Citizenship Of India & Identification of an Indian Citizen

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Foreigners Division  Ministry of Home Affairs Government of India

The Division deals with all matters relating to visa, immigration, citizenship, overseas citizenship of India, acceptance of foreign contribution and hospitality.

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Foreigners Division Acts


Constitutional Provisions

Part II – Citizenship

5. Citizenship at the commencement of the Constitution

At the commencement of this Constitution every person who has his domicile in the territory of India and—
(a)who was born in the territory of India; or
(b)either of whose parents was born in the territory of India; or
(c)who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement,
shall be a citizen of India.

6. Rights of citizenship of certain persons who have migrated to India from Pakistan

Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—
(a)he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b) (i)in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or
(ii)in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

7. Rights of citizenship of certain migrants to Pakistan

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

8. Rights of citizenship of certain persons of Indian origin residing outside India

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens

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

10. Continuance of the rights of citizenship

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

11. Parliament to regulate the right of citizenship by law

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

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Fundamental rights reserved for Citizen of India Only

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

16. Equality of opportunity in matters of public employment

17. Abolition of untouchability

18. Abolition of titles

19. Protection of certain rights regarding freedom of speech, etc.

29. Protection of interests of minorities

30. Right of minorities to establish and administer educational institutions

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The Citizenship Act, 1955

An Act to provide for the acquisition and determination of Indian citizenship

1. Short title
2. Interpretation
3. Citizenship by birth
4. Citizenship by descent
5. Citizenship by registration
6. Citizenship by naturalisation
6A. Special provisions as to citizenship of persons covered by the Assam …
7. Citizenship by incorporation of territory
7A. Registration of overseas citizens of India. —
7B. Conferment of rights on overseas citizens of India
7C. Renunciation of overseas citizenship
7D. Cancellation of registration as overseas citizen of India
8. Renunciation of citizenship
9. Termination of citizenship
10. Deprivation of citizenship
11. Commonwealth citizenship
12. Power to confer rights of Indian citizen or citizens of certain …
13. Certificate of Citizenship in case of doubt
14. Disposal of application under
14A. Issue of national identity cards
15. Revision
15A. Review
16. Delegation of power
17. Offences
18. Power to make rules
19. Repeals

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Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

An Aadhaar number, in physical or electronic form subject to authentication and other conditions, as may be specified by regulations, may be accepted as proof of identity of the Aadhaar number holder for any purpose

Unique Identification Authority of India

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