In the Indian Constitution, there are specific articles that state regulatory acts to avail the citizenship of India. In the Indian Constitution, articles 5 to 11 state the citizenship regulations for migrants and citizens outside of India. The Constitution of India empowers the preparation of the National Register of India, including the census record from 1951. According to the Constitution, the residents of India are under two categories, i.e., citizens and non-citizens. The features of article 7 reflect the citizenship validation and persons voluntarily acquiring citizenship of a foreign State not to be citizens for the migrated individuals from Pakistan after March 1, 1947.
Salient features of Article 7 according to Indian Constitution:
In the Indian Constitution, for the citizens of India, there are specific civil and political rights that the migrants and NRI do not avail. After the partition of India and Pakistan, lots of individuals were migrated to both countries. Hence, articles 5 to 11 mention the particular laws and regulation that clarifies the criterion by which an individual attains the citizenship of India. Below are some descriptions of persons voluntarily acquiring citizenship of a foreign State not to be citizens according to article 7:
- Article 7 is mainly about the migrants who moved to Pakistan from Indian territory after March 1, 1947.
- The brief Article 7 states that – “Any citizen who has migrated to territory of Pakistan from India on March 1, 1947, and returned India on a temporary permit for resettling in the Indian territory is considerably valid and entitled to become an Indian citizen.”
- The citizenship of India will only be acquired after an individual resides in the territory of India for at least six months or more.
- The individual needs to apply for registration for the citizenship process to get permanent citizenship.
- The government will appoint an officer to complete the proper documentation and investigation process.
- Article 7 is primarily for the migrants who moved to Pakistan after the partition in a confused state, which made them decide to return to India for resettlement.
Other Citizenship articles in Indian Constitution:
Along with article 7 in the Indian Constitution, there are other citizenship amendments and articles for the Persons voluntarily acquiring citizenship of a foreign State not to be citizens. Below is the description of all these articles with their inclusive laws and regulatory terms and conditions. Below is the description:
- Article 5: This article briefs the citizenship of individuals residing in India right from the commencement of the Constitution. According to this article, the person will avail the validated domicile if they are born in India. The Persons voluntarily acquire citizenship of a foreign State not to be citizens. The domicile is also provided to the persons who are not born in India, but only if their parents are born in India. Citizenship application is also valid for individuals residing in India for more than five years of tenure.
- Article 6: This article was commenced in the Indian Constitution at the time of partition for Pakistan. This article states that any individual movement in India before July 19, 1947, will be considered Indian citizens if their ancestors are directly rooted in India. After this data, individuals who migrated to the territory of India will need a registration process for citizenship.
- Article 8: This article provides citizenship rights in India to the interested NRI. In this article, any individual can become a citizen of India residing across borders if their parents and grandparents are born in India by the Indian Diplomatic Mission.
- Article 9: Article 9 confirms that persons voluntarily acquiring citizenship of a foreign State not to be citizens. Such citizens do not avail any political or civil rights as valid citizens of India.
Acquisition of Indian citizenship:
There are four primary methods by which a person can acquire Indian citizenship following all the laws and regulations of the Indian Constitution. All these acquisition norms are as per the Citizenship Act 1955. Let’s discuss:
- By Birth: Any individual born between 26.01.1950 and before 01.07.1987 is an Indian citizen apart from their parent’s nationality.
- By registration: Considering all the citizenship articles, individuals can apply for registration to avail themselves of citizenship.
- By Descent: An individual born after 26. Jan.1950, outside the borders of India, will be a valid citizen of India; their father is born in India.
- By Naturalisation: Acquisition of citizen is valid if the individual must reside in India for more than 12 years.
Conclusion:
Here are the details of citizenship article 7 and laws and regulations for the Persons voluntarily acquiring citizenship of a foreign State not to be citizens. If a person needs to acquire the citizenship of India, various laws and regulations are present that the individuals need to follow. According to the Citizenship Act and articles, there are specific categories of citizens who can apply and register as Indian citizens and enjoy all of India’s civil and political rights.