โ๏ธVARIOUS OTHER CASES WHICH REAFFIRMED THE DOCTRINE OF BASIC STRUCTURE
#Salientfeaturesofconstitution
๐ถThe doctrine of basic structure of the constitution was reaffirmed and applied by the Supreme Court in the Indira Nehru Gandhi case (1975).
๐ถ Again, the Parliament reacted to this judicially innovated doctrine of โbasic structureโ by enacting the 42nd Amendment Act (1976).
๐ถ This Act amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground including that of the contravention of any of the Fundamental Rights.
๐ถ However, the Supreme Court in the Minerva Mills case(1980) invalidated this provision as it excluded judicial review which is a โbasic featureโ of the Constitution.
#Salientfeaturesofconstitution
๐ถThe doctrine of basic structure of the constitution was reaffirmed and applied by the Supreme Court in the Indira Nehru Gandhi case (1975).
๐ถ Again, the Parliament reacted to this judicially innovated doctrine of โbasic structureโ by enacting the 42nd Amendment Act (1976).
๐ถ This Act amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground including that of the contravention of any of the Fundamental Rights.
๐ถ However, the Supreme Court in the Minerva Mills case(1980) invalidated this provision as it excluded judicial review which is a โbasic featureโ of the Constitution.
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โ๏ธFEATURES OF BASIC STRUCTURE
#Salientfeaturesofconstitution
๐ถ Supremacy of the Constitution
๐ถ Sovereign, democratic and republican nature of the Indian polity
๐ถSecular character of the Constitution
๐ถSeparation of powers
between the legislature, the executive and the judiciary
๐ถFederal character of the Constitution
๐ถUnity and integrity of the nation
๐ถWelfare state (socio-economic justice)
๐ถJudicial review
๐ถ Freedom and dignity of the individual
๐ถParliamentary system
๐ถRule of law
๐ถHarmony and balance between Fundamental Rights and Directive Principles
๐ถPrinciple of equality
๐ถFree and fair elections
๐ถIndependence of Judiciary
๐ถLimited power of Parliament to amend the Constitution.
๐ถEffective access to justice
๐ถPrinciples (or essence) underlying fundamental right
๐ถPowers of the Supreme Court under Articles 32, 136, 141 and 142
๐ถPowers of the High Courts under Articles 226 and 227.
#Salientfeaturesofconstitution
๐ถ Supremacy of the Constitution
๐ถ Sovereign, democratic and republican nature of the Indian polity
๐ถSecular character of the Constitution
๐ถSeparation of powers
between the legislature, the executive and the judiciary
๐ถFederal character of the Constitution
๐ถUnity and integrity of the nation
๐ถWelfare state (socio-economic justice)
๐ถJudicial review
๐ถ Freedom and dignity of the individual
๐ถParliamentary system
๐ถRule of law
๐ถHarmony and balance between Fundamental Rights and Directive Principles
๐ถPrinciple of equality
๐ถFree and fair elections
๐ถIndependence of Judiciary
๐ถLimited power of Parliament to amend the Constitution.
๐ถEffective access to justice
๐ถPrinciples (or essence) underlying fundamental right
๐ถPowers of the Supreme Court under Articles 32, 136, 141 and 142
๐ถPowers of the High Courts under Articles 226 and 227.
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โ๏ธBASICS OF DIVISION /DEVOLUTION OF POWER
#Salientfeaturesofconstitution
๐ถDecentralisation can be usefully understood as a political process whereby administrative authority, public resources and responsibilities are transferred from central government agencies to lower-level organs of government or to non -governmental bodies, such as community-based organisations (CBOs), โthird partyโ non-governmental organisations (NGOs) or private sector actors.
Conceptually, important distinctions can be made among:
๐ถDeconcentration, in which political, administrative and fiscal responsibilities are transferred to lower units within central line ministries or agencies
๐ถDevolution, in which sub-national units of government are either created
or strengthened in terms of political, administrative and fiscal power
๐ถDelegation, in which responsibilities are transferred to organisations that are โoutside the regular bureaucratic structure and are only indirectly controlled by the central government.
#Salientfeaturesofconstitution
๐ถDecentralisation can be usefully understood as a political process whereby administrative authority, public resources and responsibilities are transferred from central government agencies to lower-level organs of government or to non -governmental bodies, such as community-based organisations (CBOs), โthird partyโ non-governmental organisations (NGOs) or private sector actors.
Conceptually, important distinctions can be made among:
๐ถDeconcentration, in which political, administrative and fiscal responsibilities are transferred to lower units within central line ministries or agencies
๐ถDevolution, in which sub-national units of government are either created
or strengthened in terms of political, administrative and fiscal power
๐ถDelegation, in which responsibilities are transferred to organisations that are โoutside the regular bureaucratic structure and are only indirectly controlled by the central government.
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โ๏ธDECENTRALISATION IN INDIA
#Salientfeaturesofconstitution
๐ถDecentralization can be defined as transfer or dispersal of decision making powers, accompanied by delegation of required authority to individuals or units at all levels of organization even if they are located far away from the power centre.
๐ถ The most significant step in this regard was taken by the historic resolution of the Government of Lord Ripon in 1882. Lord Ripon was the first to initiate what may be called decentralization discourse during the colonial regime.
๐ถ In India the Panchayati Raj Institutions can set an example for the world to emulate in the matter of democratic decentralization. On the first point of decentralization there are broadly three views.
#Salientfeaturesofconstitution
๐ถDecentralization can be defined as transfer or dispersal of decision making powers, accompanied by delegation of required authority to individuals or units at all levels of organization even if they are located far away from the power centre.
๐ถ The most significant step in this regard was taken by the historic resolution of the Government of Lord Ripon in 1882. Lord Ripon was the first to initiate what may be called decentralization discourse during the colonial regime.
๐ถ In India the Panchayati Raj Institutions can set an example for the world to emulate in the matter of democratic decentralization. On the first point of decentralization there are broadly three views.
โ๏ธ DEMOCRATIC DECENTRALISATION IN RULAR AREAS
#Salientfeaturesofconstitution
๐ถAfter independence, rural development forms the crux of Indiaโs development strategy.
๐ถRural development programmes aim at the improvement of the living standards of the rural poor by providing them opportunities for the optimum utilization of their potential through active participation in the development process.
๐ถ In order to improve the participation of rural people in the process of development and involvement in decision -making and decentralized planning,the government of India has made 73rd Constitutional Amendment in 1992 to provide constitutional recognition to Panchayati Raj Institutions.
#Salientfeaturesofconstitution
๐ถAfter independence, rural development forms the crux of Indiaโs development strategy.
๐ถRural development programmes aim at the improvement of the living standards of the rural poor by providing them opportunities for the optimum utilization of their potential through active participation in the development process.
๐ถ In order to improve the participation of rural people in the process of development and involvement in decision -making and decentralized planning,the government of India has made 73rd Constitutional Amendment in 1992 to provide constitutional recognition to Panchayati Raj Institutions.
โ๏ธ73rd AMENDMENT ACT
#Salientfeaturesofconstitution
๐ถ The 73rd Constitutional Amendment Act was passed by the Parliament in April 1993. The Amendment provided a Constitutional status to the Panchayati Raj Institutions in India through insertion of Article 243 to Part IX of Indian Constitution.
๐ถ The Act was enforced upon all the state governments through Constitutional Amendment in Article 243 M, that all states should amend their Panchayat Acts in conformity with the Constitutional provisions.
๐ถ It was meant to provide constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level"
#Salientfeaturesofconstitution
๐ถ The 73rd Constitutional Amendment Act was passed by the Parliament in April 1993. The Amendment provided a Constitutional status to the Panchayati Raj Institutions in India through insertion of Article 243 to Part IX of Indian Constitution.
๐ถ The Act was enforced upon all the state governments through Constitutional Amendment in Article 243 M, that all states should amend their Panchayat Acts in conformity with the Constitutional provisions.
๐ถ It was meant to provide constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level"
โ๏ธ DEMOCRATIC DECENTRALISATION IN URBAN AREAS
#Salientfeaturesofconstitution
๐ถ India, like many other developing countries, has been experiencing rapid growth in recent decades. Indiaโs urban population, which was hardly 10 percent at the beginning of the 20th century, reached 26 percent in nine decades.
๐ถ Municipal bodies like the panchayats are not functioning effectively as units of local government due to structural, functional and financial constraints.
๐ถ From time to time many committees and commissions are appointed to suggest measures to revitalize them. Almost all committees recommended strengthening the Urban Local Bodies (ULBs).
๐ถ To strengthen urban governance, parliament enacted 74th Constitutional Amendment Act 1992. This Act provided constitutional recognition is a milestone in the history of Urban Local Bodies.
#Salientfeaturesofconstitution
๐ถ India, like many other developing countries, has been experiencing rapid growth in recent decades. Indiaโs urban population, which was hardly 10 percent at the beginning of the 20th century, reached 26 percent in nine decades.
๐ถ Municipal bodies like the panchayats are not functioning effectively as units of local government due to structural, functional and financial constraints.
๐ถ From time to time many committees and commissions are appointed to suggest measures to revitalize them. Almost all committees recommended strengthening the Urban Local Bodies (ULBs).
๐ถ To strengthen urban governance, parliament enacted 74th Constitutional Amendment Act 1992. This Act provided constitutional recognition is a milestone in the history of Urban Local Bodies.
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๐ UNION OF STATES.
#Unionanditsterritories
๐ธ๏ธ Article 1 describes India, that is, Bharat as a โUnion of Statesโ rather than a โFederation of Statesโ.
๐ธ๏ธ This provision deals with two
things: one, name of the country; and two, type of polity. There was no unanimity in the Constituent Assembly with regard to the name of the country.
๐ธ๏ธ Some members suggested the
traditional name (Bharat), while other advocated the modern name (India). Hence, the Constituent Assembly had to adopt a mix of both (โIndia, that is, Bharatโ)
๐ธ๏ธ Secondly, the country is described as โUnionโ although its Constitution is federal in structure.
๐ธ๏ธ According to Dr. B.R. Ambedkar, the phrase โUnion of Statesโ has been preferred to โFederation of Statesโ for two reasons:
โข one, the Indian Federation is not the result of an agreement among the states like the American Federation;
โข and two, the states have no right to secede from the federation. The federation is an Union because it is indestructible.
#Unionanditsterritories
๐ธ๏ธ Article 1 describes India, that is, Bharat as a โUnion of Statesโ rather than a โFederation of Statesโ.
๐ธ๏ธ This provision deals with two
things: one, name of the country; and two, type of polity. There was no unanimity in the Constituent Assembly with regard to the name of the country.
๐ธ๏ธ Some members suggested the
traditional name (Bharat), while other advocated the modern name (India). Hence, the Constituent Assembly had to adopt a mix of both (โIndia, that is, Bharatโ)
๐ธ๏ธ Secondly, the country is described as โUnionโ although its Constitution is federal in structure.
๐ธ๏ธ According to Dr. B.R. Ambedkar, the phrase โUnion of Statesโ has been preferred to โFederation of Statesโ for two reasons:
โข one, the Indian Federation is not the result of an agreement among the states like the American Federation;
โข and two, the states have no right to secede from the federation. The federation is an Union because it is indestructible.
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โช๏ธUNION and ITS TERRITORIES.
๐ ARTICLE 1
๐ธ๏ธ According to Article 1, the territory of India can be classified into three categories :-
1. Territories of the states.
2. Union territories.
3. Territories that may be acquired by the Government of India at any time.
๐ธ๏ธ The names of states and union territories and their territorial extent are mentioned in the first schedule of the Constitution.
๐ ARTICLE 1
๐ธ๏ธ According to Article 1, the territory of India can be classified into three categories :-
1. Territories of the states.
2. Union territories.
3. Territories that may be acquired by the Government of India at any time.
๐ธ๏ธ The names of states and union territories and their territorial extent are mentioned in the first schedule of the Constitution.
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โช๏ธUNION and ITS TERRITORIES
๐ ARTICLE 2
๐ธ๏ธ Article 2 empowers the Parliament to โadmit into the Union of India, or establish, new states on such terms and conditions as it thinks fitโ.
๐ธ๏ธ Thus, Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new states; and (b) the power to establish new states.
๐ธ๏ธ The first refers to the admission of
states which are already in existence, while the second refers to the establishment of states which were not in existence before.
๐ ARTICLE 2
๐ธ๏ธ Article 2 empowers the Parliament to โadmit into the Union of India, or establish, new states on such terms and conditions as it thinks fitโ.
๐ธ๏ธ Thus, Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new states; and (b) the power to establish new states.
๐ธ๏ธ The first refers to the admission of
states which are already in existence, while the second refers to the establishment of states which were not in existence before.
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โช๏ธUNION and ITS TERRITORIES.
๐ PARLIAMENTโS POWER TO REORGANISE THE STATES. (ARTICLE - 3)
๐ธ๏ธ Article 3 authorises the Parliament to:
(a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state;
(b) increase the area of any state;
(c) diminish the area of any state;
(d) alter the boundaries of any state; and
(e) alter the name of any state.
๐ธ๏ธ However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President;
๐ธ๏ธ and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
๐ PARLIAMENTโS POWER TO REORGANISE THE STATES. (ARTICLE - 3)
๐ธ๏ธ Article 3 authorises the Parliament to:
(a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state;
(b) increase the area of any state;
(c) diminish the area of any state;
(d) alter the boundaries of any state; and
(e) alter the name of any state.
๐ธ๏ธ However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President;
๐ธ๏ธ and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
โช๏ธUNION and ITS TERRITORIES.
๐ ARTICLE 4
๐ธ๏ธ Article 4 itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
๐ธ๏ธ This means that such laws can be passed by a simple majority and by the ordinary legislative process.
๐ ARTICLE 4
๐ธ๏ธ Article 4 itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
๐ธ๏ธ This means that such laws can be passed by a simple majority and by the ordinary legislative process.
๐ INTEGRATION OF PRINCELY STATE.
#Unionanditsterritories
๐ธ๏ธ At the time of independence, India comprised two categories of political units, namely, the British provinces (under the direct rule of British government) and the princely states (under the rule of native princes but subject to the paramountcy of the British Crown).
๐ธ๏ธ The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan and gave three options to the princely states which are :-
โข joining India, joining Pakistan or remaining independent.
๐ธ๏ธ Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.
๐ธ๏ธ However, in course of time, they were also integrated with IndiaโHyderabad by means of police action, Junagarh by means of referendum and Kashmir by the Instrument of Accession.
#Unionanditsterritories
๐ธ๏ธ At the time of independence, India comprised two categories of political units, namely, the British provinces (under the direct rule of British government) and the princely states (under the rule of native princes but subject to the paramountcy of the British Crown).
๐ธ๏ธ The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan and gave three options to the princely states which are :-
โข joining India, joining Pakistan or remaining independent.
๐ธ๏ธ Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.
๐ธ๏ธ However, in course of time, they were also integrated with IndiaโHyderabad by means of police action, Junagarh by means of referendum and Kashmir by the Instrument of Accession.
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๐ DHAR COMMISSION
#Unionanditsterritories
๐ธ๏ธ There has been a demand from different regions, particularly South India, for reorganisation of states on linguistic basis.
๐ธ๏ธ Accordingly, in June 1948, the Government of India appointed the Linguistic Provinces Commission under the chairmanship of S.K. Dhar to examine the feasibility of this.
๐ธ๏ธ The commission submitted its report in December, 1948, and recommended the reorganisation of states on the basis of administrative convenience rather than linguistic factor.
#Unionanditsterritories
๐ธ๏ธ There has been a demand from different regions, particularly South India, for reorganisation of states on linguistic basis.
๐ธ๏ธ Accordingly, in June 1948, the Government of India appointed the Linguistic Provinces Commission under the chairmanship of S.K. Dhar to examine the feasibility of this.
๐ธ๏ธ The commission submitted its report in December, 1948, and recommended the reorganisation of states on the basis of administrative convenience rather than linguistic factor.
โค1
๐ J.V.P COMMITTEE.
#Unionanditsterritories
๐ธ๏ธ Dhar commission report created much resentment and led to the appointment of another Linguistic Provinces Committee by the Congress in December, 1948, itself to examine the whole question afresh.
๐ธ๏ธ It consisted of Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya and hence, was popularly known as JVP Committee.
๐ธ๏ธ It submitted its report in April, 1949, and formally rejected language as the basis for reorganisation of states.
๐ธ๏ธ However, in October, 1953, the Government of India was forced to create the first linguistic state, known as Andhra state, by separating the Telugu speaking areas from the Madras state.
๐ธ๏ธ This followed a prolonged popular agitation and the death of Potti Sriramulu, a Congress person of standing, after a 56-day hunger strike for the cause.
#Unionanditsterritories
๐ธ๏ธ Dhar commission report created much resentment and led to the appointment of another Linguistic Provinces Committee by the Congress in December, 1948, itself to examine the whole question afresh.
๐ธ๏ธ It consisted of Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya and hence, was popularly known as JVP Committee.
๐ธ๏ธ It submitted its report in April, 1949, and formally rejected language as the basis for reorganisation of states.
๐ธ๏ธ However, in October, 1953, the Government of India was forced to create the first linguistic state, known as Andhra state, by separating the Telugu speaking areas from the Madras state.
๐ธ๏ธ This followed a prolonged popular agitation and the death of Potti Sriramulu, a Congress person of standing, after a 56-day hunger strike for the cause.
โค3
๐ FAZL ALI COMMISSION.
#Unionanditsterritories
๐ธ๏ธ The creation of Andhra state intensified the demand from other regions for creation of states on linguistic basis.
๐ธ๏ธ This forced the Government of India to appoint (in December, 1953) a three- member States Reorganisation Commission under the chairmanship of Fazl Ali to re-examine the whole question.
๐ธ๏ธ Its other two members were K.M. Panikkar and H.N. Kunzru. It submitted its report in September 1955 and broadly accepted language as the basis of reorganisation of states. But, it rejected the theory of โone language-one stateโ.
๐ธ๏ธ Its view was that the unity of India should be regarded as the primary consideration in any redrawing of the countryโs political units.
#Unionanditsterritories
๐ธ๏ธ The creation of Andhra state intensified the demand from other regions for creation of states on linguistic basis.
๐ธ๏ธ This forced the Government of India to appoint (in December, 1953) a three- member States Reorganisation Commission under the chairmanship of Fazl Ali to re-examine the whole question.
๐ธ๏ธ Its other two members were K.M. Panikkar and H.N. Kunzru. It submitted its report in September 1955 and broadly accepted language as the basis of reorganisation of states. But, it rejected the theory of โone language-one stateโ.
๐ธ๏ธ Its view was that the unity of India should be regarded as the primary consideration in any redrawing of the countryโs political units.
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๐ INTEGRATION OF PRINCELY STATE.
#Unionanditsterritories
๐ธ๏ธ At the time of independence, India comprised two categories of political units, namely, the British provinces (under the direct rule of British government) and the princely states (under the rule of native princes but subject to the paramountcy of the British Crown).
๐ธ๏ธ The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan and gave three options to the princely states which are :-
โข joining India, joining Pakistan or remaining independent.
๐ธ๏ธ Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.
๐ธ๏ธ However, in course of time, they were also integrated with IndiaโHyderabad by means of police action, Junagarh by means of referendum and Kashmir by the Instrument of Accession.
#Unionanditsterritories
๐ธ๏ธ At the time of independence, India comprised two categories of political units, namely, the British provinces (under the direct rule of British government) and the princely states (under the rule of native princes but subject to the paramountcy of the British Crown).
๐ธ๏ธ The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan and gave three options to the princely states which are :-
โข joining India, joining Pakistan or remaining independent.
๐ธ๏ธ Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.
๐ธ๏ธ However, in course of time, they were also integrated with IndiaโHyderabad by means of police action, Junagarh by means of referendum and Kashmir by the Instrument of Accession.
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๐ THE CONSTITUTION CONFERS THE FOLLOWING RIGHTS AND PRIVILEGES ON THE CITIZEN OF INDIA (and denies the same to aliens):
#Citizenship
๐ธ๏ธ Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
๐ธ๏ธ Right to equality of opportunity in the matter of public employment (Article 16).
๐ธ๏ธ Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).
๐ธ๏ธ Cultural and educational rights (Articles 29 and 30).
๐ธ๏ธ Right to vote in elections to the Lok Sabha and state legislative assembly.
๐ธ๏ธ Right to contest for the membership of the Parliament and the state legislature.
๐ธ๏ธ Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the high courts, Governor of states, Attorney General of India and Advocate General of states.
#Citizenship
๐ธ๏ธ Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
๐ธ๏ธ Right to equality of opportunity in the matter of public employment (Article 16).
๐ธ๏ธ Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).
๐ธ๏ธ Cultural and educational rights (Articles 29 and 30).
๐ธ๏ธ Right to vote in elections to the Lok Sabha and state legislative assembly.
๐ธ๏ธ Right to contest for the membership of the Parliament and the state legislature.
๐ธ๏ธ Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the high courts, Governor of states, Attorney General of India and Advocate General of states.
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๐ ACQUISITION OF CITIZENSHIP.
#Citizenship
๐บ๏ธ BY DESCENT
๐ธ๏ธ A person born outside India on or after January 26, 1950 but before December 10, 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
๐ธ๏ธ A person born outside India on or after December 10, 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.
๐ธ๏ธ December 3, 2004 onwards, a person born outside India shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the
Central Government, after the expiry of the said period.
#Citizenship
๐บ๏ธ BY DESCENT
๐ธ๏ธ A person born outside India on or after January 26, 1950 but before December 10, 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
๐ธ๏ธ A person born outside India on or after December 10, 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.
๐ธ๏ธ December 3, 2004 onwards, a person born outside India shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the
Central Government, after the expiry of the said period.
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๐ ACQUISITION OF CITIZENSHIP
#Citizenship
๐บ๏ธ BY REGISTRATION
๐ธ๏ธ a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
๐ธ๏ธ a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
๐ธ๏ธ a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
๐ธ๏ธ minor children of persons who are citizens of India;
๐ธ๏ธ a person of full age and capacity whose parents are registered as citizens of India;
๐ธ๏ธ a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months before making an application for registration;
๐ธ๏ธPerson of full age and capacity who has been registered as overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application.
#Citizenship
๐บ๏ธ BY REGISTRATION
๐ธ๏ธ a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
๐ธ๏ธ a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
๐ธ๏ธ a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
๐ธ๏ธ minor children of persons who are citizens of India;
๐ธ๏ธ a person of full age and capacity whose parents are registered as citizens of India;
๐ธ๏ธ a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months before making an application for registration;
๐ธ๏ธPerson of full age and capacity who has been registered as overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application.
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