Citizenship under Indian Constitution - Article 5 to 11 explained with case laws | PCS J notes Indian Constitution - PCS J mains solved paper PDF free download
Introduction
'Citizenship' is not defined in Indian Constitution. It is basically refers to the relationship between a citizen and its nation. When citizens abide the law and perform certain obligations, then in return state award them with citizenship which comprises of certain political, social and economical rights. . It is a person's political right inside a community. Stated differently, it refers to a person's legal position as a citizen of any nation. It is a constitutionally granted privilege. The Indian Constitution does not include a comprehensive set of laws on citizenship. The classes of people who are considered Indian citizens are outlined in Part II of the Constitution.
Who is a Indian Citizen?
The laws enacted by the Parliament shall govern all matters pertaining to citizenship. Articles 5 to 11 of Part II of the Indian Constitution address citizenship.According to Article 5 of the Constitution, everyone who resides in India and satisfies any of the following requirements at the time of the document's adoption is considered an Indian citizen:
- His birthplace was India; or
- either if both of their parents were born in India; or
- who, in the five years before to such beginning, has been a regular resident of the Indian territory.
Kinds Of Citizenship
Constitution of India provide for three kinds of citizenship-- Citizenship by domicile
- Citizenship of persons who have migrated to India from Pakistan
- Citizenship of certain persons of Indian origin residing outside India
1. Citizenship based on place of residence (Domicile)
A person must have intention to live there, and have an permanent settlement place for it to qualify as a domicile. It doesn't have to be constant, but it also can't be runaway. Thus, for there to be a domicile, there must be factum and animus.The term "domicile" refers to a permanent residence. To be considered domicile, "residence" is insufficient on its own.
The Supreme Court ruled in D.P. Joshi v. State of Madhya Pradesh, AIR 1955 SC 334 that residence and birthplace are not the same. These aren't interchangeable terms. The aim to establish the residence as a permanent residence must be evident. In Central Bank of India v. Ram Narain, AIR 1955 SC 36, the Supreme Court ruled that a person's decision to live permanently in the nation where they have chosen to call home is a necessary component of that person's nationality. The next two components are required in order for a person's domicile to be defined:-
- Actual residence at the location
- The present intention is to stay there indefinitely
- domicile of choice and
- domicile of origin.
An individual's domicile of origin is a part of them from birth. A resident of a territory acquires their domicile of choice with the goal of settling there permanently.
In Louis De Raedt v. Union of India, AIR 1991 SC 1886, the Supreme Court ruled that it was necessary to establish that individual has intent to stay at their domicile.
The Supreme Court has ruled in two cases—
In Louis De Raedt v. Union of India, AIR 1991 SC 1886, the Supreme Court ruled that it was necessary to establish that individual has intent to stay at their domicile.
The Supreme Court has ruled in two cases—
Prabhain v. Union of India, AIR 1984 SC 1420, and Yogesh Bharadwaj v. State of Uttar Pradesh, (1990) 3 SCC 355—that Article 5 recognises India as the country of domicile. The idea of a state domicile is not recognised.
India is not familiar with the idea of a state or regional domicile.
In Sondur Gopal v. Sondur Rajini, the Supreme Court addressed the domicile of choice. According to this case, merely acquiring a different domicile is insufficient for domicile of choice. The intention to leave the place of origin must be obvious.
India is not familiar with the idea of a state or regional domicile.
In Sondur Gopal v. Sondur Rajini, the Supreme Court addressed the domicile of choice. According to this case, merely acquiring a different domicile is insufficient for domicile of choice. The intention to leave the place of origin must be obvious.
2. Citizenship of those who moved from Pakistan to India
The Constitution's Article 6 guarantees citizenship to those who have moved to India from Pakistan. According to Article 6(a) of the Constitution, a person is considered an Indian citizen on the day the Constitution is commenced if he, his parents, or his grandparents were born in India as per the Government of India Act, 1935 (first enacted). Two additional requirements are outlined in Article 6(b):- First: Those who came to India before 19% July 1948: In this case he must ordinarily be resident of India since the date of migration.
- Second: Those who came on or after 19" July 1948: In this case he must be registered as a citizen of India by officer appointed by Government of India. For the purpose of registration he must have been residing in India six months immediately before the date of application.
3. Citizenship for Indian-origin individuals living abroad (Outside India)
Registration for Citizenship or IndiaAccording to Article 8, a person who was born in India, and resides in another country will be considered an Indian citizen, if they have been officially registered by Indian diplomatic or consular representatives in that nation. The individual must also submit an application to these diplomatic or consular officials in order to be registered.
Article 8 covers overseas Indians having no domicile in the territory of India.
Under Article 8, unlike Article 5 and 6, a person could become a citizen of India, not only at the commencement of the Constitution but also subsequent to such commencement.
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💡PYQs on this topic :
Q. Who is an Indian Citizen as per Indian Constitution?
Q. How can the Citizenship of India be acquired? (KINDS)
Q. When there is a requirement for registration for acquiring Indian Citizenship?
Q. What is meant by citizenship under Indian Constitution?
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