Thursday, September 3, 2009

INDIAN CITIZENSHIP

citizenship continues
THERE ARE TWO CATEGORIES OF CITIZENSHIP OF MIGRANTS OF INDIA

1. COMES TO INDIA BEFORE JULY 19 1948 AND LIVING HERE SINCE THEN

2. MIGRATED AFTER 19 JULY 1948 & REGISTER AS CITIZEN BY GOI

  • CITIZENSHIP OF MIGRANT OF PAKISTAN COMES UNDER ARTICLE 7 IT SAYS THAT THE PERSON MIGRATED TO PAKISTAN AFTER 1ST MARCH AND RETURN BACK SUSEQUNTLY UNDER THE PERMIT PROVIDED BY ATHOURITY OF LAW IS CITIZEN OF INDIA
  • CITIZENSHIP OF PERSONS OF INDIAN ORIGIN RESIDING OVERSEA COMES UNDER THE ARTICLE 8
  • CITIZENSHIP ACT 1955 PROVIDE VARIOUS METHOD OF CITIZENSHIPAS FOLLOW
  • CITIZENSHIP OF BIRTH
  • CITIZENSHIP OF DESECNT
  • CITIZENSHIP OF REGISTRATION BY THE MARRIAGE
  • CITIZENSHIP BY NEUTRALIUSATION FOR A FOREIGNER WHO APPLY NEUTRLIZATION TO GOI
  • CITIZENSHIP BY INCORPORATION OF TERROTRY

CITIZENSHIP COULD BBE LOST BY FOOLOWING MANNNER

    1. TERMINATION –BY OPERATION OF LAW WHEN AQUIRE CITIZENSHIP OF OTHER COUNTRY
    2. RENUNCIATION- VOULANTRY ACT
    3. DEPRIVATION- COMPLETE TERMINATION BY GOI AS PERSON HAS BROKEN AN LAW

DUAL CITIZENSHIP

· IT MEANS PROVIDING OVERSEA CITIZENSHIP OF INDIA(OCI) TO THOSE PERSON OF INDIAN ORIGIN IN VARIOUS COUNTRY WHO HAVE AQUIRED CITIZENSHIP THERE

· THE CITIZENSHIP AMENDMENT 2003 PROVIDE DUAL CITIZENSHIP TO RESIDENCE OF 16 COUNTRY

· ACT GIVES OCI TO THOSE WHO

· ISOF INDIAN ORIGIN BEING A CITIZEN OF SPECIFIED COUNTRY

· WAS CITIZEN OF ININDIA IMMEDATLY BEFORE BECOMING CITIZEN TO THAT COUNTRY

· RIGHTS GIVEN UNDER OCI

1. CAN CARYY INDIAN PASSPORT

2. NOT REQUIRE VISA TO ENTER INDIA

3. LEGAL PROTECTION LIKE A CITIZENSHIP

4. RIGHT OF PROPERTY AND INVESTMENT IN INDIA

1. RIGHTS NOT GIVEN TO OCI

1. RIGHT OF VOTING

2. NOT ELEGIBLE TO BECOME MEMBER OF PARLIAMENT

3. NOT HAVE EQUALITY TO GET JOB IN PUBLIC SERVICESFUNDAMENTAL RIGHTS

  • ARTICLE 12 TO 15 DEAL WITH FUNDAMENTAL RIGHT
  • CONSTITUTION DOES NOT DEFINE WHAT FUNDAMENTAL RIGHT ARE IT IS AGREED THAT THESE ARE FUNDAMENTAL AND SUPERIOR TO ORDINARY RIGHTS
  • CANNOT BE ALTERED EXCEPT FOR AMENDMENT IN CONSTITUTION
  • THESE RIGHTS INCORPORATES WITH PROVISION OF THE AMERICAN BILL OF RIGHTS & ARE MORE ELEBORATE THEN ANY OTHER NATION
  • THERE ARE SIX FUNDAMENTLE RIGHTS IN INDIA

    1. RIGHT OF EQUALITY ARTICLE 14-18
    2. RIGHT OF FREEDOM ARTICLE 19-22
    3. RIGHT AGAINST EXPOLITATION ARTICLE 23-24
    4. RIGHT OF FREEDOM TO RELIGION ARTICLE 25-28
    5. CULTURAL AND EDUCATIONAL RIGHT ARTICLE 29-30
    6. RIGHT OF COUNSTITUTIONAL REMEDIES ARTICLE 32

SEVENTH RIGHT OF PROPERTY IS REMOVED FROM LIST AND IS ORDINARY RIGHT NOW