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How to get Citizenship in India

Getting citizenship in India requires the guidance of a legal professional, as well as there is a complete special section in the Indian Constitution regarding citizenship in India, so it becomes mandatory for every law aspirant to learn about this subject and know the whole process.

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How to get Citizenship in India

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  1. HowtogetCitizenshipinIndia Getting citizenship in India requires the guidance of a legal professional, as well as there is a complete special section in the Indian Constitution regarding citizenship in India, so it becomes mandatory for every law aspirant to learn about this subject and know the whole process. Many online law certification coursesin India based on constitutional law teach about this section of the Constitution. There is a separate legal profession(i.e, Naturalisation and Citizenship lawyer) for this purpose, these lawyers are specialists and help people in getting citizenship in India.InthisBlog,theHistorybehindcitizenship,Constitutional Provisions,Acts,andmodesofgettingcitizenshipinIndiaare mentioned. Also, the five ways to change or get national citizenship in India. Let’s firstunderstandwhatisCitizenship, Arelationshipbetween an individual and a state to which the owes the allegiance and in turn is entitledtoitsprotection.Citizenshipisalegalconceptwhichisgranted by the national government, it can be changed or taken away from a persontoo.Itisdifferent fromnationalitywhichisobtainedthrough inheritance. Apersonbelongingtonationalitycangetaccessto citizenship of a different country or Nation. Citizenship depends on the factorslikebirth,inheritance,marriage,andNaturalization.Thereare two principles on which citizenship is based i.e, Jus Soli (Citizenship on thebasis ofBirth) and Jussanguinis (recognizationof blood ties). HistoryBehindCitizenshipinIndia: AtthetimeofindependencehappenedthepartitionofIndiaand Pakistan,allthecitizensweregiventhechoicetobepartofthecountry

  2. theywishandgetthenationalityof that Country. Due to this situation, the framer of the Constitution put extra effort to enact strict provisions to framethepolicyregardingnationalityandcitizenshipbeforethe establishmentof the IndianConstitution. • ProvisionsinConstitution: • Part II of the Indian Constitution is based on citizenship, it mentions all categoriesofpeoplewhoareentitledtocitizenshipunderArticles5to • These provisions were implemented on November 26, 1949, even before the whole constitution came into effect which was January 26, 1950. Law aspirants are required to learn all these articles completely, manylegallearningplatformsprovideonlinelegalcertification coursesonConstitutionallawaswellasguidanceforstudentsonhow toget citizenship inIndia.The Provisions areas follows; • Article5: • Article 5 of the Indian Constitution provides the citizenship to the person domiciledatthetimeofcommencementoftheconstitution,andalso who; • ApersonborninIndia. • EvenifthepersonisnotborninIndia,eitheroftheirparentsis bornin India. • Any person who has been an ordinarily resident for more than 5 yearsin the territory ofIndia. • Article 6: • Article 6oftheIndianconstitutiontalksaboutthepersonwhohas migratedfromPakistantoIndia,suchapersoncanhavethecitizenship ofIndia if, • If that person, their parents or grandparents were born in India underthe IndiaAct 1935. • A person who migrated before the date of 19 July 1949, would automatically become a citizen of India, if someone migrates after thisdate thenthey would needto register themselves.

  3. Article7: ThisArticleoftheIndianConstitutiontalksabouttherighttocitizenship of certain migrants of Pakistan, after March of 1947 any person who entered Pakistan for residing was not considered an Indian citizen but there were some exceptions to this which are mentioned in Article 7. Article 7 states that any migrant person can get citizenship in India if; thesepersons return withina resettlement period. Article8: The 8th Article tells about the citizenship of a person of Indian origin residing outside. If any person, who is ordinarily residing outside of the country for education, marriage, job or any other such purpose shall be considereda citizen of India. Article9: Article 9 of the Indian constitution is concerned with the people who have voluntarilybecomecitizensofa foreign country. This Article has read that India does not allow Dual citizenship, that’s why any Indian person who has voluntarily acquired citizenship of a Foreign country shall not be consideredan Indian citizen. Article10: Article10oftheIndianconstitutionsaysthatanypersonwhois considered a citizen of India under any article of Part II of the Indian constitution shall continue to be an Indian citizen and will be subject to everylaw and provisionmade by the Parliament. Article11: Article 11 states that Parliament has the power to make any provisions regarding the acquisition and termination of the citizenship and all other requirementsrelated toit, which everyperson has toaccept. 4WaystogetCitizenshipinIndia: TheParliamentofIndiapassed acomprehensivelawmanaging the citizenship of Indian people in 1955 known as The Citizenship Act, 1955. ThisactisregulatedbytheMinistryofHomeAffairs.Therearefour

  4. provisionslistedinthisactthroughwhichpeoplegetacquisitionof citizenshipof India, they areas follows; ByBirth:(Section3) Any person born in India after the passing of the Bill will be considered a citizen of India till 1st July 1987 by birth irrespective of the nationality of Birth.Also, apersonborninIndiabetween1stJuly1987and3 December2008,isconsidered acitizenofIndiaifeitherofwhose parentshavethecitizenshipofIndiabyBirth.And, apersonis consideredacitizenofIndiaifhe/sheisbornafter3December2008, and at the time of birth, either of his/her parents is a citizen of India by birthand another one isnot an illegal migrant. ByDecent:(Section4) According to this Section, A person born after 26 January 1950 can be a citizen of India if his/her father is a citizen of India by birth, also A person born outside India between 10 December 1992 and 3 December 2004, can be considered a citizen of India if his/her parents were citizens of India by birth, and a person born after 3 December 2004 outside India cannotbecome acitizen of India unless his/her parents declare that minor doesn't have the passport of any country and register him/her in Indian’s consultant within one year ofbirth. ByRegistration:(Section5) Citizenship in India can be acquired by the registration, there are some rules for registering such as; A person who has Indian origin and has been a residentofIndiafor 7 years can apply for registration, A person of Indian origin who is a resident of a country outside undivided India, A person who is married to an Indian citizen and is ordinarily resident of India for 7 years can register, and Minor Children of Indian Citizens can alsoregister. ByNaturalization:(Section6) Centralgovernmentcangrant citizenship to a person from a foreign countryifhe/sheisordinarilyresidentofIndiaformorethan12years and fulfils the qualifying criteria of the Third Schedule of the citizenship act.

  5. But one must remember that these provisions are not applicable for dual citizenshipasIndiaisacountrywhichhassinglecitizenship.Thisact has been amended four times and brought many changes in the actual act, one can learn about all those conversions in the act through online legal courses based on this subject. Also, law aspirants must be aware of the complete act of Citizenship, as this whole process is done with the helpof legal professionals.

  6. Conclusion: There is another whole section on termination of citizenship in the act, where it is clearly mentioned the scenario in which one can get their citizenship terminated, then there are several cards and papers which provide privileges of a visa and Indian citizenship such as; Person of IndianOrigin(POI)card,andOverseasCitizenofIndia(OCI)card. Become a citizen of India, should be a decision one should take with proper thought and consideration also if one migrates to another country and wants to terminate the citizenship, this should also be considered very thoroughly, as this process takes a lot of time as well as paperwork andproperlegalguidance. Also, law aspirants must be aware of all regulations, limitations, and requirements for this purpose. Many legal expertsinthisfield,helpstudentsbysharingtheirknowledgeand experiencethrough onlinelegal certificationcourses.

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