Citizenship constitutes the indispensable foundational principle of democratic polity. It involves the individual's full political membership in the State, his permanent allegiance to the State and the official recognition by the State of his integration into the political system. Citizenship brings certain rights, duties, privileges and obligations that do not belong to aliens. All public offices are open to a citizen, he is eligible for recruitment to all public services. The right to vote and certain fundamental rights are available only to citizens and citizens have obligations like paying taxes, defending the nation etc. Citizenship may also be viewed as the legal relationship between the individual and the State under which the individual pledges his loyalty to the State and the State offers its protection to the individual. This relationship is regulated by national law and recognised by international law.
There existed no concept of Indian citizenship before 26th November 1949 when the Constituent Assembly adopted the Constitution and at once brought into force articles 5 to 9 relating to citizenship. Until then, those of us who lived in British India were under the Crown and as such British subjects governed by the British Nationality Acts and those who came from any princely States had the status of British protected persons.
The partition of India and massive migrations created stupendous problems for citizenship determination. Citizenship provisions in the Constitution-Articles 5 to 11-gave the Constitution Drafting Committee the maximum headache and took a large number of drafts and more than two years to be finalized. Even then, the Constitution only laid down the law in regard to who would be citizens of India at the time of the commencement of India. It did not provide for the mode of acquisition and termination of citizenship. Article 11 says that the Parliament could regulate the right of citizenship by law. The Indian Citizenship Act passed in 1955 laid down the law for acquisition and termination of citizenship.
Articles 5-8 conferred citizenship on 'every person' who was covered under one of the following categories at the time of the commencement of the Constitution:
1. Domiciled in India and born in India- these formed the bulk of the population of the Union of India;
2. Domiciled, not born in India but either of whose parents was born in India;
3.Domiciled, not born in India but ordinarily resident for more than five years;
4. Resident in India but migrated to Pakistan after 1st March 1947 and later returned to India on resettlement permit;
5.Resident in Pakistan but who migrated to India before 19th July 1948 or who came after that date but had resided in India for more than six months and got registered in the prescribed manner;
6. Resident outside India but who or either of whose parents or grandparents were born in India.
Thus, Citizenship at the commencement of the Constitution included provisions for citizenship (i) by domicile (ii) of migrants from and to Pakistan, and (iii) of Indians residing in foreign countries.
There existed no concept of Indian citizenship before 26th November 1949 when the Constituent Assembly adopted the Constitution and at once brought into force articles 5 to 9 relating to citizenship. Until then, those of us who lived in British India were under the Crown and as such British subjects governed by the British Nationality Acts and those who came from any princely States had the status of British protected persons.
The partition of India and massive migrations created stupendous problems for citizenship determination. Citizenship provisions in the Constitution-Articles 5 to 11-gave the Constitution Drafting Committee the maximum headache and took a large number of drafts and more than two years to be finalized. Even then, the Constitution only laid down the law in regard to who would be citizens of India at the time of the commencement of India. It did not provide for the mode of acquisition and termination of citizenship. Article 11 says that the Parliament could regulate the right of citizenship by law. The Indian Citizenship Act passed in 1955 laid down the law for acquisition and termination of citizenship.
Articles 5-8 conferred citizenship on 'every person' who was covered under one of the following categories at the time of the commencement of the Constitution:
1. Domiciled in India and born in India- these formed the bulk of the population of the Union of India;
2. Domiciled, not born in India but either of whose parents was born in India;
3.Domiciled, not born in India but ordinarily resident for more than five years;
4. Resident in India but migrated to Pakistan after 1st March 1947 and later returned to India on resettlement permit;
5.Resident in Pakistan but who migrated to India before 19th July 1948 or who came after that date but had resided in India for more than six months and got registered in the prescribed manner;
6. Resident outside India but who or either of whose parents or grandparents were born in India.
Thus, Citizenship at the commencement of the Constitution included provisions for citizenship (i) by domicile (ii) of migrants from and to Pakistan, and (iii) of Indians residing in foreign countries.
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