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The current Indian nationality law largely follows the ''[[jus sanguinis]]'' (citizenship by descent) as opposed to the ''[[jus soli]]'' (citizenship by right of birth within the territory).<ref>{{Cite web|url=https://timesofindia.indiatimes.com/world/us/as-trump-strike-at-birthright-citizenship-americans-and-indians-look-up-14th-amendment/articleshow/66450132.cms|title=As Trump strikes at birthright citizenship, Americans – and Indians – look up 14th Amendment - Times of India|website=The Times of India}}</ref> | The current Indian nationality law largely follows the ''[[jus sanguinis]]'' (citizenship by descent) as opposed to the ''[[jus soli]]'' (citizenship by right of birth within the territory).<ref>{{Cite web|url=https://timesofindia.indiatimes.com/world/us/as-trump-strike-at-birthright-citizenship-americans-and-indians-look-up-14th-amendment/articleshow/66450132.cms|title=As Trump strikes at birthright citizenship, Americans – and Indians – look up 14th Amendment - Times of India|website=The Times of India}}</ref> | ||
==History== | |||
{{See also|History of British nationality law#Early English and British nationality law|History of citizenship#Great Britain|Princely state}} | |||
{{wikify|date=May 2017}} | {{wikify|date=May 2017}} | ||
Revision as of 21:11, 23 April 2021
| The Citizenship Act, 1955 | |
|---|---|
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| Parliament of India | |
| |
| Citation | Act No 57 of 1955 |
| Enacted by | Parliament of India |
| Assented to | 30 December 1955 |
| Amended by | |
| The Citizenship (Amendment) Act, 1986, The Citizenship (Amendment) Act, 1992, The Citizenship (Amendment) Act, 2003, The Citizenship (Amendment) Act, 2005, and The Citizenship (Amendment) Act, 2019 | |
| Summary | |
| Along with the Constitution of India, the Citizenship Act, 1955, is the exhaustive law relating to citizenship in India. | |
The conferment of a person as a citizen of India is governed by the Part II of the Constitution of India (Articles 5 to 11). According to Article 5, all the people that were resident in India at the commencement of the Constitution were citizens of India as well as people born in India. The President of India is termed the First Citizen of India.
The Indian legislation related to this matter is The Citizenship Act, 1955, which has been amended by the Citizenship (Amendment) Acts of 1986, 1992, 2003, 2005, 2015 and 2019. The 1986 amendment restricted citizenship by birth to require that at least one parent had to be an Indian citizen. The 2003 amendment further restricted that aspect by requiring that a parent could not be an illegal immigrant. The 2003 amendment also mandated the Government of India to construct a National Register of Citizens. The 2019 amendment provided an easier path to citizenship for minorities persecuted on the basis of religion, i.e Hindus, Sikhs, Buddhists, Jains, Parsi and Christians from the neighbouring Muslim-majority countries of Bangladesh, Pakistan, and Afghanistan who entered India before December 2014. These two measures have given rise to large-scale protests in India in 2019.
Article 9 of Indian Constitution says that a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen. Also, according to The Passports Act, a person has to surrender his/her Indian passport and voter card, and other Indian ID cards must not be used after another country's citizenship is obtained. It is a punishable offence if the person fails to surrender the passport.
The current Indian nationality law largely follows the jus sanguinis (citizenship by descent) as opposed to the jus soli (citizenship by right of birth within the territory).[1]
History
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- Article 5- Citizenship at the commencement of the constitution.
- Article 6- Rights of citizenship of certain persons who have migrated to India from Pakistan.
- Article 7-Rights of citizenship of certain migrants to Pakistan.
- Article 8- Rights of citizenship of certain persons of Indian origin residing outside India.
- Article 9-Person voluntarily acquiring citizenship of a foreign state not to be citizens.
- Article 10- Continuance of the Rights of citizenship.
- Article 11- Parliament to regulate the right of citizenship by law.