CITIZENSHIP
MEANING OF CITIZENSHIP-
The population of State is divided into two classes-
- Citizens
- Aliens
A citizen of a state is a person who enjoys full civil and political rights. Citizens are different from aliens who do not enjoy all these rights. Citizenship carries with it certain advantages conferred by the constitution. Aliens do not enjoy these advantages.
The following fundamental rights are available only to citizens:
- The right not to be discriminated against any citizen on grounds of religion, race,caste,sex or place of birth (Article 15).
- The right to equality of opportunity in the matter of public employment (Article 16).
- The right to six freedoms enumerated in Article 19, i.e., freedom of speech and expression; assembly; association; movement; residence; profession.
- Cultural and Educational rights conferred by article 29 and 30.
- There are certain offices under the Constitution which can be occupied by citizens only e.g., office of the President [ Article 58(1)(a)], Vice President [Article 66 (3)(a)], Judges of Supreme Court [Article 124 (3)] or of a High Court [ Article 217 (2)], Attorney- General [ Article 76 (1)], Governor of a State [ Article 157], Advocate General of a State [Article 165].
- The right to vote for election to the House of the People and the Legislative Assemblies of States is available to the citizens only and only they can become members of the union and the State Legislature.
#The rights guranteed by the Articles 14 and 21 are available to alien also.
#Along with the above rights the citizens also owe certain duties towards the Indian state. e.g., Paying taxes, Respect the National flag, National anthem, Defending the country and so on.
Citizenship at the commencement of the Constitution i.e., 26 January 1950. The following persons under Article 5 to 8 of the Constitution of India at the commencement of the Constitution.
1.Citizenship by Domicile (Article 5)
2.Citizenship of emigrants from Pakistan (Article 6)
3.Citizenship of migrants to Pakistan (Article 7)
4.Citizenship of India abroad (Article 8)
1- CITIZENSHIP OF DOMICILE:
According to article 5 a person is entitled to citizenship by domicile with two conditions:
- He must at the Commencement of the constitution have his domicile in the territory of India.
- He was born in India.
3. Either of his parents was born in India.
4. He must have been ordinarily resident in the territory of India for not less than 5 years immediately before the commencement of the Constitution.
# There are two main classes of domicile
a. domicile of origin.
b. domicile of choice.
2- PAKISTAN MIGRANTS FOR INDIAN CITIZENSHIP:
A person who migrated to India from Pakistan became an Indian Citizen if he or either of his parents or any of his grandparents was born in undivided India.
# The person should also fullfill one of the two conditions-
a. In case he migrated to India before July 19,1948 he had been ordinarily resident in India since the Date of his migration.
b. In case he migrated to India on or after 19 July, 1948 he had been registered as a citizen of India.
3- MIGRANTS TO PAKISTAN FROM INDIA AND RETURN TO INDIA BACK:
A person who migrated to Pakistan from India after March 1, 1947 but later returned to India for resettlement could become an Indian citizen. For this he had to be resident for six months preceding the date of his appliaction for registraion.
4- CITIZENSHIP OF INDIAN ABROAD:
A person who or any of whose parents or grandparents was born in undivided India but who is ordinarily residing outside India shall become an India citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence, Whether before or after the commencement of the Constitution.
# Thus this provision covers the overseas Indians who may want to acquire Indian Citizenship.
