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Citizenship of certain persons of Indian origin residing outside India

 The citizenship act 1955 says about acquiring citizenship of Indian origin parents and overseas Indian-originated people. And hence provided article 5 to article 11 completely says about the citizenship of certain persons of Indian origin residing outside India and about the rights of Indian origin people.

Different laws are made for persons of Indian origin residing outside India. Articles 5 to 11 account for this and also says the rights of people of Indian origin residing outside India. Rules and regulations are made under the “ Government of India act 1935” and the “Citizenship act 1955”. Both of these acts talk about acquiring citizenship of Indian origin parents and overseas Indian-originated people.

Citizenship act 1955

This acts talks about acquiring citizenship of Indian origin parents and overseas Indian-originated people.

Types of citizenships

  • Citizenship at the commencement of the constitution:

By having citizenship at the time of the Constitution’s formation, those who were lodged in India on November 26, 1949, were automatically considered citizens of India. And says many more when the commencement of the constitution takes place.

  • Citizenship by birth:

Citizenship by birth says that every person who was born in India after 1st July 1987 or when he/she burns their parents is a citizen of India at the time of birth, is considered an Indian citizen. Indian citizens are those who were born and raised on or after January 26, 1950, but before July 1, 1987. And says many more about the people who were born in India.

  • Citizenship by descent:

Citizenship of descent says to that person who was born outside of India and at the time of burn his father is a citizen of India on or after 26th January 1950 before 10th Dec 1992 and either of his parents is a citizen of India at the time of his birth after 10th Dec 1992 and says many more about people who burn outside India.

  • Citizenship by naturalization:

Citizenship by naturalization refers to the process to acquire citizenship of India by a person who is not a citizen of India or is a foreigner. If the person is a resident of India for more than 12 years and not being an illegal migrant can be acquired citizenship of India. And says many more about people who want to acquire citizenship in India using the naturalization process.

  • Citizenship by registration:

Citizenship by registration says that the central government may be subject to registering a person who is an overseas citizen of India under some conditions and restrictions. A person who is a citizen of another country can acquire Indian citizenship using the registration process. And says many more about the person who is a citizen of another country and wants to be an Indian citizen.

  • Citizenship by incorporation of territory:

A person can be a citizen of India if the person has any relation with a territory that belongs to the land of India.

Articles released to acquire citizenship:

  • ARTICLE 5:

This article discusses citizenship for those born on January 26, 1950, the day the Constitution was ratified. Citizenship is granted to people who have their primary residence within Indian territory plus those Who took birth in Indian land or those whose either parent took birth in Indian territory; and who have customarily resided in India for just not less than five years before the Constitution’s commencement.

  1. ARTICLE 6:

At the time of the Constitution’s inception, every individual who has moved from Pakistan shall be considered an Indian citizen if any of his grandparents/parents/himself was born in India or if he migrated before July 19, 1948, and is living as a resident of India.

  1. ARTICLE 7:

The rights of those who went to Pakistan on and after March 1, 1947, but afterwards returned to India are discussed in this article.

  1. ARTICLE 8:

This article discusses the rights of Indians living outside of India in terms of work, marriage, and education. 

  1. ARTICLE 9:

People who freely take up citizenship in another nation shall not be considered Indian citizens.

  1. ARTICLE 10:

Anyone who is regarded as an Indian citizen under either of the provisions of this Section remains a citizen and is subject to any legislation enacted by the Parliament.

  1. ARTICLE 11:

Any provision addressing the acquisition as well as the termination of citizenship, or any subject connected to citizenship, may be made by Parliament.

Citizenship Termination

The termination of citizenship can occur if people encountered some conditions that include Renunciation, Deprivation and Termination. In these methods, if any person doesn’t meet any condition then termination of Indian citizenship occurs.

  • Renunciation:

Individuals having citizenship in India with extra citizenship from another country can cancel their citizenship legally.

  • Deprivation:

In this case, the Indian government will terminate the citizenship of an individual.

  • Termination:

If an individual has citizenship of India and unknowingly accepts citizenship of another country, will ultimately terminate their citizenship.

Conclusion:

The articles 5 to 11 and acquire citizenship of India the norms and types to acquire citizenship in India are learned from this. Everything a person has to do if the individual is of Indian origin or origin from another country is given in this article.

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