What is Citizenship Rights?
Historical Background
Key Points
10 points- 1.
Article 5 of the Indian Constitution defines citizenship at the commencement of the Constitution. It grants citizenship to those domiciled in India and either born in India, or whose parents were born in India, or who had been ordinarily resident in India for not less than five years before the commencement of the Constitution.
- 2.
Article 6 addresses the rights of citizenship of certain persons who have migrated to India from Pakistan. It lays down specific conditions for these individuals to become citizens.
- 3.
Article 7 deals with the rights of migrants to Pakistan. It states that those who migrated to Pakistan after March 1, 1947, are not deemed to be citizens of India, unless they returned under a permit for resettlement or permanent return.
- 4.
Article 8 concerns the rights of persons of Indian origin residing outside India. It allows them to register as citizens of India.
- 5.
Article 9 clarifies that a person who voluntarily acquires the citizenship of a foreign state is no longer a citizen of India.
- 6.
Article 10 states that every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament.
- 7.
Article 11 empowers Parliament to make any provision with respect to the acquisition and termination of citizenship.
- 8.
The Citizenship Act of 1955 provides detailed rules for acquiring citizenship through birth, descent, registration, naturalization, and incorporation of territory.
- 9.
The Act also specifies grounds for the termination of citizenship, such as renunciation, termination by the government, and deprivation.
- 10.
The Citizenship Amendment Act (CAA) of 2019 amended the 1955 Act to offer a path to Indian citizenship for religious minorities (excluding Muslims) who have fled persecution from Pakistan, Bangladesh, and Afghanistan and entered India before December 31, 2014.
Visual Insights
Key Articles on Citizenship in the Indian Constitution
Comparison of key articles in Part II of the Indian Constitution related to citizenship.
| Article | Description | Relevance |
|---|---|---|
| Article 5 | Citizenship at the commencement of the Constitution | Defines initial citizenship criteria |
| Article 6 | Rights of citizenship of certain persons who have migrated to India from Pakistan | Addresses citizenship for migrants from Pakistan |
| Article 7 | Provisions regarding migrants to Pakistan | Deals with migrants to Pakistan |
| Article 11 | Parliament to regulate the right of citizenship by law | Empowers Parliament to make laws on citizenship |
Recent Developments
10 developmentsThe Citizenship Amendment Act (CAA) passed in 2019 has been a subject of intense debate and legal challenges.
Several petitions have been filed in the Supreme Court challenging the constitutional validity of the CAA.
Many states have expressed concerns about the implementation of the CAA.
The government has been working on framing rules for the implementation of the CAA.
Discussions are ongoing regarding the National Register of Citizens (NRC) and its potential impact on citizenship rights.
The COVID-19 pandemic has delayed the implementation of some citizenship-related processes.
Debates continue on the rights of refugees and asylum seekers in India.
The concept of dual citizenship for Indian diaspora is periodically discussed, but no major policy changes have occurred recently.
The government has simplified the process for Overseas Citizens of India (OCI) cardholders.
There are ongoing discussions about statelessness and the need to protect stateless individuals.