Citizen and Constitution

A citizen of a state is the one who enjoys full civil and political rights conferred by the Constitution .A citizen is a subject of state .The social contract that many political thinkers have talked about ,exist between a citizen & the state .States and the citizen are duty bound towards each other .

Citizenship -A citizen enjoy privileges in a certain dominion with respect to the governing state of that dominion .The basis of this treatment is his / her full time membership in a political community or the State.this membership is known as citizenship and by its virtue only, a citizen begets rights & duties .Provisions of citizenship have been laid in part II of  the constitution of India .

Citizenship in general is available to only natural persons and not Incorporated entities like a company or partnership firm etc.

Domicile:in simplest sense, domicile is a place where you have been living .generally,domicile of a person said to be in that country where he either has or is deemed by law to have his permanent house.

Now coming to the features of Citizenship ,as provide under the constitution.

FEATURES:

*Following are the features of Citizenship of India:

Source: Citizenship in India is not only based upon constitutional provisions but on parliament 's  legislation too.

Part 2 of the Indian Constitution provides for the recognition Citizenship of people.This provision is only consider with citizenship of people at the time of commencement of Constitution.

Article 11 of the same  part confers powers upon the parliament to make laws with regard to citizenship in future . Parliament of India has enacted Citizenship Act in 1955, in exercise of power under this article .This Act contains the very basic provisions regarding citizenship of person ,beyond the date of commencement of constitution.

Thus,for complete understanding regarding law related to citizenship ,we need to learn both,the constitutional provisions and the Act of 1955.

Article 9- persons voluntarily acquiring citizenship of a foreign state not be citizen.

No person shall be a citizen of India by virtue of article 5 ,or be deemed to be citizen of India by virtue of article 6 or article 8,if he has voluntarily acquired the citizenship of any foreign state.

The question as to whether  a person has lost his citizenship of India and has acquired citizenship of foreign country has to determined by central government (government of India).It is only when Central Government has decided this question , a state government can deal with a person as a foreigner.

It may be that a passport from a foreign government is obtained by a citizen and the case falls under the impungnment rule, the conclusion may follow that he  has acquired the citizenship of a foreign state .but this conclusion must be drawn by an appropriate authority authored under the Citizenship Act ,1955 to inquire the question.

The constitution does not prohibits parliament from allowing dual citizenship,or conferring upon a foreign  citizen, Indian citizenship or any such thing .Parliament of India holds unlimited powers with respect to that.

This bring us to the next feature of Citizenship in India.

Citizenship once acquired exists as a right of citizens,which cannot be otherwise taken away.of course, ultimate powers rest with Parliament and it can  terminate citizenship of any citizen through law,but it has to be done through a valid act of parliament .nothing less than that can affect the status of a person as a citizen .This has been provided under  Article 10 as follows:

10.Every person who is or is deemed to be a Citizen of India under any of the foreign provisions of this part shall,subject to the provision of any law that may be made by Parliament ,continue to be such citizen.

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FULL DISCUSSION DETAILS ABOUT THE OBJECTIVE ,SOLUTIONS AND PROBLEMS OF CITIZENSHIP AMENDMENT BILL,2019- CAB 2019.

The main purpose of Citizenship Amendment Bill,2019 is to amend the Citizenship Act 1955 and ease out the process of migration for:-

6 Communities :Hindus ,Sikhs ,Buddhist ,Janis ,Parsis

Christian belonging from

3 Countries :- Pakistan,Afghanistan  and Bangladesh.

Many things should be taken notice of while understanding the impact of Citizenship Amendment Bill,2019- CAB 2019, example-NRC,migration laws,Refugee laws,protests in North East State of India ,Assam Accord ,etc.

NRC-Election Promises maser in Assam,West Bengal& Bihar included that the "outsiders' shall be evicted.

NRC conducted .31st August 2019 final list published.

The religion of person who could not prove their citizenship included both Hindus & Muslims.

Subsequently ,The Citizenship(Amendment ) Bill,2019 was introduced in LokSabha by Minister of Home Affairs, Mr. Amit Shah ,on December 9 ,2019.The bill seeks to amend the Citizenship Act,1955.it includes-

1. Exception to the definition of "illegal migrants"[Section 2(1)(b)] as-"Provided that any person belonging to Hindu,Sikh,Buddhist ,Jain,Parsis or Christian  community from Afghanistan,Bangladesh or Pakistan,who entered into India on or before the 31st day of December,2014 who has been exempted by the Central Government by or under clause (c)of sub-section(2)of section 3 of the Passport (Entry into India)Act,1920 or from the application of the provision of the Foreigners Act,1964 or any rule or ordered made  there under,shall not be treated as illegal migrant for 

Limitations on the basis of Religion AND place of Origin

2.Section 6 B added with regard to illegal migrants Section[2(1)(b)].

6 B.(1) The Central Government  or an authority specified by it in this behalf may, subject to such conditions,restrictions and manner as may be  prescribed, on an application made in this behalf of naturalization to a person referred to in the proviso to clause (b)of sub-section (1)of section 2.

(2) Subject to fulfillment of the conditions specified in section 5 or the qualifications for naturalization under the provisions of the Third Schedule ,a person granted the certificate of registration or certificate of naturalization under sub-section(1)shall be deemed to be citizen of India from the date of his entry into India.

(4)Nothing in this section shall apply to tribal area of Assam ,Meghalaya, Mizoram or Tirpura as included in the Sixth Schedule to the Constitution and the area covered "The Inner Line " notified under the Bengal Eastern Frontier Regulation 1873.

3. Section 18(2)(eei) added which grants power to central govt,to make  rules regarding "the conditions,restrictions and manner for granting certificate of registration and manner for granting certificate of registration or certificate of naturalism under sub section (1)of section 6 B,".

Following provision has been added -

"provided that for the person belonging to Hindu,Sikh,Buddhist, Jain,Paris or Christian community in Afghanistan,Bangladesh or Pakistan ,the aggregate period of residence or service of Government in India as required under this clause  shall be read as "not less than five years"in place of "not less than eleven years".