Citizenship
- A citizen is a person who enjoys full membership of the community in which he lives.
- Single Citizenship: No State Citizenships.
Citizens are different from aliens who do not enjoy the following Fundamental Rights:
- The right not to be discriminated against on grounds of religion, race, caste, sex or place of birth. (Article 15)
- The right to equality of opportunity in the matter of public employment (Article 16).
- The right to six freedoms in Article 19, i.e., freedom of speech and expression, assembly, association, movement, residence and profession.
- Cultural and educational rights conferred by Articles 29 and 30.
Again, citizens alone have the right to hold certain high offices such as those of the President, Vice-President, Governor of a State, Judge of Supreme Court and High Courts, Attorney General, etc. the right to vote to elect a member of the Lok Sabha and a Vidhan Sabha and the right to become a Member of the Parliament and a State Legislature are reserved for citizens only.
Citizenship
At the Commencement of the Constitution
- Every person who has domicile in the territory of India and:
- Who was born in the territory of India; or
- Either of whose parents was born in the territory of India; or
- Who has been ordinarily residing in the territory of India for not less than five years immediately preceding such commencement; shall be a citizen of India.
- Persons who migrated to India from Pakistan before 19th July, 1948 and since then have been ordinarily residing in India.
- Persons who migrated to India from Pakistan on or after 19th July, 1948 but got themselves, duly registered as citizens with a competent officer appointed for that purpose.
- Persons who migrated to Pakistan after 1st March but returned to India under a permit for resettlement.
- Any person who or either of whose parents or any of whose grandparents was born in India.
However, no person will be deemed to be a citizen, if he voluntarily acquires the citizenship of a foreign State.
Citizenship Act, 1955
As Amended by Citizenship (Amendment) Act, 1986
The Act provides for the acquisition of Indian Citizenship after the commencement of the Constitution in five ways, i.e., Birth, Descent, Registration, Naturalization and Incorporation of territory.
1. Citizenship by Birth
Every person born in India on or after 26th January, 1950 shall be a citizen of India by birth provided either or both of his parents are citizens of India at the time of his birth.
However, such a person shall not be a citizen of India, if at the time of his birth:
- His father is a foreign diplomat; or
- His father is an enemy alien.
2. Citizenship by Descent
A person born outside India on or after 26th January, 1950 shall be a citizen of India by descent, if his father is a citizen of India at the time of that person's birth.
Citizenship Act, 1955
As Amended by Citizenship (Amendment) Act, 1986
3. Citizenship by Registration
Any person who is not a citizen, and belongs to any of the following categories, can apply for registration as a citizen.
However, he must have resided in India for at least five years immediately before making an application for registration as a citizen.
These are:
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Persons of Indian origin who are ordinarily resident in India for five years immediately before making an application for registration;
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Persons of Indian origin who are ordinarily resident in any country or place outside India;
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Women who are married to citizens of India;
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Minor children of persons who are citizens of India; and
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Persons of full age and capacity who are citizens of a country mentioned in the first schedule of the Act.
4. Citizenship by Naturalization
A foreigner, on application for naturalization to a competent authority appointed by the State, can acquire Indian citizenship provided he satisfies certain conditions like having normally resided for at least ten years in India immediately before making an application.
5. Citizenship by Incorporation of Territory
If any new territory becomes a part of India, the Government of India shall notify the persons of that territory to be citizens of India.
Loss of Indian Citizenship Under The Act
The Citizenship Act, 1955 also lays down the three modes by which an Indian citizen, whether a citizen at the commencement of the Constitution or subsequent to it, may lose his citizenship.
These are renunciation, termination and deprivation.
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Renunciation is a voluntary act by which a person after acquiring the citizenship of another country gives up his Indian citizenship.
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Termination takes place by operation of law. When the Indian citizen voluntarily acquires the citizenship of another country, he automatically ceases to be an Indian citizen.
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Deprivation is a compulsory termination of the citizenship of India obtained by registration or naturalization. The citizenship is deprived on the basis of an order of the Government of India, in cases involving acquisition of Indian citizenship by fraud, false representation, and concealment of material fact or being disloyal to the Constitution.
Citizenship Amendment Act, 1992
According to this Amendment Bill, the child who is born outside India and if his mother belongs to India, can have the Indian citizenship.
Before this Act, any child born outside India could acquire citizenship only if his father was a citizen of India.
Overseas Citizen of India Status
Parliament has passed the Citizenship (Amendment) Act, which says that all the people of Indian origin in various countries, except in Pakistan and Bangladesh, whose parents/grand parents migrated from India after 26 Jan, 1950 or were eligible to become Indian citizens on 26 Jan, 1950 or belonged to a territory that became part of India after 15 Aug, 1947, will become eligible to be registered as the Overseas Citizens of India (OCI). All legal steps in this direction have been completed.
Entitled
- OCIs are entitled to multiple-entry, multi-purpose, life-long visas with no requirement of registration with police.
- They can live and work in India or in the country of their naturalization.
- They are eligible to work in the private sector.
- OCIs enjoy parity with NRIs in respect of economic, financial and educational fields except in relation to acquisition of agricultural or plantation property.
Not entitled
- They are not entitled to hold constitutional posts and employment with the government.
- They cannot vote.
Note:
A proposal to grant voting rights to Indian citizens who are not ordinarily residing in India on account of employment, education or otherwise have been approved by the government.
This will meet a long-standing demand of Indian workers in the Gulf who take up employment there on a contract basis and cannot be naturalized in the country they work.The facility will be granted after Parliament approves the necessary amendments to the Representation of the People Act.
Pravasi Bharatiya Divas
- 9th January was recognised as the Pravasi Bhartiya Divas.
- 9th January was chosen as Pravasi Divas because on this day Mahatma Gandhi had returned to India from South Africa in 1915 to lead the freedom struggle.
- First Pravasi Bharatiya Divas was celeberated on 9th January, 2003.
- On Pravasi Bhartiya Divas special programmes are organised to recognise the contribution of NRIs/PIOs, who have excelled in their respective fields.
- NRI - An Indian citizen who is ordinarily residing outside India and holds an Indian Passport.
- PIO - A person who or whose any of ancestors was an Indian national and who is presently holding another country’s citizenship.
- PIO Card Holder - A person who is registered as PIO Card holder under Ministry of Home Affairs’ (MHA’s) scheme.
- OCI - A person registered as overseas Citizen of India (OCI) under Section 7A of the Citizenship Act, 1955.
- The event of Pravasi Bhartiya Divas is organised by the Ministry of Overseas Indian Affairs and the FICCI every year.
Pravasi Bharatiya Divas organised so far since 2003:
- 2003 1st Pravasi Bharatiya Divas New Delhi
- 2004 2nd Pravasi Bharatiya Divas New Delhi
- 2005 3rd Pravasi Bharatiya Divas Mumbai
- 2006 4th Pravasi Bharatiya Divas Hyderabad
- 2007 5th Pravasi Bharatiya Divas New Delhi
- 2008 6th Pravasi Bharatiya Divas New Delhi
- 2009 7th Pravasi Bharatiya Divas Chennai
- 2010 8th Pravasi Bharatiya Divas New Delhi
- 2011 9th Pravasi Bharatiya Divas New Delhi
PIO Card (Persons of Indian Origin)
The Government of India launched a comprehensive scheme for the persons of Indian origin, called the PIO card scheme. Under this scheme, persons of Indian origin upto the fourth generation, settled throughout the world, are eligible.
- PIO Card scheme came into effect on September 17, 2007.
- PIO Card holders can visit India without any visa for life-long.
- PIO Card is to be valid for 15 years.
- PIO's of Pakistan and Bangladesh are not entitled to it.
- Fee for PIO Card is US $365.00 for adults and US $185.00 for children below 18 years of age.
- PIO Card holders to have similar benefits as NRIs in economic, financial and educational matters.
- PIO Card holders are not entitled to have political rights.
Overseas Citizenship of India (OCI)
The Government of India had appointed a High level Committee on Indian Diaspora under the Chairmanship of L.M. Singhvi which recommended in its report to grant overseas Indian citizenship to the people of Indian origin. Based on its recommendations, the Government of Inida made provisions for overseas citizenship of India (OCI) commonly known as dual citizenship to the people of Indian origin by amending the Part-II of the Indian Constitution, since the Constitution of India does not allow holding Indian Citizenship and Citizenship of Foreign country simultaneously.
Eligibility for OCI
- Any person who at any time held an Indian Passport, or either he or one of his parents or grandparents was born in or was a permanent resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided he was at any time a citizen of Afghanistan, Bhutan, China, Nepal, Pakistan and Sri Lanka or who is a spouse of a citizen of India or a person of Indian
- A foreign national, who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or belonged to a territory that became part of India after 16.08.1947 and his/her children and grandchildren, provided his/her country of citizenship allows dual citizenship in some form or other under the local laws, is eligible for registration as Overseas Citizen of India (OCI).
- MInor children of such a person are also eligible for OCI.
- If the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.
Procedure of acquiring OCI
- Eligible persons have to apply in the prescribed form along with enclosure form online.
- Applicant can apply to the Indian Mission/Post in the country where applicant is ordinarily residing.
- If applicant is in India on long term visa then to FRRO, Delhi, Mumbai, Kolkata, Amritsar, Chennai or to the Joint Secretary (Foreigners) MHA.
- Fee for getting OCI is Rs. 15,000 or equivalent in local currency for adults and for children upto 18 years is Rs. 7,500 or equivalent in local currency.
Benefits to OCI holders
- A multi-entry, Multi-purpose life-long visa for visiting India.
- Exemption from the requirements of registration if they stay on any single visit in India which does not exceed 180 days.
- Parity with NRIs in respect of all facilities available to the latter in the economic, financial and educational fields except in matters relating to the acquisition of agricultural/plantation properties. No parity shall be allowed in the sphere of political rights.
- A person registered as OCI is eligible to apply for grant of Indian Citizenship under Section 5(l)(g) of the Citizenship Act, 1955. If he/she is registered as OCI for five years and has been residing in India for one year out of the five years making the application.
- OCI is not entitled to vote, be a member of Legislative Assembly or Legislative Council or Parliament and cannot hold constitutional posts such as President, Vice-President, Judge of the Supreme Court or High Courts and can not also normally hold employment in the Government.
