Citizenship of Certain Persons of Indian Origin Residing outside India

The Constitution of India mentions the Rights of Citizenship of Certain Persons of Indian Origin residing outside India. Under Article 8 of Indian Constitution, it is said that- Indian citizens living abroad (those whose parents/grandparents were born in India as specified by the Government of India Act, 1935) would be granted Indian Citizenship as if India’s diplomatic or consular officials had registered them in the country where they are resident.

Constitutional Rights of Citizenship of Certain Persons of Indian Origin residing outside India 

The Indian Constitution gives certain rights to only citizens. The rights against discrimination under article 15, right of equal opportunity in employment under article 16, freedom of speech and other rights under article 19, right to vote and right to become a member of parliament and state legislatures, certain educational and cultural rights under article 29 and 30 and are only available to citizens. The office of president, vice president, supreme court judges, high court judges, governors, advocate general, and the attorney general can only be acquired by citizens. Some crucial rights like the right to life and personal liberty under article 21 and the right to equality before the law and equal protection under article 14 apply to noncitizens and any persons.

Rights of Citizenship of Certain Persons of Indian Origin Residing outside India under Indian Constitution

Under Article 11, the parliament can make laws regarding Citizenship, and thus the Indian Citizenship Act came into force. Articles 5 to 8 of the Constitution mentioned four categories of people eligible for Citizenship in India.

1. 1. Article 5 defines Citizenship by domicile.
   2. Article 6 defines the Citizenship of migrants to India from Pakistan. 
   3. Article 7 defines the Citizenship of migrants of Pakistan.

• Article 8 defines the Citizenship of persons of Indian origin residing outside India.

Rights of Citizenship of Certain Persons of Indian Origin Residing outside India: Provisions under the Citizenship of India Act 1955

1. i) Citizenship by birth:A person born in India on or after 01/01/1950 would be a deemed citizen. After the amendment to this act in 2003, people born after 03/12/2004 would be considered citizens if at least one parent is an Indian citizen and the other is not an illegal immigrant to India.
2. ii) Citizenship by descent- A person is an Indian citizen born outside India but to at least one Indian citizen parent. The birth needs to be registered within one year at the Indian Consulate.

iii) Citizenship by registration:  A person can become a citizen if they have a citizen’s spouse or have been an Indian resident for five years before applying for Citizenship.

1. iv) Citizenship by naturalization: If a person has not migrated to India illegally and has been a resident for a year before applying, they can get a naturalization certificate. They must also have stayed in India for 11 years in the preceding 14 years before this last 12 months.
2. v) Citizenship by incorporation of territory- If and when new territory is included in Indian territory, the persons of that territory will become a citizen.

This was the India Act 1955.

Rights of Citizenship of Certain Persons of Indian Origin Residing outside India- PIO Card

• They can visit India without a visa within 15 years from issuing the PIO card.
• They only need to register with FRRO or FRO when their stay is more than 180 days. In that case, they need to register within the next thirty days.
• They can avail of central and state government housing schemes and from LICs.
• They can hold, transfer, dispose and acquire immovable properties. The exception is in agricultural and plantation properties.
• They can admit their children to educational institutions of India under the NRI quota in any IITs, IIMs, and other engineering and medical colleges.

Conclusion

There have been recent arguments regarding the Citizenship (Amendment) of India Act, 2019. There have been debates saying the recent act is unconstitutional as well. The 2019 amendment mentions granting Citizenship to particular religious groups, and it omits certain religious and regional groups of people like Rohingya Muslims of Myanmar and Tamils in Sri Lanka. India gives Rights of Citizenship to Certain Persons of Indian Origin Residing outside India under the Citizenship Act and Article 8 of Indian Constitution, and that is why having a PIO card is beneficial if you are staying outside India