The constitution of India provides the framework for citizenship in the country. The provisions related to citizenship are primarily outlined in Part II (Articles 5 to 11) of the Indian Constitution. Here are the key aspects of citizenship in India as per the constitution:
1. Citizenship by Birth (Article 5): A person becomes an Indian citizen if they are born in India on or after the commencement of the Indian Constitution (January 26, 1950), except in cases where the parents of the child are foreign diplomats or enemy aliens.
2. Citizenship by Descent (Article 7): A person can acquire Indian citizenship by descent if either of their parents is an Indian citizen at the time of their birth.
3. Citizenship by Registration (Article 6): Persons of Indian origin who have been residing in India for at least five years can apply for citizenship through registration. The central government has the authority to prescribe the conditions and procedure for such registration.
4. Citizenship by Naturalization (Article 6): Foreigners who have resided in India for at least 11 years can apply for Indian citizenship through the process of naturalization. The central government has the power to specify the conditions and qualifications for naturalization.
5. Overseas Citizenship of India (OCI) (Article 7B): The OCI is a form of long-term visa that provides certain rights and benefits to people of Indian origin who are citizens of other countries. OCI holders do not possess full political rights but enjoy benefits such as multiple entries, exemption from reporting requirements, and parity with non-resident Indians in economic, financial, and educational matters.
6. Persons of Indian Origin (PIO) (Article 8): The constitution also recognizes the category of Persons of Indian Origin (PIO). PIO refers to individuals who or whose ancestors were citizens of India by virtue of the Indian Constitution or the Citizenship Act, 1955, and are now citizens of another country.
It's important to note that the provisions related to citizenship have been further elaborated and modified by the Citizenship Act, 1955, and subsequent amendments. The act and its rules provide detailed guidelines and procedures for various aspects of citizenship, including acquisition, registration, and renunciation.
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