CHAPTER - 6 CITIZENSHIP

  • India has two kinds of people – citizens and aliens. Aliens of two categories – friendly aliens or enemy aliens. They enjoy lesser rights than the friendly aliens, eg. They do not enjoy protection against arrest and detension (Article 22).
  • The Constitution confers the following rights and privileges on the citizens of India (and denies the same to aliens): Article 15, 16, 19,29, 30. Right to vote. Right to contest for the membership of the Parliament and the state legislature.
  • Eligibility to hold certain public offices that is, President of India,Vice-President of India, judges of the Supreme Court and the high courts, governor of state, attorney general of India and advocate general of states.
  • In India both a citizen by birth as well as a naturalized citizen are eligible for the office of President while in USA, only a citizen by birth and not a naturalized citizen.

CONSTITUTIONAL PROVISIONS

  • The Constitution deals with the citizenship from Articles 5 to 11 under Part II. It empowers the Parliament to enact a law to provide, the Parliament has enacted the Citizenship Act, 1955, which has been amended in 1986, 1992, 2003 and 2005.

CITIZENSHIP ACT, 1955

Acquisition of Citizenship

  1. By Birth
  2. By Descent
  3. By Registration
  4. ByNaturalisation
  5. By Incorporation of Territory

Loss of Citizenship

  1. By Renunciation
  2. By Termination
  3. By Deprivation
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