Citizenship

Meaning
• the position or status of being a citizen of a particular
country.
• A person may have multiple citizenships and a person
who does not have citizenship of any state is said to be
stateless.
• Parents are citizens (jus sanguinis).
• Born within a country (jus soli).
• Marriage to a citizen (jure matrimonii).
• Naturalization-States normally grant citizenship to
people who have entered the country legally and been
granted permit to stay, or been granted political asylum,
and also lived there for a specified period.
 Citizen & Citizenship
• A citizen of a state is a person who enjoys full civil
and political rights in that State. He enjoys full
membership of the political community.
• Citizenship simply means the membership of the
political community or the State. It is a legal status
determined by the specific rights and duties.
• Rights available to citizens:
• Fundamental rights
• Right to hold certain high offices
• Right to vote
• Right to contest
 Nationality & Citizenship
BASIS FOR COMPARISON NATIONALITY CITIZENSHIP

Meaning Nationality is the individual Citizenship is the political status,

membership that shows a person's which states that the person is
relationship with the state. recognized as a citizen of the
country.

Concept Ethnic or racial. Legal or juristic.

Represents The place or country where the Individual is registered as a citizen

individual has taken birth. by the government of the country.

Ways Birth and Inheritance (depending Birth, Inheritance, Marriage,

on the rules prevalent in the Naturalization, etc.
country)

Can it be changed? No Yes

Can it be reversed? It is innate. It can be reversed.

Can it be possible to have No, a person can be national of Yes, a person can become a citizen
nationality/citizenship of only one country. of more than one country.
multiple countries?
 Art 5-Citizenship at the commencement
of the Constitution

• At the commencement of this Constitution every

person who has his domicile in the territory of
India and
• (a) who was born in the territory of India; or
• (b)either of whose parents was born in the
territory of India; or
• (c) who has been ordinarily resident in the
territory of India for not less than five years
preceding such commencement, shall be a citizen
of India
 Domicile
• Domicile is not defined under the Constitution of
India.
• In ordinary sense- it means the home or the place
where a person resides with the intention to remain
there permanently and without any present
intention to remove himself therefrom.
• Domicile is different from place of birth.
• Domicile is different from residence too.
Residence implies pure physical fact, fact of just
being and living at a particular place.
• But domicile is not only residence, it is residence
coupled with intention to live indefinitely at the
place.
• Two essential elements for domicile are:
• 1) Actual residence at the place
• 2)The present intention to remain there
permanently.
• Thus, there must be both the factum and animus,
to constitute the existence of domicile.
• Kinds of domicile:
– 1) Domicile of Origin
– 2) Domicile of Choice
– 3) Domicile by Operation of Law
• Case- Nagina Devi v. Union of India AIR 2010
Pat 117-it was held that the person must have her
domicile in India at time of commencement of
Constitution. Where a person was born much after
commencement of constitution, the question of
his/her domicile in India at time of
commencement does not arise.
• The expression -Every person includes:
• A prisoner
• A member of the armed forces
• In the case of Mohd. Reza Debestani
v. State of Bombay[AIR 1966 SC 1436], the appellant
came to India in year 1938 and remained there till
1945, when he went on a pilgrimage to Iraq for one
year.
• On his return to India from the pilgrimage, he
registered himself as a foreigner and took the job of
cashier in a hotel in India.
• Several times his stay in India was extended. In year
1957, his request for extension of his stay was refused.
• These facts established that there was a change in his
mind, and that he had no intention to make India his
permanent home.
• Case –Sondur Gopal v. Sondur Rajni AIR 2013
SC 2678- it was held that a person can acquire
domicile of choice by residing in the country of
choice with intention of continuing to reside there
indefinitely.

• Case- Pardeep Jain v. Union of India AIR 1984

SC 1420 it was held that there is only one
domicile viz., the domicile of the country and
there is no separate domicile for a State.
Art 6- Rights of citizenship of certain persons
who have migrated to India from Pakistan
• Notwithstanding anything in Article 5, a person who
has migrated to the territory of India from the
territory now included in Pakistan shall be deemed
to be a citizen of India at the commencement of this
Constitution if
– (a) he or either of his parents or any of his grand parents
was born in India as defined in the Government of India
Act, 1935 (as originally enacted); and
– (b) (i) in the case where such person has so migrated
before the nineteenth day of July, 1948 , he has been
ordinarily resident in the territory of India since the date
of his migration, or
 – (ii) in the case where such person has so
migrated on or after the nineteenth day of July,
1948 , he has been registered as a citizen of
India by an officer appointed in that behalf by
the Government of the Dominion of India on an
application made by him there for to such
officer before the commencement of this
Constitution in the form and manner prescribed
by that Government:
Provided that no person shall be so registered
unless he has been resident in the territory of India or
at least six months immediately preceding the date of
his application
• On partition of the country, people residing in
Pakistan and migrating to the territory of India,
could not be regarded Indian citizens under
Article 5, special provisions under Article 6 & 7
had, therefore been made for them.
• Article 6 is applicable to persons of Indian Origin:
• 1) Those who themselves were born within the
territory of India ( Govt of India Act, 1935) or
• 2) Either of their parents was born in India so
defined
• 3) Any of their grandparents was born in the
territory of India, so defined
• Article 6 has classified such persons migrating
from Pakistan to India, into two categories:
• i) Those who came to India before 19th July 1948
• ii) those who came to India on or after 19 th July
1948.

• Article 6 specifies 19th July 1948 for determining

the acquisition of citizenship by immigrants from
Pakistan. It was on this date that the Influx from
Pakistan (Control) Ordinance, 1948 was
promulgated by the Governor- General of India,
came into force.
• Under this Ordinance, permit system was
introduced for the entry to India from Pakistan.

• Therefore, people migrating from Pakistan to

India, on or after 19th July 1948, could enter
Indian territory under a permit issued by the
Officer appointed by the Government of India for
the purpose.

• The Ordinance was replaced by the Influx from

Pakistan (Control) Act, 1949.
• Case- Shanno Devi v. Mangal Sain AIR 1961
SC 58- it was held that migration must be with
the intention to reside permanently in India. Such
intention may be formed even later.

• Art 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:
• 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.
• Art. 7 provides that a citizen of India, whether by
domicile or by migration, ceased to be a citizen of India,
if he had migrated to Pakistan after 1st March 1947. (It
was on this day that communal riots started in India
and migration of Muslims to the Muslim Majority areas
began)
• Article 7 overrides Article 5 & 6.
• Migrants returning to India:
• Proviso to Art 7 contains an exception in favour of
persons who having migrated to Pakistan, returned to
India.
• Permit for resettlement or permanent return to India,
issued by or under the authority of any law, could be
registered as a citizen of India.
• Therefore, it is required that such a person was to
make an application for his registration as citizen of
India, to an officer appointed by the Govt of India.
• He could be so registered only if he had resided in
the territory of India for at least 6 months
immediately preceding the date of application.
• Article 6 & 7 deal with persons migrating from
Pakistan to India and vice versa.
• Case- Kulathil Mamma v. State of Kerala AIR
1966 SC 1614.
• Case- State of Bihar v. Kumar Amar Singh Air
1955 Sc 282
 Art- 8 Rights of citizenship of certain persons of India origin
residing outside India

• Notwithstanding anything in Article 5, any

person who or either of whose parents or any
of whose grand parents was born in India as
defined in the Government of India Act,
1935 (as originally enacted), and who is
ordinarily residing in any country outside
India as so defined shall be deemed to be a
citizen of India
• if he has been registered as a citizen of India by
the diplomatic or consular representative of India
in the country where he is for the time being
residing on an application made by him there for
to such diplomatic or consular representative,
whether before or after the commencement of
this Constitution, in the form and manner
prescribed by the Government of the Dominion
of India or the Government of India.
 Art 9-Person voluntarily acquiring citizenship
of a foreign State not to be citizens

• 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.
Article 10 :- Continuance of the rights of citizenship-
Every person who is or is deemed to be a citizen of India
under any of the foregoing provisions of this Part shall,
subject to the provisions of any law that may be made by
Parliament, continue to be such citizen.

Article 11 :- Parliament to regulate the right of

citizenship by law -
Nothing in the foregoing provisions of this Part 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.
• Articles 5 to 11 deal with provisions relating to
citizenship. Articles 5 to 10 deal with citizenship at
the time of coming into force of the Constitution
(ie until January 1950).
• Article 11 empowers the Indian Parliament to
make Regulate on Citizenship by law.

• It was in exercise of this power that the

Citizenship Act, 1955 was enacted.
Section 8 of The Citizenship Act, 1955 : Renunciation of
citizenship
If an adult makes a declaration of renunciation of Indian
citizenship, s/he loses Indian citizenship. In addition, any
minor child of that person also loses Indian citizenship from
the date of renunciation. When the child reaches the age of
18, he or she has the right to have his or her Indian
citizenship restored.
Section 9 of The Citizenship Act, 1955:Termination of
citizenship
Any citizen of India who by naturalisation or registration
acquires the citizenship of another country shall cease to be
a citizen of India.
• 10. Deprivation of citizenship.―
• (1) A citizen of India who is such by naturalisation or by virtue only of clause (c)
of article 5 of the Constitution or by registration otherwise than under clause (b)
(ii) of article 6 of the Constitution or clause (a) of sub-section (1) of section 5 of
this Act, shall cease to be a citizen of India, if he is deprived of that citizenship by
an order of the Central Government under this section.

• (2) Subject to the provisions of this section, the Central Government may, by
order, deprive any such citizen of Indian citizenship, if it is satisfied that―
i. where citizenship by naturalisation or registration is obtained by fraudulent
means; or
ii. if person is ‘disloyal or disaffected’ towards the Constitution; or
[Link] five years of after naturalisation or registration has been sentenced to
imprisonment of at least 2 years; or
iv. has been residing outside India for 7 years for purposes other than educational or
in service of government or international organization of which India is a
member or he has not registered annually at an Indian consulate expressing his
intention to retain his citizenship; or
v. during war unlawfully traded or communicated with the enemy
Purpose of citizenship
• The population of State is divided into two categories-
• Citizen
• Aliens

Certain FRs only available to citizens.

• Article 15
• Article 16
• Article 19
• Article 29 and 30
• Right to vote
Certain offices under constitution which can be
hold by citizens only.
• Office of President (Article 58 (1)(a))
• Office of Vice-President (Article 67 (3)(a))
• Judge of Supreme Court (Article 124 (3))
• Judge of High Court (Article 217 (2))
• Attorney General of India (Article 76 (1))
• Judge of Supreme Court (Article 124 (3))
• Governor of State (Article 157)
Mr. Louis De Raedt & Ors vs Union Of India And Ors, 1991 AIR 1886

• In this case three foreign nationals asks for Indian Citizenship on the basis
of their stay in India since pre- independence period.

• The Petitioners,Mr. Louis De Raedt, Mr. B.E. Getter and Mrs. S.J. Getter,
foreign nationals engaged in Christian missionary work have been staying
in India continuously fora long time since pre-independence period.
• They continued to stay on the basis of residential permits renewed from
time to time. In 1985 an order was passed asking them to leave the country
and they made representations to the authorities, followed by further
representations in 1986 for naturalisation of further extension of stay.
• However, by order dated 8th July,1987 their request was rejected and they
were asked to leave the country by 31 st July, 1987. The petitioners
challenged the said order in their writ petitions, that was filed before the
Supreme Court of India.
• Issues involved
– Domicile of origin and domicile of choice
– Foreigner not acquiring citizenship is not entitled to avail
benefit of Article 19 (1). Only article 21 is available.
– Foreigner Act 1946, a person not acquiring citizenship,
competent authority has right to expel the person from
India. S.P merely executed orders.

– Staying in India with foreign passport with residential

permit renewed from time to time. Intention to stay
permanently not formed.

– Held – appeal was dismissed.

Central Bank Of India vs Ram Narain, 1955 AIR
36
Issues involved
– Offence committed by person in Pakistan.
– Later on migrated to India and acquired domicile.
– Scope of section 4 IPC and 188 Cr.P.C was discussed.
– Meaning of domicile was explained.
– domicile is a place where the person’s habitation is
fixed without any present intention of removing
therefrom.
– Held – after commission of offence, if a person
becomes citizen of another country, can not be tried
retrospectively for the offence committed in another
country.