Citizenship and Fundamental Rights

by Yuvi - January 28, 2021

Citizenship

Indian Constitution provides for single citizenship. There is no separate citizenship of states. According to the Constitution the following three categories of persons are entitled to citizenship:

(1) persons domiciled in India
(2) refugees who migrated to India from Pakistan
(3) Indians living in other countries.

Acquisition and Termination of Citizenship

Rules regarding acquisition and termination of Indian citizenship have been laid down in the Citizenship Act of 1955. A person can acquire citizenship of India in five ways:

(1) Through birth
(2) Through descent
(3) Through registration
(4) Through naturalization
(5) Through incorporation of territory

Loss of Indian Citizenship

(1) Renunciation
(2) Termination
(3) Deprivation

Amendment of Citizenship Act

In 1986 the Citizenship Act was amended and acquisition of citizenship by persons coming to India as refugees from Bangladesh, Sri Lanka and other countries was made difficult. It provided that persons born in India (a) on or after 26 January 1950 but prior to 26 November 1986, (b) on or after the commencement of the Amending Act, 1986, shall be citizens of India by birth only if either of their parents is a citizen of India at the time of his birth. It increased the period for acquisition of citizenship through registration from 6 months to 5 years.

Fundamental Rights

Indian Constitution guarantees elaborate Fundamental Rights to Indian citizens. These are contained in Part III of Indian Constitution. These rights are vital for the development of a citizen and promote his dignity and welfare. These rights are justiciable and can be enforced through courts. Indian Constitution allows the Parliament to impose limitations on the Fundamental Rights.

Classification of Fundamental Rights

Originally Indian Constitution classified the Fundamental Rights into seven categories but with the elimination of right to property from the list of Fundamental Rights by the 44th Amendment in 1979, there are now six categories of rights.

(1) Right to Equality-Articles 14 to 18
(2) Right to particular freedoms-Articles 19 to22
(3) Right against exploitation –Articles 23-24
(4) Right to freedom of religion-Articles 25 –28
(5) Cultural and Educational Rights-Articles 29-30
(6) Right to Constitutional Remedies-Articles 32-35

The Writs

There are five kinds of writs

(1) Habeas corpus

(2) Mandamus

(3) Prohibition

(4) Certiorari and

5) Quo warranto

(1) Habeas corpus means “to have the body .“ It is in the nature of an order calling upon a person who has unlawfully detained another person to produce the latter before the court.

(2) Mandamus literally means command. It is thus an order of a superior court commanding a person holding a public office or a public authority- (including the Government) to do or not to do something, in the nature of public duty.

(3) Prohibition– A writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it from exceeding its jurisdiction and to compel it to keep within the limits of its jurisdiction.

(4) Certiorari – A writ of certiorari has much in common with a writ of prohibition. The only difference between the two is, whereas a writ of prohibition is issued to prevent an inferior court or tribunal to go ahead with the trial of a case in which it has assumed excess of jurisdiction, a writ of certiorari is issued to quash the order passed by an inferior court or tribunal in excess of jurisdiction.

(5) Quo Warranto – The words quo warranto means “what is your authority” ? A writ of quo warranto is issued against the holder of a public office to show to the court under what authority he holds the office.

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