Identifying Nationality
Querist :
Anonymous
(Querist) 07 March 2011
This query is : Resolved
Can a person having US passport be proved as an indian national if that persons place of birth is india and is married to an indian national as we know in India dual nationality is not allowed
Basavaraj
(Expert) 07 March 2011
that is why they are call as "NRI"S Non-residential Indians
Gulshan Tanwar
(Expert) 12 March 2011
Dual Nationality is allowed in India...even this year onwards, NRI's and PIO's can cast their votes.
Gulshan Tanwar
(Expert) 12 March 2011
Articles 5-11 of the Constitution says about them.
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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted);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 therefor 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.
4
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.
THE CONSTITUTION OF INDIA
(Part II.—Citizenship.—Arts. 7—11.)
Rights of citizenship of certain persons of
Indian origin residing outside India.
5
Rights of citizenship of certain migrants to Pakistan. Persons voluntarily acquiring
citizenship of a foreign State not to
be citizens.
Continuance of the rights of citizenship.
Parliament to regulate the right of citizenship by law.
Querist :
Anonymous
(Querist) 22 March 2011
Can ou just provide me the written notification where it is mentioned that overseas citizen will be treated at par with indian nationals.
