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Citizenship Of Certain Persons Of Indian Origin Residing Outside India

Introduction 

Norms of citizenship in India are followed by article 5 and by Article 8 citizenship is described for those Indians who are residing outside India. This work illustrates the norms and rules of constitutions regarding India originated people residing outside this country. Polity, different types of citizenship are also mentioned here. 

Citizenship   of certain persons of Indian origin residing outside India 

There are different laws and regulations regarding Indians residing outside. As per article 5 of the Indian Constitution a person who is born either in India or whose parents or grandparents are originating from India. These are defined as per the “Government of India Act 1935” and if a person is residing outside India, however, have been registered as an Indian citizen through the approach of diplomatic with addition to consular representation. This has clearly been stated in Article 8 of Indian constitution and the approach of diplomatic and consular representation states that the person can reside for the time being in India as per the application made by them before the Constitution has been made. The “Citizenship Act  1955” states that overseas Indian originated people will be considered as Indian nationality if they have applied for Indian citizenship and the country abroad has considered them as diplomatic or consular representatives from India. 

Polity 

Citizenship in India is considered through the legislation of the Indian Constitution. After the Indian Constitution, Article 5 states about citizenship in this country. Article 11of this constitution authorised Parliament to monitor and regulate legislation related to citizenship. It also states about Indian Citizenship Act 1955 to regulate the norms of citizenship. In this Act, Indian consular, minor, prescribed, undivided India are certain terms used for interpretation of an individual’s nationality. Article 5-11 of Indian Constitution considers the policy regarding citizenship Article 5 justifies citizenship while Indian Constitution commenced. Article 6 states the rights of those Indians who have migrated from Pakistan. On the other hand, Article 7 gives details about the rights of Indians who have migrated to Pakistan. Article 8 is about the overseas Indian people. Article 9 signifies the voluntary acquisition of citizenship of a person for a foreign state. Article 10 and 11 consequently states about rights of citizens and authority of parliament to supervise citizen law respectively. 

Citizenship

Citizenship in India can be acquired in four ways and legislation is followed before providing citizenship to any individual. Fees are taken as registration charges and filling up forms. Indian citizenship polity is followed by the citizenship section of Indian Constitution. Citizenship Act 1955 states the norms and gives Parliament every authority to take decisions. This act has been amended three to four times and the last Amendment of this Act is on 11th December 2019. Citizenship is the procedure through which the entire population is divided into two main parts and those are citizens and non-citizens.  Citizens of a country have some right to enjoy the facilities and amenities of the country. Non-citizens are restricted from some rights. Fundamentals rights of the constitution are enjoyed by citizens of India. 

Types of citizenship 

Mainly four types of citizenship can be acquitted and those are by birth, descent, naturalisation and registration. Citizenship by birth is acquired when a person is born on or after 26.01.1950 and before 01.07.1987 if his or her either of one parent is bearing the nationality of India. These are defined clearly in Section 3 of Citizen act 1955. Section 4 states about citizenship acquired by descent. This section states the details about citizenship obtained when a person is born outside India and his/her father is a resident of India. There are also several dates mentioned here and some other conditions for obtaining Indian citizenship. 

Registration is another procedure through which citizenship is acquired. This procedure is acknowledged by sections 5(1) and 5(6) in the Act of 1955. This procedure gives each detail of registration and application process so that details of parents’ nationality, nationality of spouse can be made applicable. Naturalisation is acknowledged in section 6 and it states a person who is a foreigner can be a citizen of India if he/she has been residing for 12 years from the date of application. 

Conclusion 

This work has considered the citizenship legislation and polity of Indian citizenship norms. It considered different articles stating the legislation related to citizenship in India. Types of citizenship have been described and Article 8 of the Indian citizenship section in Indian Constitution has been discussed.