Citizenship.docx

Meaning of Citizenship The population of a State is divided into two classes-Citizens and aliens. A Citizen of a State is a person who enjoys full civil and political rights in that

Stat State. e. He enjo enjoys ys full full memb members ershi hip p of the the poli politi tica call commu communi nity ty. Theref Therefore! ore! Citizenship  simply simply means the the membership of the political community or the

State. Citizenship is Citizenship is a legal status determined by the specific rights and duties. Citizen of Citizen of a State is he who has political rights in! the duty of military service for! for! and and dipl diplom omat atic ic prot protec ecti tion on abroa abroad! d! by the the Stat Statee conc concer erne ned. d. Citizenship carries with it certain certain advantages. advantages. There are certain certain "undamental "undamental #ights which are available only to the Citizens of $ndia %. Again! Citizens alone have the right to hold certain high offices! such as! that of the &resident! the 'ice &resident! the (overnor (overnor of a State! the )udges of the Supreme Supreme Court and the High Courts! Courts! the Attorney-(eneral! and the Advocate (eneral of a State *. Also Also the right to vote to elect representatives of the +nion and the State ,egislatures! the right to contest the elections and be elected to such ,egislatures is vested in a Citizen of $ndia only. Citizenship carr carrie iess with with it cert certai ain n obli obliga gati tion onss as well well.. "or "or eam eampl ple! e! the the "undamental /uties contained in Article in  Article 51-A are 51-A are addressed to the Citizens of  $ndia only.

1 +nited States vs. Crui0shan0! 12345 6% +.S. 4%. 2 Articles 4! 7! 6! %6! *8 of the Constitution. 3 Articles 42! 771*5! 43! %1*5! %31%5! 37! 74. 4 Articles *%7! 2! 8%! 3*! 6 of the Constitution of $ndia .

Constitutional Provisions The Constitution does not lay down a permanent or comprehensive provision relating to Citizenship in $ndia. &art $$ of the Constitution simply describes classes of persons who would be deemed to be the Citizens of $ndia at the commencement of the Constitution! the %7 th )anuary! 648! and leaves the entire law of Citizenship to be regulated by law made by &arliament. Article  epre epress ssly ly confe confers rs powe powerr on &arl &arlia iame ment nt to ma0e ma0e laws laws to provi provide de for for such such matt matter ers. s. $n eer eerci cise se of its its powe power! r! the the &arl &arlia iam ment ent has has enac enacte ted d the the  Indian Citizenship Act, 1955 . This act provides for the ac9uisition and termination of 

Citizenship subse9uent to the commencement of the Constitution.

Citizenship and Nationality Citizenship may may be disti disting ngui uish shed ed from  Nationality of a pers person on.. :hile hile the the former refers to the relationship of an individual with the State from the internal aspect! the latter refers to similar relationship from the $nternational aspect 4. The term National  term National  is   is often used as synonymous with Citizen. Citizen. ;ut! the former  has a broader significance than the latter 7. "or! while all Citizens of Citizens of a State must  be its  Nationals!  Nationals! all  Nationals may not be its Citizens. Citizens. "urt "urthe her! r! whil whilee  Nationality is  Nationality is the concept of $nternational ,aw! Citizenship is Citizenship is determined under  municipal law3. A person is a National  a  National  of  of a State if there is a genuine connection India,  A! 62%! 24. 5 /./. ;asu! Commentary on the Constitution of India, A!

6 Encyclopaedia rittanica! rittanica! Central an4 of India #s. *am  Narayan! A$# 644 SC *7. See also San4aran o#indan #s. harathi! A$# 63 SC 37.

Thus! there must be both! the factum and animus! to constitute the eistence of  domicile! for neither mere residence nor mere intention to reside at the place is sufficient to constitute the domicile of the person. The intention may be epress or it may be inferred from the conduct or  circumstances of the person. A person born in (oa in 62 to (oan parents came to ;ombay in 6%3 when he was 6 years of age. He was educated in ;ombay and having completed his school education in6*7! started his fatherDs  business in ;ombay itself. $n 6%! he joined the #oyal $ndian "orce and was discharged from the service in 67. $n the discharge certificate issued to him! he gave as his permanent residence his ;ombay address for all necessary communications to him and carried on his fatherDs business there. His name appeared in the ?unicipal #olls as a voter in ;ombay. All these facts go to show that he enjoyed civil franchise in the city of ;ombay. He was held to be having his domicile in ;ombay 7. $n Mohd$ .aza vs$ State of %o&*ay #/! the appellant came to $ndia in 6*2 and remained there till 64! when he went on a pilgrimage to $ra9 for one year. =n his return to $ndia from the pilgrimage! he registered himself as a foreigner and too0 the job of a cashier in a hotel in $ndia. Several times his stay in $ndia was etended. $n 643 his re9uest for etension of his stay was refused. These facts established that there was a change in his mind! and that he had no intention to ma0e $ndia his permanent home. His application for etending his stay in $ndia! made from time to time! fortified this conclusion.

0inds of !o&i'ile There are two 0inds of domicile-do&i'ile of origin  and do&i'ile of 'hoi'e$ 16  6ichael #s. State of ombay, A$# 647 ;om. 3%6. 17 A$# 677 SC *7

Every person is born with a domicile of ori&in. $t is the domicile which he receives at the time of his birth. The domicile of ori&in  of every person of  legitimate birth is the place where! at the time of his birth his father is domiciled. The domicile of ori&in of the illegitimate child is the place where! at the time of his birth! his mother is domiciled 2. The domicile of ori&in  is a concept of law and it clings to the man till he abandons it and has a domicile of choice 6. A married woman ta0es the domicile of her husband on her marriage%8. A widow retains the domicile of her deceased husband till she changes it. Every person of full age and capacity can ac9uire a do&i'ile of 'hoi'e by abandoning his domicile of ori&in. He can ac9uire the domicile of choice by moving from the place of his residence to another place and settling down there with a definite intention to remain there permanently. The onus to prove that he has changed his domicile of ori&in! lies on him. $t depends on his conduct and for this purpose! the course of his conduct! both before and after the material time! is relevant.

Single !o&i'ile in India $n Pradeep 1ain vs$ "nion of India (#! the Supreme Court has repudiated the notion of State !o&i'ile. The Court observed that the Constitution of $ndia recognised on one domicile! namely! the domicile of $ndia. The Court observed that $ndia was not a federal State in the traditional sense of that term. $t was not 18  6al4iat Sin&h #s. State of 0un7ab! A$# 646 &b. %48. 19  !ouis +e *aedt #s. nion of India, A$# 66 SC 227. 20  8arimun Nisa #s. State of 6adhya 0radesh! A$# 644 Fag 7. 21 A$# 62 SC %8. Also see State of ombay #s. Narayan +ass! A$# 642 ;om 72.

a compact of sovereign States which had come together to form a federation by ceding a part of their sovereignty to the federal State. Though! $ndian "ederation had certain federal features! it was not still a federal State and it had only one citizenship! namely! the citizenship of $ndia.

Citizenship *y Migration +Arti'le 2=n partition of the country! people residing in &a0istan and migrating to the territory of $ndia! could not be regarded $ndian citizens under the provisions of   Article 5! special provisions under Articles ) and 9  had! therefore been made for  them.  Article )   is applicable to persons of Indian origin! i.e.! those who themselves were born within the territory of India as defined in the o#ernment of India  Act, 1':5! or either of their parents was born in $ndia so defined! or any of their  grandparents was born in the territory of $ndia so defined. Any of such persons migrating from &a0istan to $ndia could ac9uire $ndian citizenship! under this provision. Article )  has classified such persons migrating from &a0istan to $ndia into two categories1i5 1ii5

Those who came to $ndia *efore #3th 1uly4 #3564 and Those who came to $ndia on or after #3th 1uly #356

Migration fro& Pa7istan to India *efore #3 th 1uly4 #356  Article )  provides that a person of Indian ori&in shall be deemed to be a citizen of $ndia! at the commencement of the Constitution! if he! having migrated from &a0istan to $ndia before the 6 th )uly! 62! has been ordinarily resident in the territory of India since the date of his mi&ration.

Migration fro& Pa7istan to India on or after #3 th 1uly4 #356

A person of Indian ori&in shall be deemed to be a citizen of $ndia if he migrated from &a0istan to $ndia on or after 6 th )uly! 62! only "hen  he has been re&istered as a citizen of India by an officer appointed in that behalf by the (overnment of the /ominion of $ndia. His application could be accepted for  registration only if he had been resident in the territory of $ndia for at least si2 months immediately preceding the date of his application%%.

Citizenship of Migrants to Pa7istan +Arti'le / Article 9  provides that a citizen of $ndia! whether by domicile or by migration! ceased to be a citizen of $ndia! if he had migrated to &a0istan after #st Mar'h4 #35/(). Article 9   overrides Article 5 for even if a person was a citizen of $ndia

 by virtue of Article 5! he would cease to be a citizen of $ndia! if he migrated to &a0istan after 1 st  6arch, 1'(9 . Similarly! a person ac9uiring the citizenship of  $ndia under Article )   would cease to be a citizen of $ndia! if he had migrated to &a0istan after this date.

Migrants returning *a'7 to India  0ro#iso to Article 9  contains an eception in favour of  persons "ho ha#in&  mi&rated to 0a4istan! returned bac4 to India. $t provides that a person! who after having migrated to &a0istan ! returned to the territory of $ndia! under a  permit for resettlement or permanent return to India! issued by or under the authority of any law! could be registered as a citizen of $ndia. 22 Article 7 1b5 1ii5. 23 $t was on this day that communal riots started in $ndia and migration of ?uslims to the ?uslim majority areas began.

Such a person would be deemed to have migrated from &a0istan to $ndia after  6th  )uly! 62. Therefore! it re9uired that such a person was to ma0e an application for his registration as a citizen of $ndia! to an officer appointed by (overnment of $ndia. He could be so registered only if he had resided in the territory of $ndia for at least 7 months immediately preceding the date of his application. =n his registration! he would be deemed to be a citizen of $ndia.

Migration  Articles ) and 9   deal with persons migrating from &a0istan to $ndia and vice versa. The term migrationD came for consideration before the Supreme Court in 0ulathil Ma&&a vs$ State of 0erala (5. $n this case! the appellant aged #( years4 left for Pa7istan in #356 ! leaving his parents in $ndia. He came to $ndia

in 64 on &a0istan passport. He again left for &a0istan and came to $ndia in 647. The Supreme Court held that he had lost his $ndian citizenship because of  his migrating to &a0istan. The court observed that the term @migrated used in Articles ) and 9   had to be construed with reference to the contet and purpose and the prevailing political conditions at the time of the Constitution of $ndia was being enacted. So interpreted! the word @ &igration could mean nothing ecept #oluntary &oin&   from India to 0a4istan permanently or temporarily.

24 A$# 677 SC 7. See also State of Assam #s. 3il 8adar ! A$# 63% SC %77> han"aroo 8han #s. nion of India! )T %88% 1*5 SC 7>  6ohd Ayub 8han #s. Commissioner of 0olice! 6adras! A$# 674 SC 7%*.

The majority of the supreme court held that the term  &igrationD was used in a wider sense so as to mean! @ &oin& from one place to another, "hether "ith the intention to reside there permanently or not, but the mo#ement should be #oluntary and not for specific purpose, or for specific or limited time. ;ut! a citizen of $ndia would not lose his $ndian citizenship! by a mere temporary visit to &a0istan on some business or otherwise %4.

Citizenship *y .egistration +Arti'le 6 Article ; deals with the right of citizenship of persons of Indian origin4 residing outside undivided India . $t provides that @any person "ho or either of 

his parents or any of his &randparents "as born in the territory of India as defined in the o#ernment of India Act, 1':5, and "ho "as ordinary resident in any country outside India as so defined, "ould be deemed to be a citizen of   India, if he "as re&istered as a citizen of India, by the +iplomatic or Consular   *epresentati#e of India in the country "here, for the time bein&, he "as residin&azir #s. State of ombay! A$# 64 SC %%6. See also Article 6 1d5 and 1e5.

the commencement of the Constitution and all other related matters. $n the eercise of this power! &arliament has enacted the Citizenship Act, 1'55. The Act recognises formally the concept of Common"ealth citizenship. The Act does not apply to a company! association or a body of individuals! whether  incorporated or not%3.

AC9"ISITIN F CITIZENSHIP F IN!IA After the Co&&en'e&ent of the Constitution +i$e$4 after (2 th 1anuary4 #3,8The Citizenship A't4 #3,,  provides the following modes of ac9uiring $ndian

citizenship after the commencement of the constitution+i- Citizenship *y %irth +Se'tion )-

Section * of the Citizenship Act, 1'55 provides that every person born in India on or after %7th )anuary! 648! shall be a citizen of $ndia *y *irth. However! no such person as above said shall be a citizen of $ndia if at the time of his birth-

27 Section %1f5 of  the Citizenship Act, 1'55. See also State radin& Corporation #s. C..., A$# 67* SC 2.

1a5 His father 1or mother5%2  possesses such immunity from suits and legal  processes as is accorded to an envoy of a foreign sovereign power and 1he or she! as the case may be5 %6 is not an $ndian citizen> or  1b5His father 1or mother5*8 is an enemy alien and his birth ta0es place in a territory then under enemy occupation. he Amendment Act, 1';) ! amends Section * of the Citizenship Act, 1'55! and  provides that citizenship by birth can be ac9uired only by such persons whose either  of the parents is a citizen of $ndia at the time of his birth. This amendment came into force on  st  )uly! 623! and therefore is applicable to the cases occurring on and after this date. The Citizenship Amendment/ Act, ?$$:, has amended Section * to the effect that a person born in $ndia on or after the commencement of this Amendment Act! shall be a citizen of $ndia by birth if at the time of his birth1i5 ;oth of his parents are citizens of $ndia> or  1ii5=ne of whose parents is a citizen of $ndia and the other is not an ille&al  mi&rant :1.

+ii- Citizenship *y !es'ent +Se'tion 5Section  of the Citizenship Act, 1'55, provides that a person born outside India on or after %7th )anuary! 648! shall be a citizen of $ndia *y des'ent! if! at the time of his birth! his father is a citizen of $ndia. 28 $ns. by the Citizenship +A&end&ent- A't4 #362 ! 1w.e.f. -3-6235. 29 Ibid. 30 Ibid. 31 The epression @illegal migrant means a foreigner who has entered into $ndia without valid travel documents or having entered into $ndia with such documents remains therein beyond permitted  period of time. See Section %1b5 of the Citizenship 1Amendment5 Act! %88*.

However! if the father of such a person is himself a citizen of $ndia by descent! then such a person shall not be a citizen of $ndia unless1a5 His birth is registered at the $ndian Consulate! or  1b5 His father is! at the time of his birth! in the service under a (overnment in $ndia. The birth of such a person can be registered! with the $ndian Consulate! :ithin one year  of its occurrence or :ithin one year of the commencement of the

Citizenship Act, 1'55, or within such period as etended by (overnment of  $ndia. The Citizenship +A&end&ent- A't4 #33( amended Section  of the

Citizenship Act, 1'55, to the effect that in place of the words @his father ! the words @either of his parents have been added*%. Thus! a person born outside  India shall be a citizen of India if at the time of his birth either of his parents is a citizen of India. The Citizenship +A&end&ent- A't4 (88)4  has amended Section  to the effect

that birth of such a person as aforesaid shall not be registered on or after the commencement of this Amendment Act  unless the parents of such person declare! in such form and in such manner as may be prescribed! that the minor  does not hold the passport of another country. A minor! who is a citizen of $ndia  by virtue of this Section and is also a citizen of any other country! shall cease to  be citizen of $ndia if he does not renounce the citizenship or nationality of  another country! within si months of attaining full age **.

+iii- Citizenship *y .egistration +Se'tion ,-

32 The Act came into force on 8 th /ecember! 66%. 33 See &roviso to sub-clause 1ii5 of clause 1b5 of Section  of the Citizenship Amendment/ Act, ?$$:.

Section 4 of the Citizenship Act, 1'55, provides for the registration of certain categories of persons as citizens of $ndia. This Section lays down that the  prescribed authority may! on application made in this behalf! register as citizen of $ndia! any person! who is not a citizen by virtue of any provision of the Constitution or by virtue of any other provision of the Citizenship Act, 1'55 :( and belongs to any of the following categoriesG 1a5 &ersons of $ndian origin! who are ordinarily resident in $ndia and have  been so resident for si months 1five years5*4 1seven years5*7 immediately  before ma0ing an application for registration> 1b5&ersons of $ndian origin who are ordinarily resident in any country or   place outside undivided $ndia> 1c5 :omen! who are or have been married to citizens of $ndia*3. After the  passing of the Citizenship Amendment/ Act, 1';), this provision reads as @persons who are! or have been! married to citizens of $ndia and are ordinarily resident in $ndia and have been so resident for  fi#e years 1seven years5*2 immediately before ma0ing an application for registration> 1d5 ?inor children of persons who are citizens of $ndia> 1e5 &ersons of full age and capacity! who are citizens of a country mentioned in the "irst Schedule*6 to the Citizenship Act, 1'55.

34 he Citizenship Act, 1'55 as amended by the Citizenship Amendment Act ?$$:. 35 he Citizenship Amendment/ Act, 1';) e2tended this per iod of si2 months to fi#e years ".e.f. ?) th  No#ember, 1';).

36 Substituted for fi#e years by the Citizenship Amendment/ Act, ?$$:. The Act came into force on *-%-%88.

37 he Citizenship Amendment/ Act, 1';),  now re9uires that a woman married to a citizen of $ndia must have resided in $ndia at least for 4 years before she is registered as a citizen of $ndia under section 4! w.e.f. %7 th Fovember! 627 .

38 Substituted for 5 years by the Citizenship (Amendment) Act, 2003, w.e.f. 3-122004.

Category 1e5 is substituted by the Citizenship Amendment/ Act, ?$$:  by the following categoriesG 1e5 a person of full age and capacity whose parents are registered as citizens of $ndia under clause 1a5 of this sub-section or sub section 15 of section 7> 40

1f5 a person of full age and capacity! who or either of his parents was

either citizens of independent $ndia and has been residing in $ndia for  one year immediately before ma0ing an application for registration> 1g5 a person of full age and capacity who has been registered as an overseas citizen of $ndia for fi#e years and who has been residing in $ndia for t"o years before ma0ing an application for registration. "or the purpose of clauses 1a5 and 1c5 above! an applicant shall be deemed to be ordinarily resident in India if,1i5 He has resided in $ndia throughout the period of t"el#e months immediately before ma0ing an application for registration> and 1ii5he has resided in $ndia during the ei&ht years immediately preceding the said period of t"el#e months for a period of not less than si2 years. "or the purpose of this Section! a person shall be deemed to be of  Indian ori&in if he or either of his parents was born in undivided $ndia or in such other  territory which became part of $ndia after the 4 th day of August! 63. The Central (overnment! for reasons recorded in writing! may grant eemption from the residential re9uirement under clause 1c5 of sub-section 15 to any  person or a class of persons! if it is satisfied that circumstances eist which render it necessary to do so.I 39 This Schedule included the Commonwealth countries and the #epublic of $reland. 40 $nserted by the Citizenship Amendment/ Act, ?$$:.

Section 4 further provides that the Central (overnment may lay down conditions and restrictions subject to which the above categories of persons may  be registered. The government has framed the following rules for the purposeG 1i5 A person shall be deemed to be of $ndian origin if he or either of his  parents or any of his grandparents was born in undivided $ndia> 1ii5A person of full age shall not be registered as a citizen of $ndia unless he ta0es an oath of allegiance to the constitution of $ndia> 1iii5 A person who has renounced or has been deprived of his $ndian citizenship or whose $ndian citizenship has been terminated! shall not be registered as a citizen ecept by order of Central (overnment> 1iv5 A minor may be registered as a citizen if the Central (overnment is satisfied that there are special circumstances justifying such a registration> and 1v5 A person so registered shall be a citizen of $ndia by registration! as from the date he has been so registered.I A certificate of registration is conclusive evidence of ac9uiring $ndian citizenship ecept when it is proved otherwise%. The (overnment of $ndia has unrestricted power under section  of the Citizenship Act, 1'55 to refuse citizenship without assigning any reasons whatsoever and a foreign national has no legal right to claim $ndian citizenship*. He cannot claim e9ual rights under article  with that of the $ndian nationals.

+iv- Citizenship *y Naturalisation +Se'tion 2-

41 Substituted by the Citizenship Amendment/ Act, ?$$:, by ne" pro#isions. 42  @ari Shan4ar 3ain #s. Sonia andhi, A$# %88 SC *726. 43 6adan !al Arya#s. nion of India, A$# %88* All. .

Naturalisation means to adopt! to introduce to any other country! to admit to

citizenship! or to naturalise as a citizen of a State. $n the contet of citizenship! naturalisation is @the act by which rights of citizenship are conferred by a State upon a person who was before! an alien to that State . Section 7 of the Citizenship Act, 1'55, provides for the ac9uisition of citizenship of $ndia by naturalisation. $t is applicable to persons of full age and capacity! who are not the citizens of the countries mentioned in the "irst Schedule to the Act4. The (overnment of $ndia may! if satisfied that the applicant is 9ualified for  naturalisation! grant him a certificate of naturalisation. The 9ualifications for  naturalisation of a person are as follows- 7 1i5 That he must not be a citizen of a country where $ndian citizens are  prevented from becoming citizens of that country by naturalisation> 1ii5That he 3has renounced the citizenship of his own country according to the law of that country and has notified such renunciation to the Central (overnmentI> 1iii5 That he has either resided in $ndia or has been in service of  (overnment of $ndia for 1? months immediately preceding the date of  ma0ing the application for naturalisation>

44 ;asu! supra note 3! %%%. 45 The Schedule contains Commonwealth Countries. 46 See the Third Schedule to the Citizenship Act, 1'55. 47 These words are substituted for the words @he underta0es to renounce the citizenship of that country in the event of his application for $ndian Citizenship being accepted.

1iv5

That during 3 years 1% years52 1 years56 immediately preceding

the above period of % months! he has either resided in $ndia or has been in the service of (overnment or partly the one and partly the other! for   period amounting in aggregate to not less than  years 16 years548 1 years54! 1v5 That he is of good character> 1vi5 That he has ade9uate 0nowledge of at least one language recognised by Constitution of $ndia4%> and 1vii5 That in the event of a certificate of naturalisation being granted to him! he intends to reside in $ndia or to serve under a (overnment in $ndia or under an international organisation or under a society! company or   body of persons established in $ndia. The (overnment of $ndia may waive all or any of the above conditions for  naturalisation! in the case of a person who! in its opinion! has rendered distinguished service for the cause of science, philosophy, art, literature, "orld   peace or human pro&ress generally4*.

+v- Citizenship *y In'orporation of Territory +Se'tion /-

48 The words 3 years replaced by the words % years. This change was incorporated by the Citizenship Amendment/ Act, 1';) ! w.e.f. %7 th Fovember! 627.

49 Subs. by the Citizenship Amendment/ Act, ?$$:. 50 This change was incorporated by the Citizenship Amendment/ Act, 1';)  w.e.f. %7th Fovember! 627.

51 The words 6 yearsD were substituted by the words D yearsD by the Citizenship Amendment/ Act, ?$$:, w.e.f. *-%-%88.

52 See the Eighth Schedule to the Constitution! as it stands amended by the Constitution Ninety second Amendment/ Act, ?$$:! which includes %% languages.

53 &roviso to clause 15 of Section 7 of the Citizenship Act, 1'55.

Section 3 of the Citizenship Act, 1'55, provides that if any territory! not being  part of the territory of $ndia! becomes a part of the territory of $ndia! the (overnment of $ndia may! by order! notified in the =fficial (azette! specify the  persons! who are residents of such territory! to be citizens of $ndia from the date to be specified in the order.

Citizenship of Persons 'overed *y Assa& A''ord4 #36, The Citizenship Amendment/ Act, 1';55( , inserted Section 7-A in the Citizenship Act, 1'55, to give effect to the ?emorandum of Settlement relating to the foreignersD issue in Assam. This section provides citizenship of India for   persons of $ndian origin who had come to Assam before 1 st  3anuary, 1')) . Those who came to Assam after 1 st  3anuary, 1'))   but before ?5th 6arch, 1'91 and have been detected to be foreigners would have to register themselves. Such  person shall have the same rights and obligations as citizens of $ndia. ;ut! such  persons shall be deemed to be citizens of $ndia for all purposes as from the date of epiry of a period of ten years  from the date on which they have been detected to be foreigners.

verseas Citizenship for Persons of Indian rigin he Citizenship Amendment/ Act, ?$$:, provides for dual citizenship to  0ersons of Indian ri&in 1&$=s5 residing in 7 countries. Among other things! the Act simplifies the procedure to facilitate the re-ac9uisition of $ndian Citizenship by persons of full age! who are persons of $ndian origin and former  $ndian citizens! without having to forego the citizenship of the countries in which they live. As per the Act! the &$=s who see0 dual citizenship would be 54 The Act came into force on 3-%-624.

allowed free movement without visas and be able to own properties! build or  invest directly in projects in the country. However! they will not have any  political rights! will not be allowed to vote or run for office or ta0e jobs in defence services44. The Act would fulfil a long pending demand of the non resident $ndians. $t would enable both harat#asis and harat#anshis to contribute together to the cause of $ndiaDs development47.

verseas Citizenship of India The Citizenship Amendment/ Act, ?$$:, pro#ides for re&istration of the  follo"in& persons as o#erseas citizens of India59 1a5 Any person of Indian ori&in! of full age and capacity! who is a citizen of  any country specified in the %ourth Schedule, to the Act> 1b5 Any person of full age and capacity who has obtained the citizenship of a specified country on or after the commencement of the Amendment Act, ?$$: and who was a citizen of $ndia immediately before such commencement> 1c5 Any minor children of a person mentioned in the above mentioned categories 1a5 and 1b5. The registration! as an overseas citizen of $ndia! may be done by the Central (overnment! subject to such conditions and restrictions including the condition of reciprocity! as may be prescribed by the said (overnment. The person! so

55 See the =bjects and #easons attached to the Act. 56 The Act was brought into force with effect from *-%-%88. 57 Section 3-A of the Citizenship Amendment/ Act ! ?$$:.

registered! shall be an o#erseas citizen of India, as from the date on which he is so registered42.  Fo person! who has been deprived of his $ndian citizenship! under the Citizenship Amendment/ Act, ?$$:, shall be so registered! ecept by an order of  the Central (overnment46.

.ights of verseas Citizens of India Sectin 3-; of the Citizenship Amendment/ Act, ?$$: provides that the Central (overnment! may! by notification in the =fficial (azette! specify the rights! to which an o#erseas citizen of India would be entitled! ecept the rights conferred on Citizen of India under Articles 1), 5;, )), 1?(, ?19, Sections *! ! 4! 4-A! 7! 7! of the *epresentation of 0eople Act, 1'51. An o#erseas citizen of India shall not be appointed to public services and posts in connection with the affairs of the union or of any State! ecept for  appointment in such services as the Central (overnment in that behalf! specify  by special order 78.

TE.MINATIN F CITIZENSHIP F IN!IA  Article ' of the Constitution lays down that a citizen of $ndia whether by virtue of Article 5 or Article )  or Article ;, shall cease to be a citizen of $ndia! if he has voluntarily ac9uired the citizenship of any foreign State. +nder this provision! a citizen of $ndia! shall cease to be a citizen of $ndia! if he had voluntarily 58 Clause 1%5 of the Citizenship Amendment/ Act, ?$$: . 59 Clause 1*5 of Section 3-A of the Citizenship Amendment/ Act, ?$$: . 60 Sub-clause 165 of clause 1%5 of Section 3-A of the Citizenship Amendment/ Act ! ?$$:.

ac=uired the citizenship of a forei&n State, prior to or at the commencement of  the Constitution. As regards the termination of citizenship of India subse=uent to the commencement of the Constitution, the Citizenship Act, 1'55 provides the following ways1a5 by renunciation! or  1b5 by termination! or  1c5 by deprivation

+a- .enun'iation of Citizenship +Se'tion 6Section 2 of the Citizenship Act, 1'55 provides that a citizen of $ndia of full age and capacity!

7

who is also a citizen or national of any other countryI! may

renounce his $ndian citizenship! by ma0ing a declaration to the effect! 1in the  prescribed form and manner57%! and having it registered with the prescribed authority. +pon such registration! that person shall cease to be a citizen of $ndia. ;ut! if! such a declaration is made during any war in which $ndia is engaged! the registration of such declaration shall be withheld until the Central (overnment otherwise directs. Clause 1%5 of section 2 provides that where a male person renounces his citizenship! every minor child of that person shall also cease to be a citizen of  $ndia. However! such a child may resume $ndian citizenship by ma0ing a

61 These words are omitted by the Citizenship Amendment/ Act, ?$$: ! Sec. 2. 62 $nserted by the Citizenship Amendment/ Act, ?$$: ! Section 21b5.

declaration 7*in the prescribed form and mannerI to that effect! "ithin one year  of his attainin& ma7oritymaturity )(. "or the purpose of renunciation! any woman! who is or has been married! shall deemed to be of full age.I he Citizenship Amendment/ Act, 1''? has amended sub-section 1%5 of Section 2 to the effect that in place of the words @a male person! the words @a person shall be substituted. Thus! the minor children of a person! whether male or  female! who renounces hisJher $ndian citizenship! shall also cease to be citizens of $ndia74. Section 3-C of the Citizenship Amendment/ Act, ?$$:,  enables an o#erseas citizen of India, of full age and capacity! to renounce his o#erseas citizenship of   India by ma0ing a declaration and getting it registered with the Central (overnment. +pon such registration he shall cease to be an o#erseas citizen of   India. Every minor child of such a person shall also cease to be an o#erseas citizen of India.

+*- Ter&ination of Citizenship +Se'tion 3Section 6 of the Citizenship Act, 1'55 provides that if a citizen of India #oluntarily ac=uires the citizenship of any other country, subse=uent to the commencement of the ConstitutionB he shall cease to be a citizen of $ndia. ;ut! it will not apply to a citizen of $ndia who! during any war in which $ndia may be engaged! voluntarily ac9uires the citizenship of any other country. 63$nserted by the Citizenship Amendment/ Act, ?$$:. 64 Section 21*5. 65 Clause 1%5 of Section 3C of the Citizenship Amendment/ Act ! %88*.

Cases that would ordinarily arise about loss of $ndian citizenship by ac9uisition of foreign citizenship would be of three 0inds1a5 $ndian citizen who voluntarily ac9uires the citizenship of any other State or country prior to the commencement of the Constitution> 1b5 $ndian citizen who voluntarily ac9uires the citizenship of any other State or country between %7th )anuary! 648 and /ecember *8! 644 i.e.! the date of the commencement of the Citizenship Act, 1'55B 1c5 $ndian citizen who voluntarily ac9uires foreign citizenship after the date of the commencement of the Citizenship Act  i.e.! /ecember *8! 644. As regards the first category! it would be dealt under  Article ' of the Constitution. The second and third categories would be covered by the  provisions of Section 6 of the Citizenship Act, 1'55.

+'- !eprivation of Citizenship +Se'tion #8Section 8 of the Citizenship Act, 1'55 provides that a citizen of $ndia! whether   by naturalisation or by re&istration or by domicile or by residence! may be deprived of his citizenship of $ndia! by an order of the Central (overnment! if it is satisfied1i5 That the re&istration or certificate of naturalisation was obtained by him  by means of fraud! false representation or concealment of any material fact> or  1ii5That he has shown himself! by act or speech! to be disloyal or disaffected towards the Constitution of $ndia> or  1iii5 That he! during a war in which $ndia may be engaged! unlawfully traded or communicated with the enemy> or  1iv5 That "ithin fi#e years of his re&istration or naturalisation, he has  been sentenced to imprisonment for not less than t"o years> or  1v5 That he has been ordinarily resident out of $ndia for 9 years continuously and during that period! he has neither been at any time! a student of an

educational institution in a country outside $ndia> nor! in the service of  (overnment of $ndia! or of an $nternational =rganisation of which $ndia is a member> nor registered annually in the prescribed manner! at an $ndian Consulate> his intention to retain his citizenship of $ndia. As regards the #erseas Citizens of India, Section 3-/ of the Citizenship Amendment/ Act, ?$$:, provides that the Central (overnment may! by order! cancel the registration of such a person! on any of the grounds mentioned in clauses 1i5 to 1iv5! above as also! if it is necessary to do so! in the interest of the Sovereignty and $ntegrity of $ndia> friendly relations with any foreign country> or in the interest of the general public.

Co&&on:ealth Citizenship +Se'tion ##Section  of the Citizenship Act, 1'55! provided for Commonwealth Citizenship. $t lays down that every person! who is a citizen of a Commonwealth country! shall by virtue of that citizenship! enjoy the status of a Common"ealth Citizen in India. Section % of the Citizenship Act, 1'55, further   provides that the Central (overnment may! by an order! notified in the =fficial (azette! ma0e provisions! on the basis of reciprocity! of the conferment of all or  any of the rights of an $ndian citizen! on a citizen of a Commonwealth country.

A Co&pany or Corporation4 :hether a Citizen of India $n State Trading Corporation vs$ Co&&er'ial Ta; ffi'er 224  the Supreme Court held that a company or a corporation could not be a citizen of $ndia! and! therefore! could not claim! such of the "undamental #ights! as had been conferred upon the citizens only. 66 A$# 67* SC 2.

The State Trading Corporation is a (overnment company registered under the  Indian Companies Act, 1'5) . $t consists of the &resident of $ndia and the Secretary to the ?inistry of Commerce as its share holders. $t enjoys the status as that of a private limited company. The basic 9uestion before the Court was whether the corporation was a citizen of $ndia. The Supreme Court answered the 9uestion in the negative. The Court observed that the $ndian Constitution did not define the term citizenship.  0art II   of the constitution dealt with the term citizenship in certain circumstances only! but the tenor of these provisions was such that they could not apply to a juristic person li0e a corporation. he Citizenship Act, 1'55 epressly ecluded a company! association! body of  individuals! whether incorporated or not! from the concept of a person under the Act and so from the concept of $ndian citizenship. hus, only a natural person could be a citizen of India under the constitution as "ell as under the Citizenship Act, 1'55. The 9uestion again arose in Tata Engineering and