Citizenship Act 1955

Background

  • An Act to provide for the acquisition and determination of India citizenship
  • The act has been amended four times during 1986, 1992, 2003 and 2005

Acquisition of Citizenship

  • Citizenship by birth
  • Citizenship by descent
  • Citizenship by naturalisation
  • Citizenship by registration
  • Citizenship by incorporation of territory

Termination of Citizenship

  • Renunciation of Citizenship
  • Termination of citizenship
  • Deprivation of citizenship

Glossary

  • Minor
  • person who has not attained the age of 18 years
  • illegal migrant
  • foreigner without a valid passport
  • foreigner who remains beyond the permitted period of time
  • overseas citizen of India
  • Citizen of India origin being a citizen of a specified country
  • person registered as an overseas citizen of India by the Central Government under section 7A
  • Undivided India
  • India as defined in the Government of India Act, 1935
  • Ordinary resident in India if
  • resided in India through the period of twelve months immediately before making an application resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years

 

Termination of Citizenship

Renunciation of Citizenship

  • any citizen of India of full age and capacity can renounce his Indian Citizenship
  • declaration has to be registered by the prescribed authority
  • declaration of renunciation is withheld during any war engaging India
  • Every minor child of the renounced person will also cease to be a citizen of India
  • such child can again become a citizen of India by declaration within one year after attaining full age

Termination of Citizenship

  • Any person voluntarily acquiring the citizenship of another country will cease to be a citizen of India

Deprivation of Citizenship

  • Central Government may, by order, deprive any citizen of India citizenship, if
  1. registration or certificate of naturalisation was obtained by means of fraud
  2. has shown himself by act or speech to be disloyal or disaffected towards the construction of India
  3. unlawfully traded or engaged in any business to assist an enemy during the war
  4. citizen is sentenced for two years in any country within five years of registration or naturalisation
  5. citizen stays out of India for a continuous period of seven years without any educational or official purpose

Fundamental Rights

Composition

  • Part III
  • Articles 12 to 35
  • Initially 7 articles
  • At present 6 articles
  • Article 31 – Right to property has been removed
  • 44th amendment act 1978
  • it is now a legal right under article 300 A of part XII

Articles

  • Article 12
  • Definition of state
  • Article 13
  • Laws inconsistent with or in derogation of the fundamental rights
  • Articles 14 to 18
  • Right to Equality
  • Articles 19 to 22
  • Right to Freedom
  • Articles 23 to 24
  • Rights against exploitation
  • Articles 25 to 28
  • Right to freedom of Religion
  • Article 32
  • Right to Constitutional remedies
  • Article 33
  • Power of Parliament to modify the rights in Part III
  • Article 34
  • Restriction on rights during martial law in force
  • Article 35
  • Legislation to give effects to the provisions of Part III

Characteristics of Fundamental Rights

Fundamental rights are not absolute rights

  • they are qualified in nature
  • State can impose restrictions as per court standards

Fundamental rights are not permanent

  • they can be amended by constitutional amendment

Fundamental rights can be suspended during emergency

Fundamental rights are Justiciable

  • People can move the courts in case of violation

Guaranteed by Supreme Court

  • aggrieved person can approach the Supreme court directly no need to appeal to the subordinate courts

Article 12 “the State”

The term “State” comprises of

  • Government and Parliament of India
  • Government and the Legislature of each of the States
  • all local or other authorities within the territory of India
  • all local or other authorities under the control of the Government of India

Article 13

Laws inconsistent with fundamental rights

  • laws inconsistent with the provisions of Part III are deemed to be void any “law” made by State which takes away or abridges the rights under Part III are void

The term “Law” includes

  • Ordinances
  • An authoritative order
  • Orders
  • a written direction of a court of judge
  • bye-laws
  • a regulation made by a local authority or corporation
  • Rules
  • Regulations
  • A rule or directive made and maintained by an authority
  • Notifications
  • Customs laws
  • laws established by or based on custom rather than common law or statute

Right to Equality Article 14 to 18

Article 14 – Equality before law

  • State shall not deny to any person equality before the law
  • State shall not deny to any person equal protection of the law

Article 15 – Prohibition of discrimination

  • State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth
  • No citizen shall, on ground only of religion, race, caste, sex, or place of birth is restricted
  1. to access shops, public restaurants, hotels and places of public entertainment
  2. to use of wells, tanks, bathing ghats, roads and places of public resort maintained out of State funds
  • Special case : State is not prohibited from making
  • special provision for advancement of socially and economically background classes
  • special provisions for women and children

Article 16 – Equality of opportunity

  • No citizen shall, on ground only of religion, race, caste, sex, or place of birth is discriminate for employment
  • all citizens must have equal opportunity for employment to any office under the State
  • Special case
  • state is not prohibited from making special provisions for reservation or promotions of background classes
  • state cannot impose restrictions on religious institutions regarding election of their official from same religion

Article 17 – Abolition of Untouchability

  • Practice of untouchability in any form is forbidden
  • Untouchability is an offence punishable in accordance with law

Article 18 – Abolition of titles

  • State shall not confer any titles
  • citizen of India shall not accept any title from any foreign state
  • Foreign nationals holding office of profit under India, government cannot accept any present, emolument, or office of any kind from or under any foreign state without the consent of President
  • Foreign nationals holding office of profit under India, government can accept foreign titles only after the consent of President

Right to Freedom Article 19 to 22

Article 19

  • All citizens have the right to
  1. freedom of speech and expression
  2. assemble peaceably and without arms
  3. form associations or unions
  4. move freely throughout the territory of India
  5. reside and settle in any part of the territory of India
  6. practice any profession, or to carry on any occupation, trade or business

Exceptions

  • Rights 19(d) and 19(e) can be restricted for the protection of Scheduled Tribes
  • right under article 19(g) doesn’s prevent state from making any law
  • to demand professional or technical qualifications for practising any profession or occupation, trade or business
  • to control any trade, business, industry or service, whether to the exclusion, complete or partial by the state

Article 20

  • Protection in respect of convict for offences
  • No person shall be
  • convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence

-2. No Person shall be prosecuted and punished for the same offence more than once

-3. No person accused of any offence shall be compelled to be a witness against himself

Article 21

  • Protection of life and personal liberty
  • No person shall be deprived of his life or personal liberty except according to procedure established by law

Article 21 A

  • Right to education
  • The state shall provide free and compulsory education to all children of the age of six to fourteen years
  • Inserted by 86th Constitution Amendment Act, 2002
  • Right of Children to free and compulsory education (RTE) Act, 2009

Article 22

  • Protection against arrest and detention in certain cases
  1. NO person who is arrested shall be
  • detained in custody without being informed
  • denied the right to consult and to be defended by, a legal practitioner of his choice
  1. Prisoner
  • shall be produced in court within a period of twenty-four hours after arrest
  • excluding the time for journey to the court
  • shall not be detained in custody beyond the said period without the authority of a magistrate

Exceptions

  • Article 22(1) and 22(2) doesn’t apply to
  • enemy aliens
  • persons arrested or detained under preventive detention
  • Preventive detention
  • “the imprisonment of a person to prevent him from committing further offences”
  • NO law can authorise preventive detention for a period longer than three months
  • In order to extend the period of Preventive detention longer than three months
  • an advisory body consisting of high court judges shall be constituted detained person shall be given an opportunity to defend in court

 

Right against Exploitation

Articles 23 & 24

Article 23

  • “Prohibition of traffic in human beings and forced labour”
  • Traffic in human beings, beggary and other similar forms of forced labour are prohibited
  • Exception
  • State can impose compulsory services for public purpose

Article 24

  • Prohibition of employment of children in factories, etc.
  • No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment

 

Right to Freedom of Religion Articles 25 to 28

Article 25

  • Freedom of conscience and free professional, practice and propagation of religion.
  1. all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion
  2. this article does not prevent the state from making laws to
  3. regulate or restrict any economic, financial, political or secular activities associated with religious practices
  4. provide for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus

Article 26

  • Religious denominations have rights
  1. to establish and maintain institutions for religious and charitable purpose
  2. to manage its own affairs n matters of religion
  3. to own and acquire movable and immovable property
  4. to administer such property in accordance with law

Article 27

  • No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination

Article 28

  1. No religious instruction shall be provided in any educational institution wholly maintained out of state funds.
  2. Educational institutions administered by the state but established under any endowment or trust shall important religious instruction
  3. Educational institution recognised by the state or receiving aid out of state funds shall
  4. not demand any person to take part in any religious instructions
  5. not demand any person to attend any religious worship without his will
  6. if such person is a minor, his guardian has to given his consent to attend any religious worship.

Cultural and Educational Rights Articles 29 & 30

Article 29

  1. right to conserve the
  • Distinct language
  • Script
  • Culture
  1. Educational institutions maintained or aided out of state cannot deny admission on grounds of
  • religion
  • race
  • caste
  • language

Article 30

  1. Minorities have right to establish and administer educational institutions based on religion or language
  2. State shall not discriminate any minority education institutions based on religion or language