Indian Citizenship Notes

Flashcards summarizing concepts, articles, and methods of acquisition and loss of Indian citizenship based on the lecture notes.

Part II of the Indian Constitution

The section of the Constitution of India comprising Articles 5 to 11 that deals with citizenship.

Article 11

The constitutional provision empowering Parliament to make provisions with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Citizenship Act of 1955

An Act providing for the acquisition and loss of citizenship after the commencement of the Constitution, which has been amended six times (1986, 1992, 2003, 2005, 2015, and 2019).

Citizens

Full members of the Indian State who enjoy all civil and political rights.

Aliens

Citizens of another state who do not enjoy all civil and political rights, categorized as friendly aliens or enemy aliens.

Enemy Aliens

Aliens who enjoy lesser rights than friendly aliens and do not enjoy protection against arrest and detention under Article 22.

Article 15

A constitutional right conferred on Indian citizens that prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

Article 16

A constitutional right conferred on Indian citizens guaranteeing equality of opportunity in matters of public employment.

Article 19

A constitutional right conferred on Indian citizens granting freedom of speech and expression, assembly, association, movement, residence, and profession.

Articles 29 and 30

Constitutional provisions conferred on Indian citizens that guarantee cultural and educational rights.

Acquisition of Citizenship

The legal pathways under the Citizenship Act, 1955 by which Indian citizenship can be acquired, comprising birth, descent, registration, naturalisation, and incorporation of territory.

Citizenship by Birth

A method of acquiring Indian citizenship under which all persons born in India on or after January 26, 1950 are treated as citizens by birth.

Citizenship by Descent

A method of acquiring citizenship where a person born outside India on or after January 26, 1950 is a citizen if his father is a citizen of India at the time of his birth.

Citizenship by Registration

A method of acquiring Indian citizenship where a person registers with the appropriate authority.

Citizenship by Naturalisation

A method of acquiring citizenship where a foreigner obtains Indian citizenship upon applying for naturalization to the Government of India.

Citizenship by Incorporation of Territory

A method of acquiring citizenship where, upon adding a territory to India, the Government of India specifies the persons of that territory who shall become Indian citizens.

Renunciation of Citizenship

A mode of losing Indian citizenship in which a citizen voluntarily surrenders their citizenship.

Termination of Citizenship

A mode of losing citizenship where an Indian citizen's citizenship automatically ends upon voluntarily acquiring citizenship of another country, except during a war in which India is engaged.

Deprivation of Citizenship

Compulsory termination of Indian citizenship by the Central government if citizenship was obtained by fraud, if the citizen was imprisoned in any country for two years within five years of registration or naturalization, or if the citizen unlawfully traded/communicated with an enemy during war.