Wednesday 24 October 2012

Career Mania 55: GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: CITIZENSHIP: Legal Knowledge CLAT 2013

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GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: CITIZENSHIP: Legal Knowledge CLAT 2013
Oct 24th 2012, 09:12

GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012
The source for all engineering and legal education news in India
CITIZENSHIP: Legal Knowledge CLAT 2013
Oct 24th 2012, 08:39

Hello All, This post is based on the topic Citizenship. From time to time there have been questions from this topic in the various law entrance examinations . Recently in AILET,12 a question based on the citizenship dispute of Ms. Sonia Gandhi was asked from this portion. CITIZENSHIP Citizenship is legal relationship between the state and its population. It confers civil and political rights upon the people who compose the State. The Constitution of India in part II, under Art. 5 to 11, deals with the provisions of citizenship. The Constitution of India provided for single Indian citizenship. The Constitution of India did not lay down permanent or comprehensive law relating to citizenship in India. Instead, it simply described the classes of persons who would be deemed to be the citizens of India at the date of the commencement of the Constitution and left the entire laws of citizenship to be regulated by the Parliament. Indian Citizenship Act, 1955 was passed by the union Parliament which contains elaborate provisions for the acquisition and termination of citizenship subsequent to the commencement of the Constitution. On January 26, 1950, following classes of persons be-came citizens under Article 5 to 8. (1) Art. 5(a) - A person born, and domiciled in India. (2) Art. 5(b) - A person domiciled in the territory of India, either one of whose parents was born in the territory of India, irrespective of the nationality of his parents or the place of birth of such a person. (3)Art. 5 - A person who himself or whose father or mother was not born in India, but who had his domicile in the territory of India and had been ordinarily residing within the territory of India for not less than 5 years immediately preceding the commencement of the Constitution. (4)Art. 6 - A person who had migrated from Pakistan. (5) Art 7 - A person who migrated from India to Pakistan after 1st March, 1947, but had subsequently re- turned to India under a permit issued under the authority of the Government of India for resettlement or permanent return. (6) Art. 8 - A person who himself, or any of whose parents or grandparents was born in ‘India’ as defined in the Government of India Act, 1935, and who is ordinarily residing in any country outside India (whether before or after the commencement of this Constitution), on application in the prescribed form, to the Consular or Diplomatic representative of India in the country of his residence. The Indian Citizenship Act, 1955 was amended in 1986 to check the clandestine influx of persons from Bangladesh, Sri Lanka and other African Countries. Following changes were made - (i) Citizenship of India by birth can be acquired by a person only if either of his parents is a citizen of India at the time of his birth. (ii) Minimum time required for registration has been in-creased from six months to five years. (iii) Women marrying Indian citizens must have been resident of India for five years before making an application.12 (iv) A person from a non-commonwealth country should have lived for 10 years in India to apply for grant of a certificate of naturalization. Citizenship Amendment Act, 2005 The Citizenship Amendment Act, 2005 was passed by the Parliament to make provisions for dual citizenship by amending the Citizenship Act, 1955. The Citizenship Amendment Act, 2005, is to bestow eligibility for registration as Overseas Citizens of India (OCI) on persons of Indian origin, who or whose parents/grandparents have migrated from India after January 26, 1950 or were eligible to become an Indian Citizen on January 26, 1950 or belonged to a territory that became part of India after August 15, 1947, and their minor child, who is a national of a country that allows dual citizenship in some form or other. The eligibility provision is being extended to such citizens of all countries other than those who had ever been a citizen of Pakistan and Bangladesh

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