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Discussion > Constitutional Law > Constitution > How does one become Citizen of India - Comments Pls.   Unanswered Threads Post New Topic

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D. Arun Kumar


Medical Value Travel
[ Scorecard : 3778]
Posted On 31 July 2010 at 16:42 Report Abuse

Comment Please: How does one become CITIZEN OF INDIA !

Here are the ways one can become an Indian citizen currently.


Important
**********
After 2004 any person born to foreign parents in Indian soil is NOT a citizen of India by default. The US still gives default citizenship to all children by virtue of birth in its soil even those who are born to foreign parents.

Ways once can become an Indian citizen.


Citizenship by Birth
***********************
Any person born in India on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987 was a citizen of India by birth. A person born in India on or after 1 July 1987 was a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.


Citizenship by Descent
***********************
Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Person born outside India on or after 10 December 1992 are considered as citizens of India if either of their parents is a citizen of India at the time of their birth.

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country. In simple words we can say.a person born outside India on or after 26th jan 1950 shall be a citizen of India by decent he either his parents is a citizen of India at the time of person 's birth (Kalbi)


Citizenship by Registration
***************************

The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:-------

* a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
* a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
* a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
* minor children of persons who are citizens of India;
* a person of full age and capacity whose parents are registered as citizens of India by ordinary residence in India for seven years;
* a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
* a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.
*.person of full age and capacity who are citizen of common wealth country or republic of Ireland.(Kalbi)


Citizenship by Naturalization
******************************
Citizenship of India by naturalization can be acquired by a foreigner who has resided in India for twelve years. The applicant must have lived a total of 11 years in India in a period of 14 years, and must have spent in India the past 12 months preceding the application.
 

Kindly comment on above and add your views if I missed some important points in above discussion.

Thank you



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Arup


UNEMPLOYED
[ Scorecard : 11092]
Posted On 31 July 2010 at 22:11 Report Abuse

CONSTITUTIONAL PROVISIONS

CONSTITUTION OF INDIA.

PART II

CITIZENSHIP

5. 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 immediately preceding such commencement, shall be a citizen of India.

6. 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 grandparents 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 therefore 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 for at least six months immediately preceding the date of his application.

Citizenship at the commencement of the Constitution.

Rights of citizenship of certain persons who have migrated to India from Pakistan.

7. 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.

8. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents 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 therefor 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.

9. 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.

10. 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.

11. 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.



D. Arun Kumar


Medical Value Travel
[ Scorecard : 3778]
Posted On 01 August 2010 at 00:50 Report Abuse

Sh Arup ji,

So if COI there and guarantees it then why mention some dates / months / years in my first post !

Kindly review and refine the concept of acquirinf Citizenship in India :-|

Rgds.



D. Arun Kumar


Medical Value Travel
[ Scorecard : 3778]
Posted On 01 August 2010 at 00:53 Report Abuse

@ Goodboy

I will admit it I paid more attention to the image file than your free will Gun culture Democracy note. However, you are too right but may be if one have a licensed gun then do he become Citizen of India is blending in theme of the title of this post :-|

Rgds.



Arup


UNEMPLOYED
[ Scorecard : 11092]
Posted On 01 August 2010 at 18:59 Report Abuse

After 2004 any person born to foreign parents in Indian soil is NOT a citizen of India by default.

- this provision was never adopted in india. neither before or after - 2004. your impression is wrong.

yes, in usa this provision exists.



Arup


UNEMPLOYED
[ Scorecard : 11092]
Posted On 01 August 2010 at 19:06 Report Abuse

BARE ACT (ART 5 TO 11 COT) VERY CLEAR IN THIS REGARD.



Arup


UNEMPLOYED
[ Scorecard : 11092]
Posted On 01 August 2010 at 19:07 Report Abuse

PLEASE READ COI INSTEAD OF COT



Arup


UNEMPLOYED
[ Scorecard : 11092]
Posted On 01 August 2010 at 19:11 Report Abuse

How does one become CITIZEN OF INDIA !

THE QUESTION SHOULD BE - How does one become CITIZEN OF INDIA?

ANS : AS PER THE CONSTITUTIONAL PROVISIONS AS STATED ABOVE.

ANY DOUBT ABOUT IT?



D. Arun Kumar


Medical Value Travel
[ Scorecard : 3778]
Posted On 01 August 2010 at 19:30 Report Abuse

@ Goodboy

Clap Clap Clap Clap Clap brother where do you get these pictures from :-) These are very powerful images worth Nat Geo award read with UN award Clap Clap Clap Clap

Directly you are giving hint to WCD / NCW that empowered women should be given free gun licence as well as a free wepon too and on first night of marriage all husbands should be shot dead by empowered abala nari because all dowry / 498a / dv complaints starts with That, right from first night....... so the day is not far when instead of cycle / car as dowry a gun will come as stridhan Clap Clap Clap Clap

@ Arup ji,

Thank you I will come back on your replies soon.
 




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