UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.A., LL.B. (HONS.)

SEMESTER III

ACADEMIC YEAR: 2020-21 SESSION: AUG-DEC, 2020

PROJECT
FOR
CONSTITUTION

SUBMITTED TO: Ishita ma’am

(TO BE FILLED BY THE STUDENT)
NAME: ANKIT GUPTA

ROLL NO: R450219209

SAPP NO- 500077346

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 PREFACE

I feel the incredible delight in introducing this project entitled "Citizenship Act
1955”. Under this project I trust that teacher will discover the paper intriguing
and useful and the paper in its current structure will be gotten by all. The project
report contains the detail data, with the portrayal in the setting organized.

I would enormously recognize to keep this paper error free.

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 ACKNOWLEDGEMENT

On completion of this project I would like to express my sincere gratitude to our

supervisor, Miss. Ishita Sharma, for providing me this opportunity to do this
project on judicial review post and pre Constitutional laws.
I really thank Ishita ma'am for her guidance, clearing doubts and encouragement
carrying out this project. I also wish to express my gratitude to my batch mates
and family for helping me to finish this project work within the limited time
frame.

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Contents

What is a citizenship?............................................................................................................................3
Citizenship in India................................................................................................................................3
The Constitution of India, 1950, Article 5.............................................................................................4
The Constitution of India, 1950, Article 6.............................................................................................6
The Constitution of India, 1950, Article 7.............................................................................................6
The Constitution of India, 1950, Art. 8, 9, 10........................................................................................7
The Constitution of India, 1950, Art. 11................................................................................................7
Citizenship under the Citizenship Act, 1955..........................................................................................7
Overseas Citizenship.............................................................................................................................9
Commonwealth Citizens......................................................................................................................11
Dual Citizenship..................................................................................................................................11
Renunciation, Termination and Deprivation of Citizenship.................................................................12
Cessation of Citizenship......................................................................................................................12
Non-Resident Indian’s Voting Rights..................................................................................................12
Is Corporation a Citizen?.....................................................................................................................13

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 Citizenship Act 1955

What is a citizenship?

A citizen enjoys fundamental rights including right to work, right to vote, right to return, etc.
in his or her country.

 At the same time, the citizen is also bound to observe duties of citizenship.
 It reflects that the right to citizenship is not an absolute one, and the legislature may
impose reasonable restrictions on the enjoyment of one’s citizenship.
 The Indian Constitutional Provisions relating to the subject of ‘citizenship’ have been
discussed in the detailed manner. Rights of the Indian citizens, Non-Resident Indians,
and Overseas Indians have also been analyzed and it has focused on the issue that
how Indian citizens enjoy more rights than non-resident or overseas Indians.
Currently, despite the fact of its federal structure, India does not provide dual
citizenship. There is only single citizenship i.e. the Indian citizenship.
 The Indian Constitution does not define citizenship. It describes classes of person,
who became automatically the citizens of India at the time of the commencement of
the Constitution.

Citizenship in India

The matter of citizenship was discussed in detail at the time of the making of the Indian
Constitution. The Constitution makers considered the willingness and unwillingness of all
people regarding their stay in India. It was strictly determined whether they want to settle
permanently in India or not. However, Dr. B.R. Ambedkar recommended that the Parliament
should make a law over the matter of citizenship. But he further emphasized on one of the
fact that such law should not be permanent.

Currently, despite the fact of its federal structure, India does not provide dual citizenship.
There is only single citizenship i.e. the Indian citizenship. The Indian Constitution does not
define citizenship. It describes classes of person, who became automatically the citizens of
India at the time of the commencement of the Constitution. It is the Parliament who has an

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authority to make law on citizenship. In exercise of its power the Parliament has enacted the
Indian Citizenship Act, 1955.

In India, the citizenship can be acquired through various ways like citizenship by birth,
citizenship by domicile, citizenship by migration, citizenship by registration, being son or
daughter of parent/s of Indian Origin, citizenship by marriage, etc.

According to Articles 5 to 11 in the Constitution lay down as to who are the citizens of India
at the commencement of the Constitution, i.e. on 26 January 1950. These citizens have been
classified into:

(1) Citizens by domicile

(2) Citizens by migration, and

(3) Citizens by registration

The Constitution of India, 1950, Article 5

Under Article 5, every person having domicile in India at the commencement of the
Constitution, and fulfilling any of the following conditions, is a citizen of India, viz:

(a) He was born in India;

(b) Either of whose parents was born in India;

(c) Who has been ordinarily resident in India for not less than five years immediately
preceding the commencement of the Constitution.

The term 'domicile' is not defined in the Constitution. Domicile is a complex legal concept
the area of the Conflict of Laws1. Article 5 draws a distinction between 'domicile' and
residence for neither 'domicile' nor mere 'residence' is sufficient to make a person an Indian
citizen. Domicile and five years' residence are necessary to make a person a citizen.

The basic idea of 'domicile' is permanent home. A person's domicile is the country which is
considered by law to be his permanent home. Residence in the country, and the intention to
1
The Indian Succession Act 1925

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make it his home are necessary to constitute a domicile. The residence in a place by itself is
not sufficient to constitute it his domicile. It must be accompanied by the intention to make it
his permanent home.

As the Supreme Court Bank of India v Ram Narain2, an intention to re- side forever in a
country where one has taken up his residence is an essential constituent element for the
existence of domicile in that country. The Supreme Court has expounded this theme in Lou is
De Raedt v Union of India3

India has one citizenship only and no separate State citizenship. A question has, however,
arisen whether the same is true of domicile; whether there is one Indian domicile only or
there can be a separate State domicile as well.

In Joshi v Madhya Bharat4, a majority of the Supreme Court expressed the view that it was
theoretically possible to have a separate State domicile, because domicile has reference to the
system of law by which a person is governed. Domicile and citizenship are two different
concepts. Article 5 makes this clear because under it domicile alone is not sufficient to confer
citizenship on a person. "When we speak of a person as having a domicile of a particular
country, we mean that in certain matters such as succession, minority and marriage he is
governed by the law of that country." If, therefore, in one country different laws relating to
succession and marriage prevail in different places and areas, then each area having a distinct
set of laws can itself be regarded as a country for the purpose of domicile.

The Representation of the Peoples Act, 1951 initially required "domicile" in the State
concerned for getting elected to the Council of States. This was deleted in 20035.

The Constitution of India, 1950, Article 6

2
Central bank of India v Ram Narain, AIR 1955 SC 36
3
Louis De Raedt v Union Of India AIR 1991 SC 1886, 1889 : (1991) 3 SCC 554
4
Joshi vs Madhya Bharat, AIR 1955 SC 334
5
Kuldip Nayar v UOI, (2006) 7 SCC 1 : AIR 2006 SC 3127

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The Independence of India was accompanied by a large scale migration of people from
Pakistan. As these people belonged to the territory which ceased to be a part of India after the
Independence, they could not be regarded as Indian citizens under Article 5 and, therefore,
special pro visions had to be made for them in the Constitution. Under Article 6, an
immigrant from Pakistan became a citizen of India if he, or either of his parents, or any of his
grandparents, was born in India (as it was prior to the Independence), and, in addition,
fulfilled either of the following two conditions:

(1) In case he migrated to India before July 19, 1948, “he had been ordinarily resident in
India since the date of his migration, or

(2) In case he migrated on or after July 19, 1948, he had been registered as a citizen of India.

A person could be so registered only if he had been resident in India for at least six months
pre ceding the date of his application for registration. The migration envisaged in Article 6
only means coming to India from outside and it must have taken place before, and not after,
the commencement of the Constitution."

The Constitution of India, 1950, Article 7

Rights of citizenship of certain migrants to Pakistan Notwithstanding anything in Articles 5

and 6:

A) person who has after the first day of March, 1947, migrated from the territory of India
to the territory now included in Pakistan shall not be deemed to be a citizen of India:

B) Provided that nothing in this article shall apply to a person who, after having so
migrated to the territory now included in Pakistan, has returned to the territory of
India under a permit for resettlement or permanent return issued by or under the
authority of any law and every such person shall for the purposes of clause (b) of
Article 6 be deemed to have migrated to the territory of India after the nineteenth day
of July 1948.

The Constitution of India, 1950, Art. 8, 9, 10

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Rights of citizenship of specific people of Indian beginning dwelling outside India:

 Article 8 provides for the Rights of citizenship of certain persons of Indian origin
residing outside India.
 Article 9 provides that no person shall be a citizen of India by virtue of
 Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he
has voluntarily acquired the citizenship of any foreign State. It deals only with
voluntary acquisition of citizenship of a foreign state before the Constitution came
into force.
 Under Article 10 Parliament may take away the right of citizenship of any person.

The Constitution of India, 1950, Art. 11.

Parliament to regulate the right of citizenship by law:

Nothing shall derogate from the power of Parliament to make any provision with respect to
the acquisition and termination of citizenship and all other matters relating to citizenship.

Article 11 gives a proper way to the Parliament for making any law relating to Citizenship.
While exercising the authority, the Parliament enacted the Citizenship Act, 1955 for the
acquisition and termination of the citizenship in India.

In this connection, reference may be made to entry 17, List I which runs as “citizenship,
naturalization and aliens". Thus, Parliament has exclusive power to legislate with respect to
"citizen- Also. Article 10 says that a person who is a citizen of India under Articles 5 to 8
shallow, subject to any law made by Parliament, continue to be such citizen. This means that
the law enacted by Parliament can make changes even in Articles 5 to 8.

Citizenship under the Citizenship Act, 1955

The Act provides for acquisition of Indian citizenship after the commencement of the
Constitution, makes necessary provisions for termination and deprivation of citizenship in
certain circumstances and seeks to recognise formally the concept of Commonwealth
citizenship. The Act does not apply to a company, association or body of individuals whether

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incorporated or not. The Act provides for acquisition of Indian citizenship after the
commencement of the Constitution in five ways, i.e.

(a) Birth

(b) Descent

(c) Registration

(d) Naturalisation and

(e) Incorporation of some territory into India.

A) Citizenship by Birth

According to Section 3, person acquires citizenship by birth if he is born on or after 26th

January1950 but before 1st July, 1987. In this case, there is no need to determine the
nationality of his parents. But in case where he born on or after 1st July, 1987 but before
3rdDecember, 2004, it is necessary that either of his parents is a citizen of India at the time of
his birth. After 3rd December, 2004, he acquires citizenship by birth if both the parents are
citizens of India or one of the parents is a citizen of India and the other is not an illegal
migrant at the time of his birth.

An ‘illegal migrant’ means a foreigner who entered India without a valid passport or
documents or remains in India beyond the permitted period of time.

B) Citizenship by Descent

Section 4 of the Citizenship Act, 1955 provides that a person born outside India on or after
26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his
father was a citizen of India by birth at the time of his birth.

A person born outside India on or after 10th December 1992 but before 3rd December, 2004,
is considered to be a citizen of India if either of his parents was a citizen of India by birth at
the time of his birth.

A person born outside India on or after 3rd December, 2004 shall not be a citizen of India,
unless the parents declare that the minor does not hold passport of another country and his

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birth is registered at an Indian consulate within one year of the date of birth or with the
permission of the Central Government, after the expiry of the said period.

C) Citizenship by Registration

Under Section 5 of the Citizenship Act, 1955, a person who has been ordinarily residing in
India for seven years before making the application or who has been ordinarily residing in
any other country outside undivided India, would acquire Indian citizenship by registration.

A person can also register himself or herself as Indian citizen if he or she gets married to an
Indian citizen who has been ordinarily residing India for seven years before making
application. Both minor and major children of Indian citizens could also acquire citizenship
by registration. A registered overseas citizen of India (OCI) for five years and who has been
residing in India for one year before making application, would also get citizenship by
registration.

D) Citizenship by Naturalization

• Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant)

who is ordinarily resident in India for twelve years.

Overseas Citizenship

Who is an Overseas Citizen?

The Government of India, on application, may register any person as an Overseas Citizen of
India, if the person:

• was a citizen of India on 26 January 1950 or at any time thereafter; or

• belonged to a territory that became part of India after 15 August 1947; or

• was eligible to become a citizen of India on 26 January 1950; or

• is a child or a grandchild or a great-grandchild of such a citizen; or

• is a minor child of such persons mentioned above; or

• is a minor child and whose both parents are citizens of India or one of the parents is a
citizen of India; or

• is a spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas

Citizen of India

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Cardholder registered under section 7A of the Citizenship Act, 1955 and whose marriage has
been registered and subsisted for a continuous period of not less than two years immediately
preceding the presentation of the application

• No person, who or either of whose parents or grandparents or great grandparents is or had

been a citizen of

Pakistan or Bangladesh, is eligible for registration as an Overseas Citizen of India. Persons

who served as a member of any foreign military are also ineligible to receive an OCI card.

The Citizenship Amendment Act of 2003, given to procurement of overseas citizenship of

India by persons of Indian inception of 16 determined nations other than Pakistan and
Bangladesh. In 2005, the Act was additionally changed to allow increasingly more overseas
citizenship of India to persons of Indian beginning of all Countries aside from Pakistan and
Bangladesh. By this alteration, the prior prerequisite of time of home in India was
additionally decreased from two years to one year for persons enlisted as overseas residents
of India to secure Indian citizenship.

The Overseas Citizenship of India (OCI) Scheme was presented by altering the Citizenship
Act, 1955 in August 2005. The Scheme was dispatched in 2006. The Scheme accommodates
enrollment as Overseas Citizen of India (OCI) of all Persons of Indian Origin (PIOs) who
were residents of India on 26th January, 1950 or from that point or were qualified to become
residents of India on 26th January, 1950. However, the plan rejects residents of Pakistan and
Bangladesh.

Overseas Citizen of India (OCI) does not mean ‘dual citizenship’. Overseas Citizen of India
(OCI) does not confer any political right on the concerned persons. The registered Overseas
Citizens of India cannot enjoy the same status as that of Indian citizens in case of equal
opportunities in public employment.

E) Incorporation of some territory into India

Section 7 provides for citizenship by incorporation of territory. On any territory becoming a

part of India, the Central Government may notify the persons who shall be citizens of India
by reason of their connection with that territory.

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Commonwealth Citizens

A citizen of a Commonwealth country has the status of a Commonwealth citizen in India.

The Central Government may, by an order notified in the official gazette, make provisions,
on a basis of reciprocity, for the conferment of all or any of the rights of an Indian citizen of a
Commonwealth country

Dual Citizenship

Citizenship Act was twice corrected to accommodate dual citizenship. By the amending Act
of 305 provision was made for securing of overseas citizenship of India by persons of Indian
source of 16 determined nations other than Pakistan and Bangladesh. The 2003 correction
accommodates the way and techniques by which an individual could procure a citizenship of
India and its denial 2005, the Act was additionally changed" to (I) grow the extent of award
of overseas citizenship of India to persons of Indian cause of all nations with the exception of
Pakistan and Bangladesh; and (ii) decrease of living arrangement in India from two years to
one year for persons enlisted as overseas residents of India to gain Indian citizenship. In any
case, this idea is unmistakable from Indian Citizen-n, not just concerning the strategy for
award of citizenship and the advantages subsequent upon enrolment yet in addition with
respect to the dropping of the citizenship.

Section 8 gives that an Indian resident of full age and limit, who is likewise a resident or
national of another nation, can deny his Indian citizenship by making a declaration with that
impact and having it enrolled. Enlistment of such a declaration is retained when made during
a battle in which India might be locked in.

At the point when a male individual revokes his citizenship, each minor offspring of his
likewise stops to be an Indian resident however such a youngster, inside a time of his
achieving full age, may continue Indian citizenship by making a declaration with that impact.

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Renunciation, Termination and Deprivation of Citizenship

Section 8 of the Citizenship Act 1955 gives that a significant and able individual can deny
their Indian citizenship. On renunciation, his minor youngster likewise loses citizenship. In
any case, the minor youngster can continue Indian citizenship subsequent to accomplishing
the period of greater part. Section 9(1) of the Citizenship Act 1955 provides that an Indian
citizen loses his Indian citizenship if he or she acquires the citizenship of another country.

On renunciation or termination, the person has to surrender the Indian passport to authorities
under the Passport Act. Upon failure, person is liable to receive prescribed punishment.
Deprivation of citizenship means compulsory termination of citizenship in India.

Section 10 provides that the Central Government may terminate a person’s citizenship on
certain grounds like the person commits fraud in registration, the person is not loyal towards
the Constitution of India, the person is trading or communicating with enemy when India is at
war, the person’s citizenship is not in favour of public good, etc.

Cessation of Citizenship

Section 9 accommodates end of Indian endless supply of citizenship of another nation which
occasion involves suspension of citizenship of India.

As per Section 9, a resident of India stops to be so on his wilfully getting citizenship of

another nation by naturalization, enrolment or something else. This provision doesn't have
any significant bearing during a battle where India might be locked in. In the event that any
inquiry emerges regarding whether, when or how any individual has procured the citizenship
of another nation, it is to be dictated by such power and in such way as might be endorsed fair
and square.

Non-Resident Indian’s Voting Rights

Parliament has approved voting rights to Non-Resident Indians in elections with the Lok
Sabha adopting the Representation of the People (Amendment) Bill, 2010. However, the
Non-Resident Indian has to be present in the constituency on the date of polling.

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The new law would allow an Indian citizen residing abroad to get himself enrolled in voter’s
list even if he or she was not in India for more than six months because of employment,
education or otherwise.

Is Corporation a Citizen?

The Supreme Court in State Trading Corporation v Commercial Tax Officer, AIR 1963
SC184, held that company or corporation is not a citizen of India and cannot claim
fundamental rights. The court said that citizenship is concerned with natural persons only.
The court said that citizenship cannot be conferred upon the juristic persons.

In Cooper v Union of India6, also known as Bank Nationalization case, held that a
shareholder of a company should be considered as an Indian citizen and is entitled to the
protection given under Article 19 of the Indian Constitution. The Fundamental rights of the
shareholders as citizens should not be violated by any state action.

In Bennett Coleman & Co. v Union of India7, the Supreme Court again said that the State
Action not only affects the right of newspapers companies but also of the editors, readers and
shareholders. These individuals do have freedom of speech and expression which should be
protected against any unreasonable State action.

6
AIR 1970 SC 564
7
AIR 1973 SC 106

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 REFERENCES

1) M.P Jain Indian Constitution Law Book

2) SCC online
3) Indiankanoon.org

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