Citizenship at the commencement of the Constitution

The article of Citizenship at the commencement of the constitution is all regarding the  citizenship for people during the commencement of the Constitution which is during 1950. According to this article, citizenship is allotted to those persons who have their domicile in Indian territory and if those persons were born in Indian territory. Or also either of their parents was born in Indian territory.

Citizenship At The Commencement Of The Constitution

Indian Constitution has mentioned the conditions, which when fulfilled gives the opportunity to someone to hold Indian status. The 2 main conditions of legislation governing these necessities are: One which is provided by the Constitution of Republic of India and the second is the citizenship act,1955.

Well, these are the two conditions and thus the act states that all persons born in the Republic of India between twenty six January 1950 and 1 July 1987 will be considered as the citizens of this country no matter what nationalities their parents behold. 

Whereas the second condition according to the act states that those who were born amidst 1 July 1987 and 3 Gregorian calendar months 2004 were also granted citizenship but on a condition that one of their parents must be an Indian citizen. Hence since then those citizens along with this citizenship got all the rights like being an Indian voter at birth.

The act also talks about foreigners becoming Indian voters by naturalisation. This happens if they reject the previous nationalities and saty in India for 12 years. 

Therefore the above two acts are the necessary conditions to be fulfilled to become an Indian citizen.

Article five speaks regarding the citizenship of India at the commencement of the Constitution (Nov twenty six, 1949).  Whereas Article 11 allowed the Parliament of India to make proper citizen law. And hence came the Citizenship Act 1955. This granting citizenship also deals with other articles in the constitution which are as follows.

CITIZENSHIP AT COMMENCEMENT OF THE CONSTITUTION OF INDIA:

As above mentioned, to gain Citizenship of India some criteria are to be fulfilled and hence they would be subject of India.

 Coming to Article 6 it states some other criterias. This states that someone who that time migrated to India even from Pakistan is now a citizen of India but under some conditions which are:

The either parent or grandparent must hold Indian Citizenship as per 1950 act.

Another is, if the person entered before 19 July 1948, he is also a legal citizen.

Therefore the article 7 which do not withstands anything in articles five and six says, someone who has when the primary day of March 1947, migrated from the territory of India to the territory currently enclosed in Asian nation shall not be deemed to be a subject of India: Provided that nothing during this article shall apply to someone who, when having therefore migrated to the territory currently enclosed in Asian nation, has came back to the territory of INDIA beneath a allow for relocation or permanent come back issued by or beneath the authority of any law and each such person shall for the needs of clause (b) of Article six be deemed to have migrated to the territory of India when the nineteenth day of July, 1948.

Article 8 mentions another criteria for who can be the citizen of India legally. Any person who either parent or either of whose elders or his/her grandparents was a legal citizen of India is considered to be a legal citizen. Moreover,  the Government of India Act, 1935 (as originally enacted) also mentioned that any person who commonly resides in any country outside of as therefore outlined shall be deemed to be a subject of India if he has been registered as a subject of India by the diplomatic or diplomatic building representative of India within the country wherever he’s for the nonce residing on an application created by him therefore to such diplomatic or diplomatic building representative, whether or not before or when the commencement of this Constitution of India, within the kind and manner prescribed by the govt. of the Dominion of India or the govt. of India. 

Article 9 is a measure to keep the value of Indian citizenship retained. This article mentions that if any person attempts to opt for any foreign state citizenship he/ she will be rejected from the access to citizenship of India. And this is all applicable if the candidate has acquired citizenship under any criteria in article 5,6 or 8.

The article 10 is one important one stating that no matter what amendments the parliament makes in the constitution, the candidates who are already assigned the citizenship under any criteria can not be denied access to it under any conditions.

The other article, article 11 stated the Parliament to give citizenship by law which says that nothing in provision can actually derogate from the position of Parliament to create any provision in terms to acquisite and terminate citizenship.

CONCLUSION

Citizenship on the commencement of the Constitution therefore allows the individuals to be a citizen of India legally when he/she is  a resident withinside the territory of India for at least more than 5 years.