S S JAIN SUBODH LAW COLLEGE

CITIZENSHIP

Submitted to: Submitted by:

Dr Vartika Arora Ashish Acharya

Faculty of Constitutional Law Roll No. 13

S S Jain Subodh Law College 1st Semester

S S Jain Subodh Law College

 CITIZENSHIP

Table of Contents

Acknowledgment

1. Research Methodology

2. Case List

3. Abstract

4. Introduction

5. The Constitutional Provision

 Citizen by Domicile
 Citizen by Migration
 Citizen by Registration
 Termination of citizenship
 Dual citizenship

6. The Citizenship Act, 1955

 Citizenship by Birth
 Citizenship by Descent
 Citizenship by Registeration
 Citizenship by Incorporation of Territory
 Commonwealth citizen
 Dual Citizenship
 Cessation of citizenship
 Deprivation of citizenship
 Expulsion of a foreigner

7. Corporation Not a Citizen

8. Conclusion

9. Bibliography

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

Acknowledgement

Words often fail to express true feelings yet I take this opportunity to express my
humble gratitude and personal regards to Ms Dr. Vartika Arora for inspiring me and
guiding me during the course of this project work and also for her untiring cooperation
and guidance from time to time during the course of this project work. Without her
constant support, this would not have been possible to successfully complete this
project.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

1. Research Methodology

Aim & Objective:

The aim of the project is to present a detailed study of Citizenship and to provide
complete information about the topic.

Research Plan:
The researcher has followed Doctrinal method for this study.

Scope & Limitations:

In this project, the researcher has tried to include different aspects pertaining to
the concept of Citizenship. Special attention is also provided on the Citizenship Act,
1955. The study is limited to the basis of Citizenship, Object of Citizenship, Impact of
Articles, Acts & Judgements on Citizenship and lastly, conclusion.

Sources of Data:
1) Case Studies
2) Case laws
3) Books
4) Websites

Method of Writing:
The method of writing followed in the course of this research project is primarily
analytical. The researcher has followed the Doctrinal method throughout the course of
this write up.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

2. Case List

 Aisha Singh V. State of Jharkhand, AIR 2002 (NOC) 210 (Jharkhand).

 Animesh Sil V. State of Bihar, 2011 Patiala (LJR) 1164.
 Amritsar Municipalty V. State of Punjab, AIR 1969 AC 11000.
 Ayub Khan V. Commissioner of Police, AIR 1965 SC 1623.
 Gharwal Hasan V. State of Rajasthan, AIR 1967 SC 107.
 Harishankar Jain V. Soniya Gandhi, AIR 2001 SC 3689.
 Izhar Ahmed Khan V. Union of India, AIR 1962 SC 1052.
 Karinum Nisa V. State of Madhya Pradesh, AIR 1955 NAG 6.
 Madhu Arya V. State of Uttarakhand, AIR 2011 UTR 50.
 Mr Craig Maxwell Sterry V. Ministry of Home Affairs.
 Satish Nambiar V. Union of India, AIR 2008 Bombay 158.
 Shanno Devi V. Mangal Sen, AIR 1961 SC 58: (1961) 1 SCR 576.
 State of Bihar V. Amar Singh, AIR 1955 SC 282: (1955) 1 SCR 1259.
 State of Gujarat V. Ibrahim, AIR 1974 SC 645.
 State of Uttar Pradesh V. Shah Mohammed, AIR 1969 SC 1234.
 S. K. Moinuddin V. Govt of India, AIR 1967 SC 1143.
 Union of India V. Karam Ali, AIR 1970 A&N 1416.
 Statesmen V. Fact Finding Committee, AIR 1975 Cal. 14.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

3. Abstract

The project aims at introducing the concept of citizenship and critically analyzing it. It
deals with constitutional provisions including Article 5 to Article 11 of the constitution
of India, The Citizenship Act (1955) including Section 4 – Section 10 with Article 10,
Article 11, Article 19, Article 21 & the last one – ‘Corporation is Not a Citizen’ including
Article 19 (1)(a), Article 19 (1)(f), Article 19 (1)(g) and Article 32. Various methods of
obtaining Citizenship and termination/cessation of the citizenship are discussed in
detail to provide a crystal clear understanding on the topic studied.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

4. Introduction

The term ‘Citizenship’ in the field of law has a specific meaning. The legal right to be a
citizen of a particular country is called citizenship. In simple words, a citizen of a state is
a person who enjoys full civil and political rights in a country. In India, our constitution
does not define Citizenship. The constitution deals with citizenship in certain
circumstances. Here, we are going to discuss about how a person gets citizenship in
India. We shall also discuss various amendments to reach to the present day citizenship.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

5. The Constitutional Provision

India is a federation having two levels of governments but they don’t have separate
citizenship.

Citizenship

Centre Government State Governments

Indian Citizenship

However, Article 5 to Article 11 in the constitution lay down as to who are the citizens
of India at the commencement of the constitution that is on January, 1950. Now, what is
meant by the commencement of the constitution?

a) Citizen by Domicile (Article 5):

Every person who has his domicile in the territory of India and –

i) Who was born in the territory of India;

ii) Either of whose parents was born in the territory of India;

iii) Who has been ordinarily resident in the territory of India for not less than five years
immediately preceding such commencement.

The term domicile is not defined in the constitution. Article 5 draws a distinction
between domicile and residents. Only domicile or only resident is not enough to make a
person an Indian citizen. As such, domicile person with five years residency in India can
be a citizen of India.

A minor takes the domicile of his father1. A married woman takes the domicile of her
husband2. There cannot be a domicile of a state3. There cannot be a separate domicile of
state in view of Article 5 of the constitution4.

1
Dawood Mohd. V. Union of India, AIR 1969 Gujrat 79
2
Karinum Nisa V. State of MP, AIR 1955 NAG 6
3
Animesh Sil V. State of Bihar, 2011 (1) Pat LJR 1164 (1167)(Pat-DB)
4
Aisha Singh V. State of Jharkhand, AIR 2002 (NOC) 210 (JHAR); Madhu Arya V. State of Uttarakhand, AIR 2011
UTR 50: 2011.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

b) Citizens by Migration:

The Independence of India was accompanied by a large scale migration of people from
Pakistan. As these people belonged to the territory which ceased to be a part of India
after the independence, they could not be regarded as Indian Citizens under Article 5
and therefore, special provisions had to be made for them in the constitution. A person
who fulfilled either of the following two conditions:

i) in case he migrated to India before July 19, 1948, he had been ordinarily resident in
India since the date of his migration; or

ii) in case, he migrated on or after July 19, 1948, he had been registered as a Citizen of
India.

A person could so registered only if he had been resident in India for at least six months
preceding the date of his application for registration. The migration envisaged in Article
6 only means coming to India from outside5.

It must have taken place before and not after the commencement of the Constitution6.

c) Citizens by Registration:

According to Article 8, a person who, or either of whose parents or any of whose

grandparents were born in India (before Independence) but who is ordinarily residing
in any country outside India and Pakistan may register himself as a citizen of India with
diplomatic or consular representative of India in the country of his residence. The
provision confers Indian Citizenship on a person who has no domicile in India and it
seeks to cover the overseas Indians who may want to acquire Indian Citizenship.

d) Termination of Citizenship:

Under Article 7, a citizen of India by domicile or by migration ceases to be citizen if he

has migrated to Pakistan after 1 March, 1947. If, however, after migration to Pakistan,
he has returned to India under a permit of resettlement or permanent return, he can

5
Shanno Devi V. Mangal Sen, AIR 1961 SC 58: (1961) 1 SCR 576
6
Union of India V. Karam Ali, AIR 1970 A&N 1416

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

register himself as a citizen of India in the same manner as a person migrating from
Pakistan after July 19, 19487.

e) Dual Citizenship:

Under Article 9, no person can be a citizen of India under Article 5, Article 6, and Article
8, if he has voluntarily acquired the Citizenship of a foreign country. This provision does
recognize the principle that no Indian citizen can claim a dual or plural citizenship.
However, this is subject to parliament’s power under Article 11 to provide for inter alia,
the acquisition of citizenship. Article 11, of Parliament to regulate the right of
Citizenship by law – nothing in the foregoing provision of this part shall derogate from
the power of parliament to make any provision with respect to the termination of the
Citizenship and all other matters relating to the Citizenship.

7
State of Bihar V. Amar Singh, AIR 1955 SC 282: (1955) 1 SCR 1259

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

6. The Citizenship Act, 1955

Article 11expressely empowers parliament to make a law to provide for such matters
and accordingly, parliament has enacted The Citizenship Act, 1955 to provide for the
acquisition and determination of Indian Citizenship. In this connection, reference may
be made to entry 17, List I, which runs as “Citizenship, Naturalization and Aliens”. Thus,
Parliament has exclusive power to legislate with respect to “Citizenship”.

Article 10 also says that a person who is a Citizen of India under Article 5 to Article 8
shall subject to any law made by parliament, continue to be such a Citizen. This means
that the law enacted by the Parliament can make changes even in Article 5 to Article 8.

The act provides for following ways for acquiring Indian Citizenship –

a) Citizenship by Birth:

According to Section 3, a person born in India on or after 26 January 1950 but before
the commencement of the Citizenship (amendment) Act, 1986 and those born in India
on or after such commencement and either of whose parents is a citizen of India at the
time of his birth is a citizen of India by birth. It excepts-

i) His father possesses diplomatic immunity and is not an Indian Citizen.

ii) His father is an enemy alien, and his birth occurs at a place under enemy occupation.

b) Citizenship by Registration:

Sec. 5 deals with Citizenship by registration. The following categories of persons, if not
already citizen of India, can be registered as Indian Citizen, after taking an oath of
allegiance:

i) Person of Indian origin ordinarily resident in India and residing there for six
months immediately preceding the application for registration.
ii) Women married to the Indian Citizen.
iii) Minor Children of India
iv) Person of full age and capacity who are Citizens of a commonwealth country.

In spite of a certificate of registration under Sec. 5(j)(c) of The Citizenship Act, 1955
having been granted to a person and in spite of his having been enrolled in the voters’
list, the question whether he is a Citizen of India and hence qualified for, or disqualified

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

from, contesting an election can be raised before and tried by the high court hearing an
election petition8.

d) Citizenship by Naturalization:

Sec. 6 deals with Citizenship by Naturalization. A person of full age and capacity who is a
citizen of a non-commonwealth country may become a citizen by naturalization, if the
Central Govt is satisfied that he fulfils the conditions laid down in the Act. These
conditions are –

i) He is not a subject or citizen of a country where Indian citizens are prevented from
becoming citizens by naturalization.

ii) He renounces his citizenship of the other country.

iii) He has raised and/or been in Govt service for 12 months immediately preceding the
date of application.

iv) He bears good character.

v) He has adequate knowledge of a language recognized by the Constitution.

vi) After naturalization, he intends to reside in India, or enter into service with Govt.,
International Organizations, or a society or company in India.

e) Citizenship by Incorporation of Territory:

Section 7 provides for citizenship by incorporation of territory. On any territory

becoming a part of India, the central govt. May notify the person who shall be citizen of
India by reasons of their connection with that territory.

f) Commonwealth Citizen:

A citizen of a Commonwealth country has the status of a Commonwealth citizen in India.

The central govt may, by an order notified in the official gazette, make provision, on a
basis of reciprocity, for the conferment of all or any of the rights of an Indian citizen of a
Commonwealth country.

g) Dual Citizenship:

There have been two amendments in the Citizenship Act, 1955 to provide for dual
citizenship. The first amendment was made in 2003 [Citizenship (Amendment) Act,

8
Hari Shankar Jain V. Sonia Gandhi (2001) 8 SCC 233 at Page 250: AIR 2001 SC 3689.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

2003] and two years later, the second amendment was made [Citizenship (Amendment)
Ordinance, 2005]. The Citizenship (Amendment) Act, 2003 provides for acquisition of
overseas citizenship of India by person of India origin of 16 specified countries other
than Pakistan and Bangladesh. This amendment provides for the manner and methods
by which a person could acquire a citizenship of India and its revocation. In 2005, the
act was further amended to

i) Expand the scope of grant of overseas citizenship of India to persons of Indian origin
of all countries except Pakistan and Bangladesh,

ii) Reduce the period of residence in India from two years to one years for person
registered as overseas citizen of India to acquire Indian Citizenship.

This concept is distinct from Indian Citizenship in more than one ways; with regard to
the procedure of grant of citizenship and its consequent privileges after registration and
also for the cancellation of the citizenship.

Section 8 provides that an Indian citizen of full age and capacity, who is also a citizen or
national of another country, can renounce his Indian Citizenship by making a
declaration to that effect and having it registered. However, registration of such
declaration is withheld when made during a war in which India may be engaged.

When a make person renounced his Indian Citizenship, every minor child of his also
ceases to be Indian Citizen, though, such a child within a year of his attaining full age,
may resume Indian Citizenship by making a declaration to that effect9.

Cessation of Citizenship:

Section 9 provides for termination of India Citizenship upon acquisition of citizenship of

another country which event entails cessation of citizenship of India.

According to Section 9, a citizen of India ceases to be so on his voluntary acquiring

citizenship of another country by Naturalization, Registration or otherwise. This
provision does not apply during a war in which India may be engaged.

It is determined by the competent authorities in such a manner as prescribed by the

rules as to when or how any person has acquired citizenship of other country. Under

9
Satish Nambiar V. Union of India, AIR 2008, Bom 158; Mr Craig Maxwell Sterry V. Ministry of Home Affairs

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

Rule 30 of the Citizenship Rules, Central Govt acts in a quasi-judicial capacity while
discharging this function10.

Voluntary obtaining passport of a foreign country is, according to the Citizenship Rules,
conclusive proof of an Indian Citizen having voluntarily acquired citizenship of that
country11.

Leading Case of Lal Babu Hussein V. Electoral Registration Officer, AIR 1995 SC 1189.

Facts of the case: The name of a person entered in an electoral roll was deleted on the
ground of his citizenship being suspect. The Supreme Court quashed the order on the
ground that the procedure followed by the Electoral Registration Officer was flawed.

Issues of the case: The Supreme Court emphasized that a person must be a citizen of
India for his name to be included in the Electoral Roll. Therefore, a non-citizen cannot
be registered in an electoral roll. When the name of a person is already entered in the
Electoral Roll, his name can only be removed after giving his reasonable opportunity of
being heard12.

Deprivation of Citizenship

Under Section 10, Citizens of India by Naturalization, Marriage, Registration, Domicile

and Residence may be deprived of Citizenship by an order of the Central Govt., if it is
satisfied that:

a) The Registration or Naturalization was obtained by means of fraud, fake

representation or concealment of any material fact13.

b) He has shown himself by act or speech to be disloyal or disaffected towards Indian

Constitution.

c) During a war in which India may be engaged, he had unlawfully traded or

communicated with enemy.

d) Within five years of his registration or naturalization, he has been sentenced to

imprisonment for not less than two years.

10
State of UP V. Shah Mohd. AIR, 1969 SC 1234; State of Gujarat V. Ibrahim, AIR 1974 SC 645
11
Izhar Ahmed khan V. union of India, AIR 1962 SC 1052; S K Moinuddin V Govt of India, AIR 1967 SC 1143
12
Lal babu Hussein V. Electoral Registration Officer, AIR 1985, SC 1189
13
Ghaurul Hasan V State of Rajasthan, AIR 1967 SC 107

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

e) He has ordinarily residing out of India for seven years continuously. The provision
does not apply if he is a student abroad, or is in the service of a Govt in India, or an
International organization of which India is a member or has registered annually at an
India Consulate his intention to retain his Indian Citizenship.

Expulsion of a foreigner:

The Supreme Court has asserted that the power of Govt. To expel a foreigner is absolute
and unlimited. There is no provision in the Constitution fettering this discretion of the
Govt.

A foreigner has no right to claim Indian Citizenship. No foreigner can claim to stay in
India as a matter of Right. A foreigner can claim the protection to his life and liberty
under Act 21 but the Right to Reside and Settle in India as conferred by Act 19(1)(d) is
available only to the Citizens of Indian and not to non-citizens.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

7. Corporation Not a Citizen

The Corporation is a Government company registered under Indian Companies Act and
consists only of the President of India and the Secretary of the Ministry of Commerce as
its shareholders. Certain Fundamental Rights, conferred by the Indian Constitution to
the ‘person’ or ‘citizens’, therefore are not available to these corporations.

The basic question once arose was whether a corporation was a citizen. The Supreme
Court answered the question in negative, confirming that corporation cannot be treated
as Citizen. The court argued that the Indian Constitution does not define citizenship.
Article 5 to Article 9 of the Constitution deal with Citizenship in certain circumstances
only, but the tenor of these Articles is such that they cannot apply to a juristic person14.

The Govt. Of India appointed a Fact Finding Committee to enquire into the economics of
the newspaper industry. This was sought to be challenged through writ petition filed by
the Statesman, a company and a shareholder of the company. The High Court held that
though the company as such had no Fundamental Rights, the shareholder had and so
the petitions were maintainable. “The press reaches the public through the newspaper.
The shareholders speak through the editors”

Because of these clear cut interpretations by the court, the petitioner couldn’t defend its
client (shareholders) in the High Court and lost the case wherein they were seeking
Freedom of Expression under Article 19(1)(g) to the company while it is available only
to a citizen and to none else.

Similarly, a Municipal Committee is not regarded as a citizen within the meaning of the
Article 19 of the Constitution of India15.

14
Statesman V. Fact Finding Committee, AIR 1975 Cal. 14
15
Amritsar municipality V. State of Punjab, AIR 1969 SC 1100

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

8. Conclusion

From the ongoing discussion, it can clearly be concluded that even though, the
Constitution of India doesn’t define explicitly what is Citizenship but various
Proceedings, Acts, Articles, Case laws, and Judgements lay a good foundation to define
and interpret what Citizenship of India is and who are privileged to have the right to be
called as Citizens of India.

It provided us with great clarity an understanding on the rules and regulations for
obtaining Citizenship and also the detailed procedural formats required to ascertain the
legitimate solutions of isolated yet complex cases pertaining to the Citizenship.

S S JAIN SUBODH LAW COLLEGE

 CITIZENSHIP

9. Bibliography

Books referred:

Bakshi, P.M., The Constitution of India (2010). Universal Law Publishing Co. , New Delhi.

Constitution of India. (1988). Kanoon Prakashan, Jodhpur.

Jain, M. P., Indian Constitutional Law, (7th Ed) (2014). LexisNexis Publication, Gurgaon,
Haryana.

Pandey, Dr. J. N., The Constitution Law of India (2010). Central Law Agency, Allahabad.

Websites referred:

www.lawoctopus.com

www. indiacode.nic.in/coiweb/welcome.html

Acts Referred:

The Citizenship Act, 1955

S S JAIN SUBODH LAW COLLEGE