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Indian Polity: Part I(Territories and State)and Part II(Citizenship)

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PART -1(Territories and State:  Article 1 to Article 4):

  • India i.e., Bharat shall be union of state. (Article 1).
  • Formation of New states and alteration of their areas, boundaries or name is done after the recommendation of President to Parliament. (Article 3)

PART –II(Citizenship: Article 5 to Article 11):

  • The provisions of citizenship are covered byArticles 5 to 11 of Indian Constitution and are

Embodied in Part II of the Constitution.

  • Citizen by Birth:

1) who born till 1stJuly, 1987:  Are  citizen of India by birth irrespective of their parents nationality.

2) Who born between 1st July 1987 and 1st July, 2003:  Are Indian Citizen if either of their parents are Indian Citizen.

3) Who born after 2003: Are Indian Citizen only if Both of their parents are Indian Citizens.

Citizen by Descent:

  • A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth
  • A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.
  • A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.
  • Citizenship by registration:Indian Citizenship by registration can be acquired by Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before making application for citizenship.
  • Citizenship by Naturalization: Where an application is made in the prescribed manner by any person of full age and capacity not being an illegal migrant for the grant of a certificate of naturalization to him, the Central Government may, if satisfied that the applicant is qualified for naturalization under the provisions of the Third Schedule, grant to him a certificate of naturalization. And If in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule.
  • All the laws on citizenship are made by Parliament.

The Citizenship Act, 1955:

A comprehensive law dealing with citizenswas passed by Parliament in 1955 in accordancewith the powers vested in it by Article 11of the Constitution. The provisions of the Act may be broadly divided into three parts, acquisitionof citizenship, termination of citizenshipand supplemental provisions