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Citizenship in India
Why Citizenship is Important
- (^) Citizenship is Legal Membership of Nation States
- (^) Context Outsiders: Alien, enemy, migrant, illegal migrant, refugee etc.
- (^) Citizenship is Promise of Equality and integration within a political community
What is the Legal Implications of Citizenship?
- (^) Citizenship is seen in terms of Legal/formal Status of Individuals.
- (^) It means having Nationality i.e. Membership of Nation State
- (^) Nation State is Largely a 20 th century concept.
- (^) Citizenship is bundle of Rights: Article 19, Right to Vote, Right to Hold Positions
- (^) Citizenship also imposes Duties- Article 51A
What is the Legal Implications of Citizenship?
- (^) Idea of Citizenship Goes Beyond mere Formal/Legal Membership in terms of Belonging.
- (^) Substantive Equality: Non Discrimination- Article
- (^) State cannot discriminate on certain prohibited grounds against any citizen.
- (^) Substantive Equality Requires Special Treatment: Women
Who is an Indian Citizen as per Constitution?
- (^) Term Citizen not Defined
- (^) B. R. Ambedkar: No other subject has given this much headache to the Drafting Committee as Citizenship.
- (^) Several Drafts were prepared and destroyed.
- (^) Part II of Constitution: Articles 5 to 11 deal with Citizenship.
- (^) These Articles came into force on November 26,1949 itself.
Who is an Citizen?
- (^) Article 5: Citizenship on January 26,
- (^) Every Person who has his domicile(residence) in the territory of India and
- (^) Who was born in India or
- (^) Either of whose Parents was born in the territory of India or
- (^) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement
- (^) shall be a citizen of India
Article 6:Citizenship of Those who have
migrated to India from Pakistan
- (^) If so migrated on or after 19 th July,1948, he has been Registered by as a Citizen of India by a special officer before 26 th January,1950.
- (^) But no person is to be registered unless he has been resident in the territory of India for at least six months immediately preceding the date of application.
Article 7: Citizenship of Migrants to Pakistan.
- (^) Notwithstanding anything in Articles 5 and 6
- (^) A person who has after 1 st^ March,1947 migrated from India to Pakistan shall not be deemed to be Indian Citizen.
- (^) Provided this article shall not apply to a person who after having so migrated to Pakistan has returned to India under a permit of Resettlement or Permanent Return shall be deemed to have migrated after 19th^ July,1948.
- (^) Thus can get Citizenship only by Registration even if returned before19th July,1948.
Article 9:Loss of Citizenship
- (^) If he voluntarily acquired citizenship of Foreign country.
Article 11:Parliament to Regulate Citizenship
- (^) Article 11: Parliament given full authority to regulate citizenship with respect to acquisition and termination of citizenship and all matters relating to citizenship.
- (^) Citizenship Central Subject: Entry No 17 of Union List.
- (^) Citizenship Act,
- (^) Amendments in 1986,1992,2003,2005,2015 and 2019
- (^) States Have No Role: Assembly Resolutions Against CAA
What Did we Learn today?
- (^) Citizenship: State centric concept
- (^) Citizenship: Bundle of Rights
- (^) Jus Soli & Jus Sanguinis
- (^) Who is an Indian Citizen? Next Lecture
Disclaimer
The views which have been expressed by the speaker in the lecture are his personal views.