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1. Citizenship
Citizenship of Migrants to India from
Pakistan (Art.6)
Migrated from Pakistan to India : classified
1. Those who came to India before July
19, 1948
2. Those who came on or after July 19,
1948

2. Art. 6 : a person who has migrated to
India from Pakistan
At the commencement of Constitution
On 26th Jan 1950 if;
He is born in India
Or Either of his parents born in India
Or any of his grandparents were born
in India
as defined in the Government of India
Act 1935 and in addition to above

3. One of the following conditions :
1. In case he migrated to India before July
19, 1948
(the date on which the permit system for
such migration was introduced)
ordinarily residing in India
Since the date of his migration
2. In case he migrated on or after July 19,
1948,
Registered as Indian citizen by appointed
officer

4. Registered if
He has been residing in India for
at least 6 months
immediately before the date of his
application for registration
Art.6 :
Prerequisite of born in India : of own, or
either parents or any of his grandparents
And
Residing since the date of migration or
Registration

5. Art. 7 : Citizenship of Migrants of Pakistan
Under Art 7
A citizen by domicile (Art. 5) or
By migration (Art. 6)
ceases to be a citizen if he has migrated to
Pakistan after 1st March 1947
Exception :
Who return to India on the basis of permit
for resettlement in India
entitle to be citizen if he fulfils other
conditions necessary for immigrants from
Pakistan after July 19, 1948

6. Art. 7 overrides Art. 5 and Art. 6
The term Migrated : voluntarily going
from India to Pakistan permanently or
temporarily
Temporary visit to Pakistan is not migrate
Migration includes a notion of
transference of allegiance from India to
Pakistan
Business visit or travel visit cannot
amount to migration for the purpose of

7. Art. 8
Citizenship of persons of Indian origin
residing outside India :
Art. 8 confers citizenship on Indian
nationals residing abroad on their
complying with its provisions

8. Art. 8 – any person or either or whose
parents or any of grandparents was born
in India;
As defined in Govt. of India Act 1935
And who ordinarily residing in any
country outside India;
deemed to be citizen of India as if ;
he has been registered as a citizen of
India by the Diplomatic or Consular
representatives of India in that country
whether before or after the
commencement of Constitution
as in prescribed form declared by GOI

9. Art. 9 – if a person voluntarily acquires
the citizenship of any foreign State
he shall not be able to claim citizenship
under Art. 5, 6, 8
It deals with voluntary acquisition of
citizenship of a foreign State before the
Constitution
The Citizenship Act of 1955 deals with
such cases of voluntary acquisition of
foreign citizenship

10. Art. 10 – citizen of India under any of the
foregoing provisions shall continue to be
citizen of India
Subject to the provision of any law made
by Parliament
Parliament may take away the right of
citizenship of any person
only under an express law made by the
Parliament
Parliament can not take indirectly the
citizenship of any citizen

11. Art. 11 – Parliament passed the
Citizenship Act 1955
- Provisions of acquisition and
termination of citizenship after the
commencement of Constitution
Five provision for citizenship :
Birth
Descent
Registration
Naturalization
Incorporation of territory

12. Amendment of Citizenship Act : (2003)
Aim :
To provide double citizenship to
overseas citizen of India
Of those specified countries
Mentioned in the new Fourth Schedule to
Act added by the amendment
The Act substituted “illegal migrants”
means (i) who entered into India without
valid passport or other travel documents
(ii) And remained therein beyond the
permitted period of time

13. Overseas Citizens of India –
new clause (ee) of Section 2
Overseas citizens of India means a
person
who
(i) is of Indian origin being citizen of a
specified country or
(ii) Was a citizen of India immediately
before becoming a citizen of specified
country
and is
Registered as an overseas citizen of India

14. Clause (gg) - ‘Specified country’ that country
specified in the Fourth Schedule
Citizenship by birth (S.3)
S.3 (2) – every person born in India
(a) On or after 26th Jan 1950 but before 1st July
1987
(b) On or after 1st July 1987 but before the
commencement of Citizenship (Amendment)
Act 2003 and either of whose parents is a
citizen of India at the time of his birth
(c) On or after the commencement of the Act
where (i) both of parents citizens of India, (ii)
one of parents is citizen of India and other is
not illegal migrant at the time of his birth

15. Citizenship by descent S. 4 (1) :
-A person born outside India shall be
citizen by descent
-(a) on or after 26th Jan 1950 but before
10th of Dec. 1992 if his father is a
citizen of India at the time of his birth
-Or (b) on or after 10th day of Dec. 1992
if either of his parents is a citizen of
India at the time of his birth

16. Citizenship by registration S.5
Any person not being an illegal
migrant ;
Who is not already such citizen by
virtue of the Constitution or any other
provision of this Act
If he belongs to :
(a) Of Indian origin who is ordinarily
resident of India for seven years
before making an application for
registration
(b) Persons of Indian origin who is
ordinarily resident in any country of

17. (c) Person who is married to a citizen of
India and ordinarily resides in India before
making an application
(d) Minor children of Indian Citizens under
this clause
(e) A person of full age and capacity whose
parents are citizens of India
(f) Either of whose parents was earlier
citizen of Independent India
(g) Who has been registered as an overseas
citizen of India for five years and who is
residing in India for 2 yrs before making an
application for registration

18. Citizenship by Naturalisation :
An application in prescribed manner
And applicant not being an illegal
migrant
Qualification for naturalization :
 He must not be a citizen of a country
where Indian citizens are prevented
from becoming citizen by
naturalization
• He has renounced the citizenship of
the other country

19.  He has either resided in India or has
been in Government service for 12
months before the date of making the
application for naturalization or during
7 years prior to these 12 months he
has resided or has been in the
Government service for not less than
four years
• He must taken an oath of allegiance

20. • He is of a good character
• He has an adequate knowledge of a
language recognized by the
Constitution
• That after naturalization being granted
to his, he intends to reside in India or
to serve under the Govt. of India
• Citizenship by incorporation of
territory
if any new territory becomes a part of
India,