75 lines
4.0 KiB
Plaintext
75 lines
4.0 KiB
Plaintext
PART II
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CITIZENSHIP
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5. Citizenship at the commencement of the Constitution.—At the
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commencement of this Constitution, every person who has his domicile in the
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territory of India and—
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(a) who was born in the territory of India; or
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(b) either of whose parents was born in the territory of India; or
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(c) who has been ordinarily resident in the territory of India for
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not less than five years immediately preceding such commencement,
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shall be a citizen of India.
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6. Rights of citizenship of certain persons who have migrated to
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India from Pakistan.—Notwithstanding anything in article 5, a person who
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has migrated to the territory of India from the territory now included in
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Pakistan shall be deemed to be a citizen of India at the commencement of this
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Constitution if—
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(a) he or either of his parents or any of his grand-parents was born
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in India as defined in the Government of India Act, 1935 (as originally
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enacted); and
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(b)(i) in the case where such person has so migrated before the
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nineteenth day of July, 1948, he has been ordinarily resident in the
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territory of India since the date of his migration, or
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(ii) in the case where such person has so migrated on or after the
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nineteenth day of July, 1948, he has been registered as a citizen of India
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by an officer appointed in that behalf by the Government of the
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Dominion of India on an application made by him therefore to such
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officer before the commencement of this Constitution in the form and
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manner prescribed by that Government:
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Provided that no person shall be so registered unless he has been resident
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in the territory of India for at least six months immediately preceding the date
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of his application.
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4
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5
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THE CONSTITUTION OF INDIA
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7. Rights of citizeship of certain migrants to Pakistan.—
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Notwithstanding anything in articles 5 and 6, a person who has after the first
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day of March, 1947, migrated from the territory of India to the territory now
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included in Pakistan shall not be deemed to be a citizen of India:
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Provided that nothing in this article shall apply to a person who, after
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having so migrated to the territory now included in Pakistan, has returned to th
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e
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territory of India under a permit for resettlement or permanent return issued by
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or under the authority of any law and every such person shall for the purposes
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of clause (b) of article 6 be deemed to have migrated to the territory of India
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after the nineteenth day of July, 1948.
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8. Rights of citizenship of certain persons of Indian origin residing
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outside India.—Notwithstanding anything in article 5, any person who or
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either of whose parents or any of whose grand-parents was born in India as
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defined in the Government of India Act, 1935 (as originally enacted), and who
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is ordinarily residing in any country outside India as so defined shall be deeme
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d
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to be a citizen of India if he has been registered as a citizen of India by the
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diplomatic or consular representative of India in the country where he is for th
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e
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time being residing on an application made by him therefor to such diplomatic
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or consular representative, whether before or after the commencement of this
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Constitution, in the form and manner prescribed by the Government of the
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Dominion of India or the Government of India.
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9. Persons voluntarily acquiring citizenship of a foreign State not to
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be citizens.— No person shall be a citizen of India by virtue of article 5, or
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be
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deemed to be a citizen of India by virtue of article 6 or article 8, if he has
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voluntarily acquired the citizenship of any foreign State.
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10. Continuance of the rights of citizenship.—Every person who is or
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is deemed to be a citizen of India under any of the foregoing provisions of this
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Part shall, subject to the provisions of any law that may be made by Parliament,
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continue to be such citizen.
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11. Parliament to regulate the right of citizenship by law.—Nothing
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in the foregoing provisions of this Part shall derogate from the power of
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Parliament to make any provision with respect to the acquisition and
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termination of citizenship and all other matters relating to citizenship.
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