. Citizenship The word ‘Citizen’ is derived from the Latin term ‘Civis’. It means resident of a City State. The Constitution of India provides for a single and uniform citizenship for the whole of India.
Articles to under part II of the Constitution deals with the citizenship. Citizenship Act ( ) The Citizenship Act of provides for acquisition and loss of citizenship after the commencement of the Constitution. This Act has been amended so far nine times. Acquisition of Citizenship According to the Citizenship Act, , the citizenship could be acquired through any of the following methods.
. By Birth : All persons born in India on or after January , are treated as citizens by birth. . By Descent: A person born outside India on or after January , shall be a citizen of India by descent, if his father is a citizen of India at the time of his birth.
. By Registration: A person can acquire citizenship of India by registration with appropriate authority. . By Naturalisation: A foreigners can acquire Indian citizenship, on application for naturalization to the Government of India.
Indian Constitution the “Guardian of the Constitution”. According to Dr. Ambedkar, Article is “the heart and soul of the Constitution”. (a) Habeas Corpus: Safeguards people from illegal arrests.
(b) Mandamus: It protects the petitioner who requires legal help to get his work done by respective public authorities. (c) Prohibition: It prohibits a subordinate court from acting beyond its jurisdiction. (d) Certiorari: It quashes an order issued by a subordinate court by overstepping its jurisdiction. (e) Quo Warranto: It prevents usurpation of public office through illegal manner.
Suspension of Fundamental Rights When the President makes a Proclamation of Emergency under Article , the freedoms guaranteed under Article are automatically suspended. The President can suspend other fundamental rights through specific orders. These orders must be approved by the Parliament. .
By Incorporation of Territory: In the event of a certain territory being added to the territory of India, the Government of India shall specify the persons of that territory who shall be citizen of India. Loss of Citizenship The Citizenship Act of prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation. . It can be voluntarily renounced by a citizen.
. It can be terminated if a person acquires the citizenship of some other country. . The central government can deprive a naturalized citizen, if it satisfied that the citizenship was acquired by fraud, false representation or concealment of material facts or indulges in trade with enemy countries or if the person has been sentenced to imprisonment for a period of years.