Citizenship & Right of Citizens of India
Summary
TLDRThe video script discusses the concept of citizenship in India, detailing its legal and social implications. It explains the historical context post-independence, the constitutional provisions (Articles 5 to 11), and the Citizenship Act of 1955, which outlines ways to acquire and lose citizenship. The script also differentiates between nationality, citizenship, overseas citizenship, and non-resident citizenship, emphasizing the rights and obligations of Indian citizens.
Takeaways
- ποΈ Citizenship is a legal and social status defining an individual's membership in a nation, including rights and responsibilities.
- π After India's independence, the Indian Constitution (Articles 5 to 11) outlined the rules for citizenship without defining the term.
- π Citizenship at the commencement of the Constitution (26th January 1950) was given to those domiciled in India or born there, or with parents born in India.
- π« Post-independence, people migrating to Pakistan and then returning to India, and those of Indian origin residing outside India, had specific citizenship provisions.
- πΆ Birth on Indian soil before 1st July 1987 led to citizenship, irrespective of parents' nationality, but later laws required at least one parent to be Indian.
- π Descent citizenship rules changed over time, with post-1992 regulations requiring the father to be an Indian citizen for a child born outside India to be a citizen.
- π Registration and naturalization are ways to acquire Indian citizenship, with specific criteria like residency and good character.
- ποΈ Territories incorporated into India after independence automatically granted citizenship to their residents.
- π‘ Loss of Indian citizenship can occur through renunciation, acquiring another nationality, or government deprivation for reasons like fraud or disloyalty.
- π₯ Rights of Indian citizens include freedom from discrimination, equality in public employment, and cultural and educational rights, among others.
- π Dual citizenship is not permitted in India; one must relinquish their original citizenship to gain Indian citizenship.
- π Overseas Citizenship of India (OCI) was introduced as an alternative to dual citizenship, offering certain rights to people of Indian origin living abroad.
- π Nationality is a sociological concept based on ethnicity and race, while citizenship is a legal status granting rights and can be changed or revoked.
Q & A
What is the significance of citizenship in modern societies?
-Citizenship is a legal and social status defining an individual's membership in a specific nation or political entity. It encompasses rights and responsibilities, shaping the relationship between individuals and communities, and plays a crucial role in political participation, social integration, and identity.
When was the Indian independence act introduced, and what was its purpose?
-The Indian Independence Act was introduced on 3rd June 1947. Its purpose was to divide British India into two nations, India and Pakistan.
How does the Constitution of India define citizenship?
-The Constitution of India does not explicitly define the term 'citizenship'. However, it outlines the relationship of an individual with the nation-state and the status of a person recognized under law as a legal member of a sovereign state or belonging to a nation.
What are the three terms used in the Indian Constitution to refer to people of India?
-The three terms used in the Indian Constitution to refer to people of India are 'person', 'citizen', and 'minorities'. These terms are used to specify who is eligible for certain rights under the Constitution.
What are the articles in the Indian Constitution that deal with citizenship?
-Articles 5 to 11 of the Indian Constitution deal with the concept of citizenship, covering various aspects such as citizenship at the commencement of the Constitution, citizenship of certain migrants, and people of Indian origin residing outside India.
What changes were made to the citizenship rules in India after July 1, 1987?
-After July 1, 1987, a person born in India would only be considered an Indian citizen if either of their parents was born in India, addressing issues with automatic citizenship for children of refugees and illegal immigrants.
What are the five ways to acquire citizenship of India as per the Citizenship Act, 1955?
-The five ways to acquire citizenship of India as per the Citizenship Act, 1955 are birth, descent, registration, naturalization, and incorporation of territory.
What are the conditions for acquiring Indian citizenship by naturalization?
-To acquire Indian citizenship by naturalization, one must not be a subject or citizen of a country that prevents citizens of India from becoming subjects or citizens by naturalization, undertake to renounce their current citizenship if their application is accepted, have resided in India or been in the service of the government for specific periods, be of good character, and have adequate knowledge of the Constitution.
How does the Citizenship Act, 1955, address the loss of citizenship?
-The Citizenship Act, 1955, provides for the termination of citizenship through renunciation, termination, and deprivation. Renunciation is voluntary, termination occurs when a person acquires citizenship of another country, and deprivation is compulsory, such as obtaining citizenship by fraud or showing disloyalty to the Constitution.
What are the rights granted solely to Indian citizens?
-The rights granted solely to Indian citizens include the right against discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15), the right to equality of opportunity in public employment (Article 16), the right to freedom of speech and expression, assembly, association, movement, residence, and profession (Article 19), cultural and educational rights (Articles 29 and 30), the right to vote and contest in elections, and eligibility to hold certain public offices.
What is the difference between dual citizenship, overseas citizenship, and non-resident citizenship in India?
-Dual citizenship allows a person to hold citizenship of two countries simultaneously, which is not permitted in India. Overseas Citizenship of India (OCI) is a status allowing certain rights to eligible persons living abroad, while non-resident citizenship refers to Indian citizens living outside India who retain all the rights of ordinary citizens.
Outlines
ποΈ Citizenship and Rights of Indian Citizens
This paragraph introduces the concept of citizenship as a legal and social status that defines an individual's membership in a nation or political entity. It discusses the historical context of Indian independence and the division of British India into India and Pakistan. The Constitution of India does not explicitly define citizenship, but it is understood as the relationship between an individual and the nation-state. Articles 5 to 11 of the Indian Constitution deal with citizenship, outlining the criteria for being a citizen. The paragraph also explains the different terms used in the Constitution to refer to people in India: 'person', 'citizen', and 'minorities', each with specific rights and protections.
π Detailed Breakdown of Indian Citizenship Laws
This section delves into the specifics of the Citizenship Act of 1955, which provides various ways to acquire Indian citizenship: by birth, descent, registration, naturalization, and incorporation of territory. It outlines the changes in the law over time, particularly focusing on the conditions under which individuals born in India after certain dates can become citizens. The paragraph also discusses the process of registration for citizenship and the requirements for naturalization, including residency, character, and language proficiency. It concludes with a mention of the automatic citizenship granted to residents of territories that become part of India.
π’ Rights and Obligations of Indian Citizens
This paragraph discusses the rights granted exclusively to Indian citizens by the Constitution of India, such as the right against discrimination, equality of opportunity in public employment, freedom of speech and expression, cultural and educational rights, and the right to vote and contest in elections. It also mentions the obligations of citizens, including paying taxes, respecting the national symbols, and defending the country. The paragraph highlights that while citizenship confers rights, it also comes with responsibilities.
π Dual Citizenship, Overseas Citizenship, and Non-Resident Citizenship
This section clarifies that India does not permit dual citizenship, which is the holding of citizenship by two different nations simultaneously. It explains the concept of overseas citizenship introduced in response to demands for dual citizenship, allowing certain categories of people to live and work in India indefinitely. The paragraph differentiates between nationality, citizenship, overseas citizenship, and non-resident citizenship, explaining that while nationality is a sociological concept based on ethnic and racial groups, citizenship is a legal status granted by a government and can be changed or revoked. Overseas citizenship is a unique concept for certain individuals with historical ties to India, and non-resident citizenship applies to Indian citizens living abroad who retain all the rights of ordinary citizens.
π The Importance of Citizenship in Modern Society
The final paragraph emphasizes the dynamic and foundational nature of citizenship, which goes beyond legal status to include a sense of identity, belonging, and shared responsibility. It highlights the benefits and protections that Indian citizens receive under the Constitution and the importance of defining citizenship. The paragraph also touches on the potential for citizenship to be revoked and the power given to the Parliament to make laws regarding citizenship. It concludes by stating that a nuanced understanding of citizenship is crucial for navigating contemporary social, political, and economic landscapes and fostering a sense of community and participation in society.
Mindmap
Keywords
π‘Citizenship
π‘Constitution of India
π‘Citizenship Act, 1955
π‘Dual Citizenship
π‘Overseas Citizenship of India (OCI)
π‘Renunciation
π‘Naturalization
π‘Minorities
π‘Citizenship Rights
π‘Nationality
π‘Non-Resident Citizenship
Highlights
Citizenship is a legal and social status defining an individual's membership in a nation or political entity.
Citizenship shapes the relationship between individuals and the communities they belong to.
Understanding citizenship dynamics is essential for comprehending rights, duties, and shared connections within a geopolitical context.
The Constitution of India does not define the term citizenship.
Citizenship in India is governed by Articles 5 to 11 of the Constitution.
Citizenship Act, 1955 provides five ways to acquire Indian citizenship: birth, descent, registration, naturalization, and incorporation of territory.
Birth in India before July 1, 1987, irrespective of parents' nationality, conferred Indian citizenship.
Amendments to citizenship by birth require at least one parent to be an Indian citizen or not an illegal immigrant.
Citizenship by descent is determined by the father's citizenship at the time of birth.
Registration as a citizen is possible for persons of Indian origin or those married to Indian citizens.
Naturalization requires a 12-month residency in India and a total of 11 years in the past 14 years.
Citizenship can be lost through renunciation, termination, or deprivation.
Dual citizenship is not permitted in India; one must relinquish their original citizenship to gain Indian citizenship.
Overseas Citizenship of India (OCI) is a concept introduced in 2005 for persons of Indian origin living abroad.
Nationality is a sociological concept determined by ethnicity and race, while citizenship is a legal status granted by a government.
Citizenship grants rights and duties, shaping the relationship between individuals and their communities.
Citizenship is foundational to modern societies, encapsulating identity, belonging, and shared responsibility.
Citizenship discussions continue to evolve, encompassing global diversity and the rights of various groups.
Transcripts
[Music]
my name is Son and I'm an assistant
professor of law at Christ Dean tuby
University Pune laasa campus so today's
topic of discussion is citizenship and
rights of citizens of India citizenship
is a legal and social status that
defines an individual's membership in a
specific Nation or political entity it
encompasses both rights and
responsibilities shaping the relation
ship between individuals and the
communities to which they belong rooted
in concepts of identity and belonging
citizenship plays a crucial role in
modern societies influencing everything
from political participation to social
integration understanding the Dynamics
of citizenship is essential for
comprehending the rights duties and
shared connections that binds
individuals within a particular
geopolitical
context after 3rd June 1947 when Lord
mount baton announced his intention to
scrap the cabinet Mission plan and
introduced Indian independence act
1947 it was decided that British India
will be divided into two Nations India
and Pakistan the constitution of India
does not define the term citizenship
citizenship is the relationship of an
individual with the nation state
citizenship is the status of a person
recognized under law as being a legal
member of a sovereign state or belonging
to a nation in India articles 5 to 11 of
the Constitution deals with the concept
of citizenship the term citizenship
entails the enjoyment of full membership
of any state in which a citizen has
civil and political rights whenever we
discuss about population of our country
or about people of India in our
constitution we use these three terms
first person second citizens and third
minorities these three terms in
reference to people of India are used in
our constitution first person all basic
rights such as right to equality right
to life Etc are given to all persons in
India under part three of the Indian
constitution second citizenship right
against discrimination was given only to
the citizens
such as Article 15 article 16 and
Article 19 Etc third minorities some
specific rights which are defined in
article 29 and article 30 are given only
to minorities in India in addition to
other rights under article 14 and
Article 15 constitutional Provisions
that deal with citizenship are given
under part two of the Indian
constitution The Following part carries
six articles starting from from Article
5 to article 11 Article 5 states that
citizenship at the commencement of the
Constitution this article talks about
citizenship for people at the
commencement of the Constitution that is
26th January 1950 under this citizenship
is conferred upon those persons who have
their domicile in Indian Territory and
who was born in Indian Territory or
whose either parent was born in Indian
Territory or who has ordinarily being a
resident of India for not less than 5
years immediately preceding the
commencement of the
Constitution Article 6 states that
citizenship of certain persons who have
migrated from Pakistan any person who
has migrated from Pakistan shall be a
citizen of India at the time of the
commencement of the Constitution if he
or either of his parents or any of his
grandparents were born in India as given
in the government of India Act of
1935 and in case such a person has
migrated before July 19th
1948 and has been ordinarily resident in
India since his migration or in case
such a person has migrated after July
19th 1948 and he has been registered as
a citizen of India by any officer
appointed in that behalf by the
government of of the Dominion of India
or on an application made by him thereof
to such an officer before the
commencement of the Constitution
provided that no person shall be so
registered unless he has been resident
in India for at least 6 months
immediately preceding the date of his
application section 7 states that
citizenship of certain migrants to
Pakistan this article deals with with
the rights of people who have migrated
to Pakistan after March 1st
1947 but subsequently returned to India
article 8 states that citizenship of
certain persons of Indian origin
residing outside India this article
deals with the rights of people of
Indian origin residing outside India for
purposes of employment marriage and
education article 9 talks about
people voluntary acquiring citizenship
of a foreign country will not be
citizens of India article 10 talks about
any person who is considered to be a
citizen of India under any of the
provisions of this part shall continue
to be citizens and will also be subject
to any law made by the
parliament article 11 states that
Parliament to regulate the right of
citizenship by law the parliament has
the right to make any provision
concerning the acquisition and
termination of citizenship and any other
matter relating to citizenship now I'll
be talking about accusation of
citizenship under the citizenship act
1955 the citizenship act provides five
ways to acquire citizenship of India
these are birth descent registration
naturalization and incorporation of
territory birth section 3 any person
born in India from the commencement of
the Constitution that is 26th January
1950 will be considered as an Indian
citizen till the date of 1st July
1987 irrespective of their nationality
of their parents before 1st July 1987 it
was observed even the children of
refugees and illegal immigrants from
neighboring countries who came to India
were automatically given the Indian
citizenship ship which had become a huge
problem and hence few changes were made
stating that any person who is born in
India after 1st July 1987 till 3rd
December 2003 will get this Indian
citizenship if either of his or her
parents are born in India the problems
again could not be solved so a new
Amendment took place which stated that
anyone who is born after 3rd December
2003 will get the citizenship of India
only when first both of his or her
parents are born in India second or
either of the parents is Indian but the
other one is not an illegal immigrant
third however the children of a foreign
Diplomat posted in India and enemy
aliens cannot acquire citizenship by
birth in India descent section 4 any
person born outside India after the
commencement of the Constitution but
before 10th December 1992 will be
considered as an Indian citizen if his
father was an Indian citizen at the time
of birth a person born on or after 10
December 1992 till 3rd December 2003
will be considered as Indian citizen if
either of his parents were an Indian
citizen at the time of his birth from
3rd December 2004 onwards a person would
not be considered as an Indian citizen
unless his birth is registered with
Indian counselor or Diplomat of that
country or with the permission of the
government registration section five the
central government May on an application
register as a citizen of India any
person not being an illegal immigrant if
he belongs to any of the following
categories namely first a person of
Indian origin
who is ordinarily resident in India for
7 years before making an application for
registration second a person of Indian
origin who is ordinarily resident in any
country or place outside undivided India
third a person who is married to a
citizen of India and is ordinarily
resident in India for 7 years before
making an application for registration
fourth minor children of persons who are
citizens of India fifth a person of full
age and capacity whose parents are
registered as citizens of India sixth a
person of full age and capacity who or
either of his parents was an earlier
citizen of Independent India and is
ordinarily resident in India for 12
months immediately before making an
appli application for
registration seventh a person of full
age and capacity who has been registered
as an overseas citizen of India card
holder for 5 years and who is ordinarily
resident in India for 12 months before
making an application for registration
section six naturalization the central
government May on an application Grant a
certificate of naturalization to any
person not being an illegal immigrant if
he possesses the following
qualifications first he is not a subject
or citizen of any country where citizens
of India are prevented from becoming
subjects or citizens of that country by
naturalization second he is a citizen of
any country he undertakes to renounce
the citizenship of that country in the
event of his application for Indian
citizenship being accepted third he has
either resided in India or has been in
the service of the government in India
or partly the one and partly the other
throughout the period of 12 months
immediately preceding the date of
application fourth during the 14 years
immediately preceding the set period of
12 months he has either resided in India
or been in the service of the government
in India or partly the one and partly
the other for periods amounting in the
aggregate to not less than 11 years
fifth he is of good character sixth he
has Advocate knowledge of the language
specified in the AG scheduled of the
Constitution seventh that in this event
the certificate of naturalization can be
granted to him if he intends to reside
in India or enter into or continue in
service under a government in India or
under any international organization of
which India is a member or under a
society
company or body of persons established
in India section seven by incorporation
of territory when any territory outside
India becomes part of India then their
citizen automatically becomes the
citizen of India from the notified date
example when Goa and pondicherry became
part of India the citizens automatically
acquired the citizenship of India loss
of citizenship the citizenship Act 1955
provides for three ways for the
termination of citizenship these three
ways are renunciation termination and
deprivation first by renunciation
Section 8 any person with majority and
capacity can declare to renounce his
citizenship upon such registration of
request the person shall cease to be a
citizen of India second by termination
section 9 when a person has acquired
citizenship of any other countes Indian
citizenship will forfeit automatically
third by deprivation section 10 it is
compulsory termination of Indian
citizenship by the central government if
citizens have obtained citizenship by
fraud second citizens have shown
disloyalty to the constitution of India
third citizens have unlawfully traded or
communicated with the enemy during a war
the citizen has within 5 years after
registration or naturalization been impr
presentent in any country for 2 years
and citizen has been ordinarily resident
out of India for 7 years continuously
rights of citizens the constitution of
India grants some rights solely to
Indian citizens and are equally denied
to foreign Nations the following rights
are Article 15 right against
discrimination on grounds of religion
race cast sex or place of birth article
16 right to equality of opportunity in
the matter of public employment article
19 right to freedom of speech and
expression assembly Association movement
resident and profession article 29 and
article 30 cultural and educational
rights right to vote in elections to the
Lo saaba and State Legislative Assembly
sixth right to contest for the
membership of the parliament and the
state
legislature seventh eligibility to hold
certain public offices that is President
of India vice president of India judges
of the Supreme Court and high courts
governor of States Attorney General of
India and Advocate General of States
eighth these are the rights that are
available to Indian citizens but owing
to this there are some obligations on
the citizens also these are things like
paying taxes to the government on time
respecting the national flag and things
in the national emblem and defending the
country when required to do so so now my
question is is dual citizenship
permitted in India dual citizenship
stands for acquiring citizenship of two
different nations at the same time there
are some countries in the world which
provide for this but unfortunately India
is not one of of them India provides for
single citizenship implying one has to
leave his original citizenship to gain
Indian citizenship or to acquire
citizenship of any other Nation one has
to terminate Indian citizenship or it
will be automatically
terminated the rational behind not
providing dual citizenship is that
single citizenship is considered as a
commitment to the nation and with dual
citizenship all the faith and loyalty
vanishes away
in USA each person is not only a citizen
of USA but also of the particular state
to which he belongs thus he she owes it
commitment to both and enjoys dual sets
of Rights one set is conferred by the
national government and another by the
state government thus this system
creates the problem who are overseas
citizens overseas citizenship was
introduced in in response to dual
citizenship in 2005 it grants overseas
citizens to work and live in India
indefinitely the following persons are
considered for overseas citizenship
first a person who was a citizen of
India at the time or at any time after
the commencement of the Constitution
that is 26th January 1950 second a
person who was eligible to become a
citizen of India on 26th January 1950
third a person who belonged to a
territory that became part of India
after 15th August
1947 fourth a person who is a child or a
grandchild or great grandchild of such a
citizen fifth a person who is a minor
child of such person's mentioned above
sixth a person who is a minor child and
whose parents are citizens of India and
one of the parents is a citizen of India
seventh spouse of foreign origin of a
citizen of India or spouse of a foreign
origin of an overseas citizen of an
Indian card holder registered under
Section 7A of the citizenship act
1955 eighth whose marriage has been
registered and subsisted for a
continuous period for not less than 2
years immediately preceding the
presentation of the
application now what is the difference
between nationality citizenship overseas
citizenship and nonresident citizenship
nationality is the status of belonging
to a particular Nation the nationality
of the person is determined from where
he belongs it is more of a sociological
concept determined by ethnic and racial
groups and it can never be taken away
from a person and forms a person's
identity there is no relation of
nationality with the rights confer to
the person citizenship is more of a
legal concept and is granted by the
government of that Nation unlike
nationality it can be changed or taken
away from a person the person is given
rights by its own government by the
virtue of citizenship while a person can
belong to one nationality but he can
acquire citizenship of several Nations
at the same time there are the persons
who have some exclusive rights that can
be enjoyed by them and these are their
privileges owing to the citizens of that
Nation overseas citizenship is in
replacement of dual citizenship and is a
unique concept to India and unlike dual
citizenship it is available to only
certain category of people who had
earlier relationship into India or their
parents or
grandparents these are the rights
available to overseas citizens but they
are not as exclusive as they are to
ordinary citizens non-resident
citizenship is given to the people who
are Indian citizens but owing to some
work or other reasons these people are
not living in India but these people
have all rights that resides with the
ordinary citizen of India I would like
to conclude by saying citizenship stands
as a dynamic and foundational concept
that forms the Bedrock of modern
societies it goes beyond a mere legal
status encapsulating a sense of identity
belonging and shared responsibility
among individuals within a specific
Nation or political entity it is
important to Define citizenship because
the people who are citizens of India
will get many benefits and protections
under various articles of our con
Constitution the citizens of a country
are full potential members of a state
whose permanent devotion is to the state
they also enjoy various rights a person
can be given citizenship but his or her
citizenship can be revoked too the
constitution of India has given power to
Parliament to make laws regarding
citizenship under article 11 citizenship
grants both rights and duties
shaping the intricate relationship
between the individuals and their
communities AS Global Dynamics evolve
discussions around citizenship continue
to expand encompassing issues of global
diversity and the rights of various
groups ultimately a nuanced
understanding of citizenship is crucial
for navigating the complexities of
contemporary social political and
economic Landscapes fostering a sense of
community and contributing to the fabric
of a coercive and participatory Society
thank you
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