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Citizenship: Part II (Article 5-11)
Making final draft for Citizenship was one of the hardest tasks while framing the constitution. The problem was partition of India on the one hand and uniting the princely states on the other. Following decisions were taken as mentioned in the above articles-
1. The people who were born and were living in Pakistan and migrated to India were to be provided Indian Citizenship.
2. The people who were born and living in India and now migrated to Pakistan were not provided Indian Citizenship.
3. People who migrated to Pakistan in 1947 but returned back to reside in India permanently were given Citizenship.
4. The people who were born in India and living abroad but came back, had to be provided citizenship.
Along with the Constitution of India, the Citizenship Act, 1955, is a law relating to citizenship in India.
New Indian Citizenship can be acquired in following ways-
Citizenship of India by registration can be taken by the Persons of Indian origin who themselves or whose parents was born in India (before partition) and who are residing in India for seven years.
Citizenship of India by naturalization can be taken by a foreigner who is residing in India for the last twelve years
Overseas Citizenship of India (OCI)
Person of Indian Origin who migrates from India to other countries except for Pakistan and Bangladesh can be considered for OCI.
The following persons (except Pakistan and Bangladesh) are eligible to apply under OCI scheme:
1.Citizen of another country but previously was a citizen of India.
2.Citizen of another country who was already eligible to become a citizen of India at the time of the commencement of the constitution.
3. Citizen of another country but belong to a territory that became part of India after the 15 August 1947.
4.Child or a grandchild or great-grandchild of such a citizen
OCI is not similar to Dual citizenship as OCI –
●They do not have the right to vote.
●They cannot hold an Indian pass port.
●They are not eligible for constitutional posts.
ट्रिक à¤ारतीय संविधान