Profile
Settings
Refer your friends
Sign out
It simply describes the categories of people considered to be Indian citizens on the day the Indian constitution was promulgated on January 26, 1950, and leaves nationalism governed by a law enacted by parliament.
Who were considered Indian citizens when the constitution was promulgated?
There are four categories of persons, identified between Article 5 and 8 of the constitution, who are considered eligible to become Indian citizens when the constitution comes into force.
i) Citizenship by residency (Article 5): An Indian-born person or one of the parents of that person born in India or that person must be a natural citizen of India for at least five years prior to the commencement of the constitution. A person’s place is in that land where a person has his or her own home or is legally entitled to have his or her permanent home.
ii) Nationality of migrants to India from Pakistan (Article 6): Persons migrating from Pakistan to India are divided into two categories: i) those who came to India before July 19, 1948, and ii) those who arrived on or after July 19, 1948.
In the case of immigrants before July 19, 1948, if a person resides in India from the date of his or her departure, and if the person immigrated on 19 July 1948 or later, if he or she is registered as an Indian citizen, after staying at least six months before the date of application for registration, Indian government, we will be considered an Indian citizen.
iii) Pakistani Immigrant Citizenship (Article 7): If an Indian citizen migrates to Pakistan after March 1, 1947, but returns to India on the basis of a residency permit in India, that person is entitled to become a citizen of India. India, if it registers as a citizen of India, after staying for at least six months before the date of application for registration, is an official appointed by the Indian government.
iv) Indigenous Indians living outside India (Article 8): Indians (parents of any Indian-born grandparents as defined in the Indian Government Act, 1935) residing abroad shall be granted Indian citizenship, as if registered by Indian embassies or consulates. in the country where they live.
What are the provisions under the National Act, 1955?
The law provides for the acquisition of Indian citizenship in the following ways:
i) Nationality by birth: Anyone born in India on January 1, 1950 or later, will be considered a citizen by birth. or with a valid passport or travel documents but remained in the country for an extended period of time.
ii) Citizenship by descent: A person born outside India will be deemed to be an Indian citizen if one of the parents of that person is an Indian citizen at the time of his birth as long as the birth is registered within one year of the occurrence or commencement of the Act, depending on the latter.
iii) Citizenship by registration: A person can be registered as an Indian citizen, if the person is married to an Indian citizen or has been an Indian citizen for five years prior to applying for registration.
iv) Citizenship by authorization: A person is issued with a citizenship certificate if that person is not an illegal immigrant and has lived in India for 12 months prior to applying for a certificate.
Conclusion:
Human rights are fundamental human rights that form an integral part of human development.
The Constitution acts as a protector of those fundamental rights such as Fundamental Rights and DPSPs. Emphasis is placed on fundamental rights and can be enforced directly in a court of law.
From an in-depth study of Part III and Part IV of the Indian Constitution, it is easy to see that almost all the rights granted to the UDHR (Universal Declaration of Human Rights) are integrated into these two sections.
The judiciary has also taken serious steps such as the relaxing rules of ‘locus standi’ and now anyone else instead of those involved can go to Court.
The Supreme Court has interpreted the Fundamental Rights of the Citizen and now rights such as the right to privacy, the right to a clean environment, the right to free legal aid, the right to a fair and just trial etc. they also find a place in the Fundamental Rights.
