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Citizenship (Part – 2, Section – 5 to 11) UPSC NOTE

Citizenship (Part – 2, Article – 5 to 11)

  1. Article 5: On January 26, 1950, those persons who were born in India and reside in India were considered Indian citizens.

  2. Those who have lived in India for 5 years before the implementation of the Constitution

  3. Article 6 (i) Citizenship was also granted to those persons who came to India from Pakistan on 19 July 1948 and complied with the following terms

  4. He must have been born in united India or any one of his parents, grandfather, great-grandmother, maternal great-grandmother, maternal great-grandmother,

  5. 1 persons were granted citizenship after residing in India for 6 months

  6. Article 9 – If an Indian man marries a foreign woman, there is a provision to provide citizenship to the children born from them. PV Narasimha Rao's government also provided this right to Indian women in 1992.

  7. Article 11 – The Indian Parliament has the right to make any kind of act regarding citizenship.

  8. There is a provision of single citizenship in India. Unlike America, there is no provision of dual citizenship. In America, every citizen is not only a citizen of America but also a citizen of his own state, whereas in India, there is only a citizen of India.

  9. Citizens of India have the following rights under the Constitution which other citizens do not have.

  10. Some fundamental rights like Articles 15, 16 and 19 are available only to citizens.

  11. Only citizens can be appointed to the posts of Vice President, President, Supreme Court Judge, High Court Judge, Attorney General, Advocate General and Governor etc.

  12. Article 15 prohibits discrimination on grounds only of religion, race, caste, sex, place of birth, or any of them

  13. According to Article 16, all citizens of the country will have equality of opportunity in government services.

  14. According to Article 19, 6 types of freedoms have been given to the citizen –

  15. Article 19(A) – Freedom of speech and expression. The press has been given freedom of expression under Article 19(1). Under this, the citizens of the country have been given the freedom to hoist the national flag. Freedom of thought and expression has been limited by the First Amendment Act of 1951. Government, security of the state, public law and order, morality, contempt of court,Can impose restrictions on freedom of thought and expression on the grounds of relations with foreign states and incitement to commit crimes, etc.

  16. Under Article 19(B), peaceful and unarmed citizens will have the right to assemble and hold processions. In the interest of public security and peace of the states. Freedom can be limited.

  17. Article 19(C) Indian citizens have been given the freedom to form associations or organizations. But soldiers are not given such freedom

  18. Article 19(D) Freedom to travel freely in any area of ​​the country.

  19. Article 19(E) Freedom of permanent residence in any area of ​​the country. (except Jammu and Kashmir)

  20. Article 19(G) Freedom to carry on any trade or business.

Dual citizenship

  1. To provide dual citizenship to NRIs and people of Indian origin settled abroad, in December 2003, the Citizenship Amendment Bill 2003 was passed in both houses of the Parliament on the basis of Lakshmi Mal Sindhvi Committee. Citizenship Amendment Bill 2003 Citizenship Act By removing the four schedules present in 1955, a provision of dual citizenship was made for the non-resident Indians of 16 countries: Switzerland, Australia, Canada, Israel, Portugal, France, Sweden, New Zealand, Greece, Cyprus, Italy, Finland, Ireland, Netherlands, Britain and America.

  2. Rights given to migrants – Prabhatians will have the citizenship of their own country as well as the citizenship of India, under which they will have the following rights.

  3. Persons of Indian origin obtaining such dual citizenship will have freedom of movement in India.

  4. Under this, they will have the right to live in India, acquire property and invest capital.

  5. Voting rights have been granted to overseas Indians in the year 2006

  6. Restrictions imposed on migrants – Overseas Indians have been deprived of the following rights

  7. They will not get any constitutional post in India

  8. The right to equality of opportunity given in Article 16 of the Constitution for public jobs has also not been provided to NRIs.

  9. Objective – India is the second country after China, whose millions of people are settled in 110 countries of the world. Indian immigrants have made great economic progress in many countries including America. To enrich India's foreign exchange fund by getting them to invest capital in India and economic The basic objective is to accelerate development.

Citizenship Amendment Ordinance 2005

  1. The Central Government issued the Citizenship Amendment Ordinance 2005 on 28 June 2005, the provisions of which are as follows:

  2. People of Indian origin who themselves or their parents, grandparents migrated from India after 20 January 1950 or were eligible to become Indian citizens on 26 January 1950 or

  3. Belonging to the land which became part of it on 15 August 1947 Their minor children whose nationality is of a country that allows dual citizenship are eligible to register for Indian citizenship

  4. The population of any state is divided into two classes, that is, citizens and other nationals. All types of civil and political rights are provided to the citizens while other nationals are not.

Citizenship (Amendment) Act-2015

  • President Shri Pranab Mukherjee had implemented the Citizenship (Amendment) Act-2015 with immediate effect from January 6, 2015, under which the following amendments have been made in the Indian Citizenship Act-1955.

  • At present, for Indian citizenship, it is mandatory to stay in India continuously for one year, but if the Central Government is satisfied then it can be relaxed in special circumstances. A special 12 month exemption may be granted, subject to written record of such special circumstances, at staggered intervals up to a maximum of 30 days.

  • OCI of Indian citizens The conditions for registration of minor children as Overseas Citizen of India (OCI) will be liberalized.

  • Children or grandchildren or great-grandchildren of such citizens will have the right to register as Overseas Indian Citizens.

  • The spouse of an overseas Indian registered under section 7A or the spouse of an Indian citizen shall have the right to be registered as an overseas Indian citizen and whose marriage has been registered or subsisted for a period of two years, shall forthwith Can apply under.

  • In respect of existing PIO cardholders, the Central Government may, by notification in the Official Gazette, clarify the date from which the decision to convert all existing PIO cardholders into OCI cardholders should be taken.

  • There is Indian Citizenship Act-1955 for land acquisition, discharge, distress, recognition of Indian citizenship and other related issues. Under this Act, Indian citizenship is provided by birth, generation, registration, merger of place or inclusion in any place in special circumstances, as well as termination of citizenship and in times of crisis.

  • Part 1 of the Indian Constitution declares India to be a Union of States

  • The total number of states mentioned in Part 1 of the Indian Constitution is 28 and the number of Union Territories is 7.

  • Article 1 – Declares the Union of the States and Union Territories of India

  • Article 1 (1) – By this, our country is addressed as Bharat or India in the Constitution (the name of our country is India in the United Nations also)

  • Article 2 – This section empowers the Indian Parliament to constitute a new state

  • Article 3 – This section provides the following rights to the Parliament –

  • That Parliament can create one state by merging two or more states. It can increase or decrease the boundary of any state.

  • It can change the name of any state. Earlier the name of NEFA was changed by the Arunachal Pradesh Parliament only.

  • It is noteworthy that the respective State Legislature has the right to change the name of the cities. Madras, Chennai, Kolkata, Kolkata, Mumbai, the names of these cities have been given by the Legislature of the respective states.

  • After independence, four categories of states were decided in India by including British provinces and native princely states.

  • Category A: These A category states were formed by merging 216 princely states with the provinces of British India – Assam, Bihar, Mumbai, Madhya Pradesh, Madras, Orissa, Punjab, United Province, West Bengal and Andhra category states were completed. was granted autonomy

  • Category B – 275 princely states have been given category B states by forming them into administrative units and not from states Hyderabad, Jammu and Kashmir, Central India, Mysore, PEPSU, Rajasthan, Saurashtra and Travancore – Cochin. Their number was '8' in this category. There were states which had to become independent after remaining under the union for some days.

  • Category C – 61 princely states were integrated and placed in the category of C state. These states were Ajmer, Bilaspur, Bhopal, Durg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura, and Vindhya Pradesh. Their number was 10 and this union were administered territories

  • Category D – Andaman and Nicobar Islands were placed in ‘D’ category, it is also a union territory.

  • Andhra Pradesh was first formed on the basis of India on 1 October 1953 AD.

  • In 1953 AD, a State Reorganization Commission was formed under the chairmanship of Fazal Ali.

  • Apart from the Chairman, the State Reorganization Commission also had two members, Hridaynath Kunzru and KM Panikkar.

  • The Fazal Ali Commission constituted on 22 December 1953 submitted its report to the Central Government on 30 September 1955 in which it made recommendations regarding the reorganization of the states.

  • It is unfair to reorganize states on the basis of language and culture.

  • Reorganization of the states should be done keeping in mind the national security, financial and administrative needs and the success of the five year plans.

  • The states divided into A, B, C categories should be abolished and in their place 16 states and 3 union territories should be created.

  • On 31 August 1956, Parliament accepted the recommendations of the Commission and passed the 7th Constitutional Amendment Act.

  • The number of states was now 14 and there were 5 union territories.

  • Himachal Pradesh got statehood in 1970 AD

  • A new state Kerala was formed by the States Reorganization Act 1956.

  • In 1960 AD, Mumbai province was divided and two new states Gujarat and Maharashtra were formed.

  • Nagaland was formed as a state in 1962 AD

  • In 1966, Punjab was reorganized into Punjab, Haryana and Chandigarh (Union Territory).

  • Manipur, Tripura and Meghalaya were given state status in 1972 AD.

  • Mizoram and Arunachal Pradesh got full state status in 1986 AD

  • Goa attained full statehood in 1987 AD

  • In the year 2000, Uttar Pradesh, Madhya Pradesh and Bihar were reorganized and Uttaranchal, Chhattisgarh and Jharkhand were formed respectively.

  • unification of princely states

  • Before independence, the Indian territory was divided into two categories, British India and native states. The total number of these native states was 600, out of which some 552 princely states merged into the Union of India.

  • There was a lot of difficulty in merging the three princely states of Hyderabad, Junagadh and Jammu Kashmir into India.

  • The princely state of Junagadh was merged with India through referendum. Its Nawab was in favor of merging with Pakistan.

  • The princely state of Hyderabad was annexed to India by military action.

  • Jammu and Kashmir merged with Pakistan after tribal invasion and the king signed the Instrument of Accession.

  • The biggest contribution of the then Home Minister Sardar Vallabhbhai Patel was in all these mergers.

  • sk rate committee

  • The President of the Constituent Assembly, Dr. Rajendra Prasad, constituted it on 27 November 1947 under the chairmanship of SK Dar (retired judge of Allahabad High Court) to evaluate the formation of states on linguistic basis.

  • In its report submitted in December 1948, the committee recommended reorganizing the states on administrative basis.

Section 370 update

Article 370 of the Indian Constitution was an article that gave autonomous status to Jammu and Kashmir. The articles are drafted in Part XXI of the Constitution: Temporary, transitional and special provisions. The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend those articles of the Indian Constitution Which should be implemented in the state or Article 370 should be completely abrogated. After the Jammu and Kashmir Constituent Assembly framed the state constitution and dissolved itself without recommending the abrogation of Article 370, the article was considered a permanent feature of the Indian Constitution.The Modi government introduced a historic resolution in the Rajya Sabha on August 5, 2019, proposing to remove Article 370 of the Constitution from the state of Jammu and Kashmir and bifurcation of the state into two union territories of Jammu and Kashmir and Ladakh. The Union Territory of Jammu and Kashmir will have its own legislature while Ladakh will be a Union Territory without a legislature.

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