citizenship articles (citizenship of india in indian constitution)

Citizenship

A citizen is a person who enjoys full membership of the community or State in which he lives or ordinarily lives. In India, while all Rights are available to citizens, aliens do not enjoy the following rights(IN SHORT 15161951A/2930326):-

1. Article 15 – The right not to be discriminated on grounds of religion, race, caste, sex or place of birth.

2. Article 16 – The right to equality of opportunity in the matter of public employment.

3. Article 19 – Six rights to freedom (Freedom of speech and expression, assembly, association, movement, residence and profession) are available only to Citizens of India.

4. Articles 29 and 30 Cultural and Educational Rights to minorities.

5. Article 326 – Right to vote under adult suffrage

The State demands extra duty from its citizen which cannot be asked to non-citizens. 42nd Constitution (Amendment) Act, 1976 has inserted 10 Fundamental Duties in Article 51-A.

Ways to acquire Indian Citizenship

Constitution of India under Citizenship (Amendment) Act, 1986 provides five ways to acquire citizenship of India. These five ways are:

Citizenship by Birth

Every person born in India on or after 26th Jan 1950 shall be a citizen of India provided either, or both of his parents are citizens of India at the time of his birth. However, such a person shall not be a citizen of India if at the time of his birth:

His/her father is a foreign diplomat or

His/her father is an enemy alien.

(WHAT ABOUT IF BABY BORN IN AIR)

Citizenship by Descent

A person born outside India on or after 26th Jan 1950 shall be a citizen of India by descent, if his father is a citizen of India at the time of his birth

Citizenship by Registration

Any person who is not a citizen of India and belongs to any of the following categories; can apply for registration as a citizen (He must have resided in India for at least 5 years)(DIFFRENCE BETWEEN NRI AND PIO):

1.            Person of Indian origin who are ordinarily resident in India for 5 years immediately before making an application for registration.

2.            PIO who are ordinarily resident in any country or place outside India.

3.            Women who are married to citizens of India.

4.            Minor children of persons who are citizen of India.

5.            Persons  of full age and capacity who are citizens of a country mentioned in the first Schedule to the Act.

Citizenship by Naturalization

A foreigner, on application for naturalization can acquire Indian citizenship provided he satisfies certain conditions:

1. He is not a citizen or subject of a country where Indian citizens are prevented from becoming citizens by naturalization.

2. He renounces his citizenship of the other country.

3. He has resided and/or bears in Government services for 12 months immediately preceding the date of application.

4. During 7 years prior to these 12 months, he has resided and/or been in Government Service for not less than 4 years.

5. He is of good character.

6. He has an adequate knowledge of a language recognized by the Constitution of India.

7. After naturalization he intends to reside in India. If the Central Government is of the opinion that the applicant has rendered distinguished service to the cause of Science, philosophy, art, literature, world peace or human progress generally, it may waive the condition for naturalization in his case.

Citizenship by incorporation of Territory

If any new territory becomes a part of India, the Government of India shall notify the persons of that territory to be Indian citizens.

NRI, PIO and OCI

Non Resident Indian (NRI): An Indian citizen who is ordinarily residing outside India and holds an Indian Passport. All benefits as available to Indian citizen subject to notifications issued by the Government from time to time are available for NRIs.

Person of Indian Origin (PIO): Any person who at any time held an Indian Passport; or he or either of his parents or grandparents was born in or was permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of Afghanistan, Bhutan, China, Nepal, Pakistan and Sri Lanka; or who is a spouse of a citizen of India or a person of Indian origin as mentioned above. There are no specific rights

and benefits given to PIO’s until they acquire PIO card. A PIO card holder is treated at par with NRIs in respect of all facilities available to the later in the economic, financial and educational fields except in matters relating to the acquisition of agricultural/plantation properties. No parity shall be allowed in the sphere of political rights. They shall not require a separate visa to visit India.

Overseas Citizen of India (OCI): Popularly known as 'dual citizenship', OCI was first mooted in December 2005 to woo the Indian Diaspora from across the world. A foreign national, who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at any time after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947 and his/her children and grandchildren, provided his/her country of citizenship allows dual citizenship in some form or other under the local laws, is eligible for registration as Overseas Citizen of India (OCI). Minor children of such person are also eligible for OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.

The OCIs are entitled to the following rights/benefits:

1.            A multiple entry multi-purpose life-long visa for visiting India.

2.            Exemption from registration with local police authority for any length of stay in India.

3.            Parity with Non resident Indians (NRIs) in respect of economic, financial and educational fields except in relation to acquisition of agricultural or plantation properties.

4.            No parity shall be allowed in the sphere of political rights.

OCI v/s PIO

The following are major differences between OCI and PIO:

1. OCI is entitled to a lifelong visa-free travel while for a PIO card holder it is limited to 15 years

2. A PIO card holder is required to register with local Police authorities for any stay in India exceeding 180 days, while OCI is exempted from any such registration.

Difference between NRI, OCI and PIO:

A Non-Resident Indian (NRI) is a citizen of India who holds an Indian passport and has temporarily emigrated to another country for six months or more for work, residence or any other purpose.

Strictly speaking, the term "non-resident" is an economic concept and refers only to the tax status of an person who, as per section 6 of the Income-tax Act of 1961, has not resided in India for a specified period for the purposes of the Income Tax Act. The rates of income tax are different for persons who are "resident in India" and for NRIs. For the purposes of the Income-tax Act, "residence in India" requires stay in India of at least 182 days in a calendar year or 365 days spread out over four consecutive years. According to the act, any Indian citizen who does not meet the criteria as a "resident of India" is a non-resident of India and is treated as NRI for paying income tax.

This implies that-Person Resident in India for less than 182 days during the course of preceding financial year and has gone out of India or who stays outside India, in either case:

a) for or on taking up employment outside India; or

b) for carrying on outside India a business or vocation outside India; or

c) for any other purpose, in such circumstances as would indicate his intention to stay outside India for a uncertain period.

A Person of Indian Origin (PIO) is a citizen of any other country but whose ancestors were Indian nationals at least four generations away. A PIO card is issued to PIOs other than Bangladeshi and Pakistani nationals with Indian origins, holding a foreign passport. The government issues a PIO Card to a Person of Indian Origin after verification of his or her origin or ancestry and this card entitles a PIO to enter India without a visa. Spouse of a PIO can also be issued a PIO card though the spouse might not be a PIO. This latter category includes foreign spouses of Indian nationals, regardless of ethnic origin, as long as they were not born in, or ever nationals of, the aforementioned prohibited countries. PIO Cards exempt holders from many restrictions that apply to foreign nationals, such as visa and work permit requirements, along with certain other economic limitations. PIOs can acquire non-agricultural and plantation property in India; can admit children to all educational institutes in India under NRI quota and can apply for various housing schemes of LIC, state governments and other government agencies. They are also exempted from registration at Foreigners Registration office at District Headquarters if stay in India does not exceed 180 days.

The PIO card can be withdrawn under following circumstances:

a) the PIO card was obtained through fraud, concealment of facts or false representation;

b) the activities of the card holder in India do not conform to the laws of the country and the Indian Constitution;

c) the card holder happens to be citizen of a country with which India is at war, or is supporting another country in acts of aggression against India;

d) the PIO has been found guilty of acts of terrorism, smuggling of arms and ammunition and narcotics;

e) has been sentenced in India up to one year's imprisonment or fined up to Rs.10,000;

f) the card holder's presence in India is detrimental to the interests of the country.

Overseas Citizenship of India (OCI) is provided to a foreign national, who was eligible to become a citizen of India on 26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947. His/her children and grand children are also eligible for registration as an Overseas Citizen of India (OCI). Minor children of such person are also eligible for OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.

Following benefits will be given to an OCI:

(a) Multi-purpose, multiple entry, lifelong visa for visiting India.

(b) Exemption from registration with local police authority for any length of stay in India.

(c) Parity with NRIs in respect of economic, financial and education fields except in matters relating to the acquisition of agricultural/plantation properties.

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Extract from the Citizenship Act, 1955

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