INTRODUCTION & HISTORICAL BACKGROUND

The terms 'Citizenship' and 'Nationality' are distinct.

Former is used in domestic or municipal aspect later on
International.
Citizenship is defined as Legal Status that is given to an
individual that entails legal rights and duties.
Jus soli and Jus sanguinis are the two basic principles of
the any citizenship law.
The word 'Subject' in Regulating Act and Charter Act
doesnot contain Indians. British Nationality and Status of
Aliens Act,1914 is first indian citizenship act during
british era it included indians as 'Second class citizens'.
In Trading Corporation of India Ltd and others vs. The
Commercial Tax Officer, Visakhapatnam and ors. 1964
SCR (4) 89
  India is the country where citizenship is included in the
constitution. Article 5-11 contained in Part-II describes about
citizenship.
CASE ANALYSIS:1.State of Gujarat vs. Yakub Ibrahim 1974
AIR 645
2. Sarbananda Sonowal vs. Union of India, AIR 2005 SC 2920
3. Karam Kumar vs. Union of India, 2010 1 72 DLT 521
LITERATURE REVIEW: 1. Rethinking Nationality in India by
Kim Rubenstein - The terms 'Nationality' & 'Citizenship'
explained.
2.The Citizenship Discourse in India by Partha S Ghosh-
Historical Background of citizenship.
3.Citizenship &Allegiance in Constitutional &International law
by w.w.willoughby -Constitutional aspect of citizenship.
 Article 5-9 of Indian Constitution gives who are
citizens of India.ion of
 Under article 10, it was provided for
continuation of detailed provision under other
legislation regarding citizens.
 Section 2(b) of Act defines Citizen.
 Other categories of citizens are as such:
 Non-Residents of India(NRI)
 Person of Indian Origin(PIO)
 Overseas Citizen of India(OCI)
IMPORTANT SECTIONS
 SECTION 3- CITIZEN SHIP BY BIRTH
 SECTION 4- CITIZENSHIP BY DESCENT
 SECTION 5(1)- CITIZENSHIP BY REGISTRATION
 SECTION 6- CITIZENSHIP BY NATURALISATION
 CITIZENSHIP BY INCORPORATION OF TERRITORY.

AMENDMENTS
 Indian Citizenship Amendment 1986
 Indian Citizenship Amendment 1992
 Indian Citizenship Amendment 2003
 Indian Citizenship Amendment 2005
 Indian Citizenship Amendment 2015
 Indian Citizenship Amendment 2019
 ASLAM KHAN v. FAZAL HAQUE KHAN &
Ors.
 STATE OF U.P. v. REHMATULLAH.
 STATE v. ABDUL SUTTAR HAJI IBRAHIM
PATEL.
• The citizenship act and the Indian Penal code have their
widest relation in the sections 1 to 5 of Indian penal code
which deals with Territorial and Extra Territorial
jurisdiction
• the link beween the Indian penal code and citizenship act
are understood by the courts interpretation in various cases
where in which court harmoniously applied the act and
offece constituted under the India Penal code
• Secton 2 of indian penal conde talks about the Intra
territorial jurisdiction where if any foreginer or alien
commits any offence which is punishable under the Indan
penal code then irrespective of his nationality he shall be
punished
• The word “Every Person” is used in the intra Territorial
jusrisdiciton which include foregineres and aliens also.
 Interpretation drawn under various cases

it was established by the supreme court in various cases

that mere residence does not amount to domicile.
supreme court also gave vide interpretation in various
judgments to section 5 and section 9 of Indian citizenship
act 1955 and it also interpreted section 14 of the
foreginers act.
supreme court also explained the Rule 30 of the
citizenship act and how properly interpreted how
volentary acquisiton of passport of diffrent country will
ammount ceziure or terminaiton of Indian citizenship
suprem court also disscused about the burden of proof on
whom it lies
 Harmonious functioning of Citzenship Act with IPC and
other acts
it is established by the courts in various incidents where the
offence though commited outside India it is considerd as it
such offence is commited in India and court shall take
cognizance of the same.
section 3 of Ipc is talks about the Extra Territorial jurisdiction
it is also established that acts like Hindu Marriage act and
peoples representation act can also be harmoniously
interpreted with the Indian Penal code
court established that Article 245(2) has wide interpretation.
Though there are not direct provisons relating the IPC and the
Citzenship act the relation is established in various decisions.
CITIZENSHIP ACT and FOREIGNERS ACT
Cases: Nasir Ahmed vs The Chief Commissioner Delhi AIR 1959 P&H 261
Union of India vs Ghaus Mohammed AIR 1961 SC 1526

CITIZENSHIP ACT and PASSPORTS ACT

Cases: Satwant Singg Sawhney vs Union of India 1967 AIR 1836
Luingam Luithui And Ors vs Union Of India W.P.(C) 1546/2014
Aditya Khanna v. Regional Passport Officer/Passport Authority
W.P.(C)9519/2007

CITIZENSHIP ACT and EMIGRATION ACT

Cases: Emperor versus A.M. Jeevanji (1907) 9 BOMLR 967

CITIZENSHIPACT and REFUGEES

Cases:
The rohingya refugees:
Muhammad Salimullah v UOI WP(C) 793/2017
The case of Tibetian refugees:
Namgyal Dolkar vs Government Of India W.P.(C) 12179/2009
Lobsang Wangyal vs Union Of India W.P.(C) 4275/2016
CASE ANALYSIS
1) Akbar Khan Alam Khan and Ors. v. The Union of India and Ors., AIR 1962 SC 70
2) Nasir Ahmed v. The Chief Commissioner, Delhi and Anr., AIR 1959 P&H 261
3) Christo Thomas Philip v. Union of India and Ors., MANU/DE/0031/2019

LITERATURE REVIEW

The Citizen and Migrant: Postcolonial Anxieties, Law, and the Politics of
Inclusion/Exclusion
This Article examines how the legal subjectivity of the migrant subject is intimately
connected to the construction of the citizenship subject and how both have been
products of the colonial encounter.

Book Review Citizenship and its Discontents: an Indian History

In this book review the author, among other issues, raises two very pertinent questions
regarding the Constitutional and democratic processes in post-Independence India.

Legal Framework of Protection of Refugees in India

This article talks about the remedies available to refugees in other countries and
compares Indian Citizenship law with the citizenship laws of other countries.