In this video let us discuss Indian Citizenship as discussed in Part 2 of the Constitution of India. I will be covering Article 5-11 of the Indian Constitution in this video, and in the next video, we will cover Indian Citizenship Act 1955. My Course on Constitution of India:
A citizen of a state is the one who enjoys full civil and political rights conferred by the Constitution. A citizen is a subject of state. The social contract that many political thinkers have talked about, exist between a citizen & the state. State & citizens are duty bound towards each other.
Citizenship – A citizen enjoy privileges in a certain dominion with respect to the governing state of that dominion. The basis of this treatment is his/her full time membership in a political community or the State. This membership is known as the citizenship and by its virtue only, a citizen begets rights & duties. Provisions for citizenship have been laid in part II of the constitution of India.
Citizenship in general is available to only natural persons, and not incorporated entities like a company or partnership firm etc.
Domicile: In simplest sense, domicile is a place where you have been living.
Generally, Domicile of a person said to be in that country where he either has or is deemed by law to have his permanent house.
Lets move towards the features of citizenship, as provided under the constitution.
Features:
Following are the features of citizenship in India:
Source: Citizenship in India is not only based upon constitutional provisions but on Parliament’s legislations too.
Part 2 of the Indian constitution provides for recognition citizenship of people. This provisions is only concerned with citizenship of people at the time of commencement of constitution.
Article 11 of the same part confers power upon the parliament to make laws with regards to citizenship in future.
Parliament of India has enacted Citizenship Act, 1955 in exercise of powers under this article. This Act contains the very basic provisions regarding citizenship of persons, beyond the date of commencement of constitution.
Thus, for a complete understanding regarding law related to citizenship, we need to learn both, the constitutional provisions and the Act of 1955.
Article 9 – Persons voluntarily acquiring citizenship of a foreign state not to be citizens.-
No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.
The question as to whether a person has lost his citizenship of India and has acquired citizenship of a foreign country has to be determined by Central Government (Government of India). It is only when the Central Government has decided this question, a state government can deal with a person as a foreigner.
It may be that a passport from a foreign government is obtained by a citizen and the case falls under the impugnment rule, the conclusion may follow that he has acquired the citizenship of a foreign state. But this conclusion must be drawn by an appropriate authority authorised under the Citizenship Act, 1955 to inquire the question.
The constitution does not prohibits Parliament from allowing dual citizenship, or conferring upon a foreign citizen, Indian citizenship or any such thing. Parliament of India holds unlimited powers with respect to that.
This brings us to the next feature of Citizenship in India.
Citizenship once acquired exists as a right of citizens, which cannot be otherwise taken away. Of course, ultimate powers rest with Parliament and it can terminate citizenship of any citizen through a law, but it has to be do ne through a valid Act of Parliament. Nothing less than that can affect the status of a person as a citizen. This has been provided under Article 10 as follows:
10. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
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