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Understanding Citizenship in India: A Legal Perspective, Slides of Constitutional Law

An in-depth analysis of citizenship in India, discussing its importance, how a political community comes into being, legal implications, and the principles of jus solis and jus sanguinis. It also covers who is considered an Indian citizen according to the Constitution and various articles related to citizenship.

Typology: Slides

2020/2021

Uploaded on 12/04/2022

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Online Course on Constitution of
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Citizenship in India
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Download Understanding Citizenship in India: A Legal Perspective and more Slides Constitutional Law in PDF only on Docsity!

Online Course on Constitution of

India

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.