Citizenship Discussion (Part II)
In the realm of national identity, the constitutional provisions and legal framework governing citizenship in India are of significant importance. The primary constitutional provisions can be found in Part II of the Constitution (Articles 5 to 11), while the detailed legal framework is governed by the Citizenship Act, 1955, and its amendments, including the Citizenship Amendment Act, 2019.
**Constitutional Provisions**
At the commencement of the Constitution on 26 January 1950, Article 5 specifies who were the initial citizens of India. It confers citizenship to those domiciled in India who were born in India, had either parent born in India, or had been ordinarily resident in India for at least five years before the Constitution commenced.
Articles 6 and 7 dealt with citizenship in relation to persons migrating from Pakistan before and after the Constitution commenced but were subject to political and legal contestation. Article 9 deals with termination of citizenship on acquiring foreign nationality, stating that any Indian citizen who voluntarily acquires citizenship of another country ceases to be an Indian citizen. Article 11 explicitly grants Parliament the power to make laws regarding acquisition and termination of citizenship, overriding certain earlier constitutional provisions about citizenship.
**Citizenship Act, 1955**
The Citizenship Act, 1955, was enacted under Article 11 and contains detailed provisions on acquisition and termination of citizenship. The act provides five modes of acquiring citizenship: by birth, descent, registration, naturalization, and by incorporation of territory. These modes cover various circumstances including birth within India, descent from Indian parents, registration of persons of Indian origin, naturalization of foreigners, and changes due to territorial changes.
As per Section 9(1) of the Citizenship Act, Indian citizenship ceases automatically if a person voluntarily acquires the citizenship of any other country, reflecting India’s principle of single citizenship—dual citizenship is not permitted. Upon acquiring foreign citizenship, an Indian citizen must surrender the Indian passport, as it becomes invalid.
**Citizenship Amendment Act, 2019**
The Citizenship Amendment Act (CAA), 2019, amended the Citizenship Act, 1955, by providing a special route for refugees from certain specified religious communities from Pakistan, Bangladesh, and Afghanistan to acquire Indian citizenship, relaxing the residency requirements for them. This act was introduced to facilitate citizenship for persecuted minorities but is separate from the constitutional and general statutory rules about acquisition and termination. It operates within the framework created by Article 11 and the Citizenship Act.
In summary, Article 11 of the Constitution empowers Parliament to enact laws regulating citizenship, which is enacted through the Citizenship Act, 1955. Citizenship can be acquired by birth, descent, registration, naturalization, or territory incorporation. Citizenship is terminated automatically upon voluntary acquisition of foreign citizenship (Section 9(1)). The Citizenship Amendment Act, 2019, provides special provisions for certain refugees to acquire Indian citizenship, amending the 1955 Act within Parliament’s constitutional powers. This legal framework reflects India’s policy of single citizenship while providing structured ways to acquire and terminate Indian citizenship under constitutional and legislative authority.
- In the broader sphere of general news, discussions surrounding education and self-development can delve into understanding the implications of citizenship laws on Indians seeking opportunities abroad, particularly in terms of potential loss of Indian citizenship upon acquiring foreign nationality.
- Political debates often involve the intricacies of the Citizenship Amendment Act, 2019, and its impact on specified religious communities from neighboring countries, highlighting the government's efforts to facilitate citizenship for persecuted minorities, while maintaining India's principle of single citizenship.
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