Who is a citizen of India ?

Who is a citizen of India ?

                  Article 5 of the Indian Constitution says," 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 5 years immediately preceding such, commencement ,

shall be a citizen of India "

             Article 6 of the Indian Constitution says," notwithstanding anything in artic 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he for either his parents or any of his grandparents was born in India as defined in the Government of Act, 1935 (as originally enacted);  and

(B)(I) I in the case where such a person has so migrated before the 19th day of July,1948 ,he has been original resident in the territory of India since the date of his migration , or in the case where such person where such a person has so migrated on or after the 19th 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 therefore to such officer before the commencement of this constitution in the form and manner described by  that government ;

Provided that no person shall be so registered unless he has been resident in the territory of India for at least 6 months immediately preceding the date of his application.

Article 7 of the Indian Constitution says, " notwithstanding anything in article 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 permit  for resettlement or permanent return issued by or under the authority of any law and every such Person shall for the purpose of clause (b) of Article 6 be deemed to have migrated to the territory of India after the 19th day of July 1948.

Article 8 of the Indian Constitution says," notwithstanding anything in article 5, any person who or either of his parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935, ( as original enacted ), and who is original 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 therefore to such diplomatic  or consular representative, whether before or after commencement of this constitution,  in the form and Manner prescribed by the government of Dominion of India or the Government of India .

Article 9 of the Indian Constitution says," notwithstanding 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 if he has volume curly acquired a citizenship of any foreign state."

Article 10 of Indian constitution says," every person who is or is deemed to be a citizen of India under any of the foreign provisions of this part shall , are subject to the provisions of any law that may be made by Parliament continue to be such a citizen."

Article 11 of Indian constitution says,' 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".

Citizenship Act, 1955 was enacted in terms of the powers of Parliament as saved under article 11 of the Constitution.

According to that Act, citizenship of India can be acquired -

1) By birth for example the person born in India whose one of the parent is also Indian .

2) By descent for example person born outside India if the parent of such a person was a citizen by birth subject to some exceptions and conditions .

3) By registration for example the person of Indian Origin who choose to get himself registered under the said act;

4) By naturalization for example making an application for obtaining a certificate of naturalization subject to the condition laid in this Behalf ;

5 ) By incorporation of territory for example the person residing in any territory which becomes part of India, automatically becomes a citizen of India.