Law Notes 16mrks

Close
16mrks

About Us

Law Notes 16mrks

This Website and 16mrks App has been developed for law students as reading law books and making notes from them in law school is a cumbersome process. 16mrks helps solve this problem. Law notes are based on questions asked for 16 marks for BSL / BA LLB Course and LLM Course. These notes can also be referred for Civil Competitive Exams i.e. UPSC and MPSC .

Please take note that all topics might not be covered. New topics will be added over updates.

Frequently asked questions are covered.

Courses:

1. BSL / BA LLB

2. LLB

3. JMFC / UPSC / MPSC

Reference books : As suggested by the University of Pune in their syllabus.

Please contact us at 16mrks@gmail.com and share your notes with us to help other students!


  • Get it on Google Play

Search

Categories

Submitted by Aadesh Agarkar

Introduction

CONSTITUTIONAL PROVISIONS

CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION.

1)citizenship by domicile Article 5

2)citizenship of emigrants from Pakistan Article 6

3)citizenship of migrants to Pakistan Article 7

4)citizenship of Indian abroad Article 8

TERMINATION OF CITIZENSHIP

CITIZENSHIP ACT 1955

INTRODUCTION

The population of the state is divided into 2 class -citizen and aliens. A citizen of a state who enjoys full civil and political rights. Part 2 of the Indian Constitution under article 5 to 11 deals with the law relating to citizenship at the commencement of the constitution i.e on 26th Jan 1950. This provision was enacted keeping in view the partition of the country in 1947.

CONSTITUTIONAL PROVISIONS

Part 2 of the Indian Constitution describe classes of person who would be deemed to be citizens of India at the commencement of the Constitution on 26th Jan 1950 and leaves the entire law of the citizen to be regulated by law of the parliament. Article 11 confers power to parliament to enact law relating to this matter. In exercise of its power, the parliament has enacted the Indian Citizenship act 1955. This act deals with acquisition and termination of the citizenship subsequent to the commencement of the constitution.

CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION.

The following persons under Article 5 to 8 of the constitution of India shall become citizens of India at the commencement.
1)citizenship by domicile - Article 5
2)citizenship of emigrants from pakistan - Article 6
3)citizenship of migrants to Pakistan - Article 7
4)citizenship of Indian abroad Article - 8

1)citizenship by domicile Article 5 -

According to this Article 5 a person is entitled to citizenship by domicile if he fulfills the following two conditions
a)he must, at the commencement of the Constitution, have his domicile in the territory if India.
b)such person must fulfill one of the three conditions-
1)he was born in India
2)either of his parent was born in India
3)he must have been ordinary resident in the territory of India for not less than 5 years immediately before the commencement of the constitution.

Domicile in India is considered an essential requirement for acquiring the status of Indian citizenship. Domicile of a person is in that country in which he is either has or is deemed by law to have his permanent house. It must be accompanied by the intention to make it his permanent house. There are 2 main class of Domicile-
1)domicile of origin
2)domicile of class While the former is attach to the individual by birth and the latter is acquired by resident in territory subject to distinct legal system with the intention to reside permanently.

In PRADEEP JAIN V. UNION OF INDIA The Supreme court only recognizes one domicile viz., the domicile of India. When a person who is permanently resident in one state goes to another state with the intention to reside there permanently, his domicile does not change and he does not acquire a new domicile of choice.

Two main elements are necessary for the existence of the domicile-
1)A residence of particular kind.
2)An intention of particular kind.

In LOUIS DE RAEDT V. UNION OF INDIA
The petitioner who was a foreign challenged the order of central government expelling them from India on their failure to acquire Indian citizenship. They were staying in India for more than 5 years on the basis of passport and residential permit. They argued that they were staying for more than 5 years and hence become citizen of India under Article 5(c) of the constitution. The contention was rejected by Supreme court and held that they fail to establish the intention to reside permanently. The petitioner did not have domicile in India.

2)citizenship of migrants from Pakistan Article 6

A person migrated from Pakistan has been classified into two categories-
1)Those who came to India before July 19, 1948
2)Those who came to India on or after July 19, 1948

A person migrated from Pakistan is deemed to be a citizen of India at the commencement of constitution if he or either of his parents or any of his grandparents were born in India as defined in the Government of India Act, 1935. And in addition, to above conditions which applies to both cases fulfills one of the following two conditions-
1)In case of he migrated before 19 July 1948, he has been ordinarily residing in India since the date of migration.
2)In case, he migrated on or after 19 July 1948 he has been registered as a citizen of India by an office appointed by Govt of India for the purpose. Provided that no person shall be registered unless he has been residing in India for 6 months immediate before the date of application for registration.

3)Citizenship of migrants to Pakistan Article 7

Under Article 7 a citizen by domicile (Article 5) and migration (Article 6) cease to be citizen if he has migrated to Pakistan after 1st march 1947. An exception is however made in favour of a person who has returned to India on the basis of permit or resettlement in India. Such person is entitled to become a citizen of India if he fulfills other conditions necessary for immigration from Pakistan after July 19, 1948 under Article 6. Thus, Article 7 overrides Article 5 and 6. Both Article 6 and 7 use the term migrated. The meaning of the term migrated came for consideration before the Supreme court in the case of KULATHI V. STATE OF KERALA The term migrated used in Article 6 and 7 has to be construed with reference to the context and purpose and the prevailing political conditions at the time of commencement of Constitution. The term is interpreted as voluntarily going from India to Pakistan permanently or temporarily and such movement was not for short visit or for a special purpose.

In BHANWARAOO KHAN V. UNION OF INDIA

The Supreme court has held that those who have voluntarily migrated to Pakistan and became a citizen of Pakistan cannot claim citizenship of India on the ground that they have been living in India for a long time and their names have been included in the voter list. In this case, a lady Bhanwaroo Khan had claimed the Indian citizenship on the ground that she had return to India after 1955 and had been living there since.

4)Citizenship of Indian abroad Article 8

Person
1) who was born in India
2)either of his parent was born in India or,
3)any of whose grandparents was born India before Independence, but who is residing in another country outside India or Pakistan may register himself as a citizen of India with diplomatic or consular a representative of India in the country of residence.

TERMINATION OF CITIZENSHIP

Article 9 provides that if a person voluntarily acquires citizenship of another country he shall not be able to claim citizenship of India under Article 5,6 and 8.It only deals with voluntary acquisition of citizenship of foreign state before the constitution came into force. The case of voluntary acquisition of citizenship of foreign citizenship before the commencement of the constitution will have to be dealt with government of India under the Citizenship Act, 1955.

CITIZENSHIP ACT, 1955

Parliament in exercise of the power given to it under Article 11 of the Constitution has passed the Citizenship Act, 1955 making provision of acquisitions and termination of citizenship after the commencement of the Constitution. The act provides for the acquisition of Indian citizenship in 5 ways-
1)birth
2)descent
3)registration
4)naturalization
5)incorporation of territories

1)Birth- A person born in India on or after 26 Jan 1950 is a citizen of India by birth except when-
a)His father possesses diplomatic immunity and is not an India citizen or
b)His father is enemy alien and he is born at the place under enemy occupation.

2)Descent- A person born outside India on or after 26 January 1951 is citizen of India by descent, if at the time of his birth his father is an Indian citizen-
a)when his birth is registered at any Indian consulate
b)his father at the time of his birth is on service under Govt of India.
c)similarly, any person outside the territory of Undivided India and who was or deemed to be citizen of India at the commencement of the Constitution, is also considered as Indian citizen by decent only.

3)Registration- The prescribed authority may on application register a citizen of India if he belongs to any of the following categories-
a) a person of Indian origin who is ordinarily resident of India for 7 years before making an application for registration.
b)Person of Indian origin who is ordinarily resident in any country or place outside undivided India.
c)a person who is married to Citizen of India and is ordinarily resident in India for 7 years before making an application for registration.
d)minor children of person who are citizen of India

4)naturalization -The qualification for naturalization are as follows-
a)He must not be a citizen of a country where Indian citizen are prevented from becoming citizen by naturalization.
b)He has renounced the citizenship of another country.
c)He must take an oath of allegiance.
d)He must be of good character.
e)He must have adequate knowledge of language recognized by constitution.

5)Incorporation of Territories- If any new territory becomes a part of India the Govt of India shall specify the persons of the territory to be citizen of India.

Submitted by Aadesh Agarkar

!

  • Get it on Google Play

Copyright © 2018 Law Notes 16mrks. All Rights Reserved.