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Explained | Who is Indian citizen according to Indian constitution

There is a difference between the Register of Citizenship and the National Population Register. The Register of Citizenship is a list that will record the names of all those people, who will now have evidence of their family being in the country by or before 30 June 1987.

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Once again, the issue of the National Register of Citizens (NRC) is heated up in the country. Union Home Minister Amit Shah has said that the NRC will cover people across the country without seeing religion. In such a situation what will happen if NRC is implemented across the country. This question remains in the minds of many people for the time being. Also, a question is striking is that who can be a citizen of the country. What are the rules for anyone to be a citizen of the country?

How can someone be a citizen of a country?

There are certain conditions for any person to be a citizen of a country. There are two types of theories in this world. One theory says that any person born in the country gets citizenship. An example like America, where any child born gets citizenship.

At the same time, the second theory related to citizenship is related to birth, but it is also related to where your ancestors were from. The Citizenship Act of India is associated with this same type of theory. It explains what kind of people can be citizens of India. Actually, there is no definition of a citizen in the Indian Constitution. Yes, it has been defined who will be a citizen of the country. Please also mention here that the citizenship law in the Constitution of the country came into force from 26 November 1949 while the Constitution came into force from 26 January 1950.

What does the constitution say, who is a citizen of India?

Article five of the constitution of the country says that from the time the country’s constitution came into existence, whoever was born in India will be considered a citizen of the country. Also, whose parents are born in India will be considered as citizens of India. With this, the person who had lived in India for five years before the Constitution came into force, will also be considered a citizen of the country.

It is mentioned in article five that who can be considered a citizen of India, but at the same time, it is important to know about another article which is also Artic 11. This article empowers the Parliament of the country to disseminate citizenship-related things for the future. Under this, the Citizenship Act was made in the year 1955, which was amended several times later.

Section Three of the Citizenship Act 1955

  1. Under the Citizenship Act 1955, Section 3, 4, 5 (1) states that who can be a citizen of India. Section three clearly states citizenship. It clearly states that anyone born between 26 January 1950 and 1 July 1987 will be considered a citizen of India. At the same time, section four says that if a person was born between 1 July 1987 to 2 December 2004 and one of his parents is a citizen of India, then only the child will get citizenship of the country. That is one of the parents of children born between 1 July 1987 to 2 December 2004 is an Indian citizen.
  2. Section 5 (1) states that all those born after 2003 will get citizenship of India only if both their parents are citizens of India. Here in the constitution, it is also said that if a child is born after the year 2003 and only one of its parents is a citizen of India, then he can get citizenship but the condition will be that the parent He is also not a citizen of India, he should not be an illegal migrant.

Citizenship on the basis of registration

A person of Indian origin can register as an Indian citizen under Section 5 (1) (a) of the Citizenship Act, 1955. He can get citizenship on the basis of registration. For this, it is necessary that the person is of Indian origin, who lived till seven years before applying for citizenship in the country.

How does citizenship become invalid?

The Amended Citizenship Act, 1955 does not give the right to any person of the country to get citizenship of two countries. Section 9 of the Citizenship Act, 1955 also mentions the abolition of it. According to the provision, any citizen of India, who gets citizenship of another country on the basis of registration or stay or for any other reason, then the citizenship of his first country is declared invalid.

There is a difference between the National Population Register and the Register of Citizenship

There is a difference between the Register of Citizenship and the National Population Register. The Register of Citizenship is a list that will record the names of all those people, who will now have evidence of their family being in the country by or before 30 June 1987. At the same time, biometric and pedigree data of Indian citizens will be recorded in September 2020 under the National Population Register- NPR. Under the NPR, an ordinary resident is defined as a person who has been residing in the local area for six months or more or a person who has resided in that area for the next six months or longer. I wish you Now in the year 2020, the National Population Register will be prepared.

What documents will be required to prove Indian citizenship?

To prove Indian citizenship, you must have the following documents

1. NRC of 1951
2. Name in voter list till 1 July 1987
3. Record of ownership or tenant of land
4. Citizenship Certificate
5. Permanent Resident Certificate
6. Refugee Registration Certificate
7. License / Certificate issued by any government authority
8. Document certifying service or appointment under a government or a public undertaking
7. Bank or Post Office

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