20/08/2020
1. Constitution deals with the issue of citizenship in Part 2 i.e. articles 5 to 11.
2. Instead of giving elaborate provisions, the constitution only identifies the following four categories of persons who became Indian citizens at the time of the enactment of constitution (i.e. on 26 Jan 1950):
a) (article #5) fulfilling any one of the following three conditions:
- born in India
- parents born in India
- living for last 5 years in India
b (article #6) (who or whose parents or grandparents were born in undivided India) fulfilling any one of the following two conditions:
- migrated before 19 July 1958 (day on which permit system were introduced) : he had been ordinarily resident in India since the date of his migration
- migrated after 19 July 1958: he had been registered as a citizen of India. But, a person could be so registered only if he had been resident in India for six months preceding the date of his application for registration
c) (article #7) : he had to be resident in India for six months preceding the date of his application for registration
d) (article #8) Person who, or any of whose parents or grandparents, was born in undivided India but who is ordinarily India shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence, whether before or after the commencement of the Constitution.
3. No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state (article #9)
4. Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament.(article #10)
5. Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. (article #11)