Indian Citizenship | 5 ways to obtained Indian citizenship | Important provision

 Indian citizenship is related to Part 2 and Articles 5 to 11 of the Constitution.

There are 2 types of citizenship:

1.Single citizenship
2. Dual citizenship.

1. Single citizenship: In which all citizens have one type of citizenship. It does not get any citizenship of the states. Like – India.

2. Dual Citizenship: In which all citizens have 2 types of citizenship. It receives citizenship of the country as well as the citizenship of the states. example – USA, England. England previously had single citizenship.

There is a provision of single citizenship in India.

The provision of single citizenship is taken from Britain.

The Indian Citizenship Act, 1955 was enacted. Amendments have been made in this Act in 1957, 1960, 1985, 1986, 1992, 2003, 2005 and 2015 also.

According to the Indian Citizenship Act, 1955, Indian citizenship can be obtained in 5 ways.

1. By Birth

2. By Descent

3. By Registration

4. By Naturalization

5. By Acquisition of Land

According to the Indian Citizenship Act, 1955, citizenship can be obtained on one of the following grounds.

1. Citizenship by Birth: Every person who was born in India on or after 26th January 1950 that is after the constitution came into force, will be a citizen of India by birth. According to the 1956 amendment, one of the parents of an individual must be an Indian.

The exception is children of diplomats and foreigners.

2. Citizenship by descent: A person born after January 26, 1950 in another country outside India will be considered a citizen of India if one of his parents is a citizen of India at the time of his birth.

Note: The provision of granting citizenship to foreigners born on the basis of mother’s citizenship is made by the Citizenship Amendment Act, 1992.

3. Citizenship by naturalization: If a person has been residing in India for the last 10 years, he can obtain citizenship of India by obtaining a certificate of naturalization from the Government of India. Exclusion – Pakistan Bangladesh, China, Sri Lanka.

4. Citizenship by Registration: People falling into the following classes can obtain citizenship of India by registration –

(i) Persons who have been residing in India since 6 months before the date of registration of application.

(ii) Indians who are residing in a country outside indivisible India.

(iii) Foreign women who have married Indians or will marry in future.

(iv) Minor children of Indian citizens.

(v) Citizens of Commonwealth countries who reside in India or are working in Government of India.

5. Citizenship by Land Expansion: If the Government of India acquires land of another country by war or treaty, then the people residing in that area automatically get citizenship of India.

Indian Citizenship Amendment Act, 1986 The following amendments have been made in the Indian Citizenship Amendment Act, 1955 on the basis of this Act.

1.Now citizenship will be granted only to a person born in India, one of whose parents is a citizen of India.

2.Those who wish to obtain Indian citizenship through registration will now have to reside in India for at least 5 years. Earlier that period was 6 months.

3.Naturalization will be provided only if the person concerned has lived in India for at least 10 years. Earlier this period was 5 years. The Citizenship Amendment Act, 1986 will apply to all the states of India including Jammu and Kashmir and Assam.

The end of Indian citizenship can be as follows –

1. If he has been living in another country for the last 7 years.

2. On accepting citizenship of which other country

3. When the government snatches citizenship

4. On renouncing citizenship of his own free will.

5. On showing disloyalty to the constitution.

6. On helping Enemy during the war.

7. On wrongful citizenship.

8. On receiving a 2-year sentence by another country within 5 years of obtaining citizenship by registration or naturalization.

9. When an Indian woman marries a foreign man. 

Most Importantly Provisions of Indian citizenship in the Constitution:

Article 5: Every person who has domicile will be considered as a citizen of India.

Article 6: Is about citizenship of citizens coming from Pakistan.

Article 7: Is about the citizenship of the people who have settled in Pakistan.

Article 8: Is about citizenship of persons living outside India.

Article 9: Remember, if a person takes citizenship of another country on his own free will, his citizenship will automatically end.

Article 10: Citizenship of any person is subject to the provisions of law and will be obtained by parliamentary law only.

 Article 11: In this, Parliament has been given the right to make laws related to citizenship.