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Citizenship in the Indian Constitution
1. Constitutional Foundation
- Location in Constitution: Part II (Articles 5 to 11).
- Governing Power: The Parliament has the exclusive power to regulate the right of citizenship by law.
- Primary Legislation: This power is exercised through the Citizenship Act, 1955.
2. Core Principle: Single Citizenship
- India follows the principle of Single Citizenship.
- A citizen is a citizen of India as a whole, not of an individual state.
- This contrasts with federal systems like the U.S.A., which has Dual Citizenship (federal and state).
3. Acquisition of Citizenship
(As per the Citizenship Act, 1955)
- Eligible Methods:
- By Birth
- By Descent
- By Registration
- By Naturalization
- By Incorporation of Territory
- Ineligible Methods:
- Depositing money in Indian banks is not a valid method to obtain citizenship.
4. Loss of Citizenship
(As per the Citizenship Act, 1955)
-
- Renunciation: A citizen voluntarily gives up their Indian citizenship.
- Termination: Occurs automatically if a citizen voluntarily acquires the citizenship of another country.
- Deprivation: The central government can strip a naturalized citizen of their citizenship on specific grounds (e.g., fraud, disloyalty, trading with an enemy during war).
- Misconceptions (What Does NOT Cause Loss):
- Marrying a citizen of another country.
- Criticizing the government.
5. Special Categories & Recent Amendments
A. Overseas Citizen of India (OCI)
- A scheme for foreign nationals of Indian origin to register as OCI cardholders.
- Eligible:
- Minor children of Indian citizens.
- A foreign-origin spouse of an Indian citizen (if married for 2+ years).
- Great-grandchildren of an Indian citizen.
- Not Eligible:
- Anyone who migrated to Pakistan after the Partition (or their descendants).
B. Citizenship (Amendment) Act, 2019 (CAA)
- Passed by Parliament on 11th December 2019.
- Amends the Citizenship Act, 1955.
- Provides a path to citizenship for non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan who entered India on or before 31st December 2014.
6. Key Clarifications
- Domicile: India has a system of only one citizenship and one domicile.
- Head of State: Any citizen of India (whether by birth or naturalized) is eligible to become the President.
- Naturalized Citizens: A naturalized citizen can be deprived of their citizenship under specific, lawful circumstances (e.g., fraud, unlawful activities).
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