Eleanor Finch
The Indian Constitution, established in 1950, extends a range of fundamental rights to both citizens and non-citizens, demonstrating its commitment to the rule of law and individual freedoms. While certain rights are reserved exclusively for citizens to protect national interests and public welfare, non-citizens are also guaranteed specific protections. This includes the right to equality before the law and equal protection under Article 14, protection against ex-post facto laws, double jeopardy, and self-incrimination under Article 20, and the freedom of conscience and religion under Article 25. Additionally, non-citizens are protected from trafficking, forced labour, and employment of children in hazardous activities. These rights reflect India's dedication to justice, equality, and the safeguarding of individual liberties for all within its territory.
| Characteristics | Values |
|---|---|
| Citizenship | Determined by the Parliament of India and has constitutional status under Part II of the constitution |
| Fundamental Rights | Extended to both citizens and non-citizens, including equality before the law, freedom of religion, and protection of life and personal liberty |
| Citizenship Requirements | Marriage to an Indian citizen and living in India for 7 years before applying, being an ordinary resident of India for 12 years, or being a resident for 5 years before the commencement of the Constitution |
| Jus Sanguinis | The right of blood, which grants citizenship to those born to Indian parents, regardless of their place of birth |
| Jus Soli | Recommended by the Motilal Nehru Committee in 1928 as a more appropriate method than jus sanguinis, aligning with the ethics of the country |
Explore related products
What You'll Learn
Fundamental rights for non-citizens
The Indian Constitution extends a range of fundamental rights to both citizens and non-citizens, reflecting its commitment to the rule of law and natural justice principles. While certain rights are reserved exclusively for citizens to safeguard national interests and public welfare, non-citizens are not left without protection.
Fundamental rights available to both citizens and non-citizens in India include:
- Equality before the law and equal protection of laws (Article 14)
- Protection in respect of conviction for offences (Article 20)
- Protection of life and personal liberty (Article 21)
- Prohibition of trafficking of human beings and forced labour (Article 23)
- Prohibition of employment of children in factories, mines, or hazardous activities (Article 24)
- Freedom of conscience and free profession, practice, and propagation of religion (Article 25)
- Freedom to manage religious affairs (Article 26)
- Freedom from payment of taxes for the promotion of any religion (Article 27)
Fundamental rights that are exclusively available to Indian citizens include Articles 15, 16, 19, 29, and 30.
It is important to note that fundamental rights for foreigners in India are conditional rather than absolute, and reasonable limits can be imposed by the state. Additionally, the Registration of Foreigners Act of 1939 and the Foreigners Act of 1946 control foreigners' admission, stay, and exit from India, and provide the central government with powers to uphold fundamental rights for foreigners.
Indian Reservation Police: Constitutional Authority?
You may want to see also
Citizenship by marriage
The Indian Constitution extends a range of fundamental rights to both citizens and non-citizens, reflecting its commitment to the rule of law. While certain rights are reserved exclusively for citizens to safeguard national interests and public welfare, the Constitution ensures that non-citizens are not left without protection.
The Constitution of India, 1950, enshrines a set of Fundamental Rights designed to protect the individual liberties and freedoms of all people within the territory of India. Some of these rights are available only to citizens of India, while others are available to non-citizens as well.
The following are some of the fundamental rights available to non-citizens in India:
- Equality before the law and equal protection of laws (Article 14): Article 14 ensures that the state shall not deny anyone equality before the law or equal protection of the laws within Indian territory. This provision applies to both citizens and non-citizens, guaranteeing non-discriminatory treatment.
- Protection in respect of conviction for offences (Article 20): Article 20 provides protection against ex-post facto laws, double jeopardy, and self-incrimination. These protections are available to all individuals, regardless of citizenship.
- Prohibition of trafficking and forced labour (Article 23): Article 23 prohibits the trafficking of human beings, forced labour, and any other similar forms of forced labour. This right is available to both citizens and non-citizens.
- Freedom of conscience and free profession, practice, and propagation of religion (Article 25): Article 25 guarantees the freedom of conscience and the right to profess, practice, and propagate religion to all persons, regardless of citizenship.
With regard to citizenship by marriage, Form III for registration as a Citizen of India is available under Section 5(1)(c) of the Citizenship Act, 1955, for individuals who are or have been married to a citizen of India. The applicant must fill out the form with the required details and submit the necessary documents for verification. The Designated Officer will certify that the documents have been verified, and the District Level Committee will upload the "oath of allegiance" administered and forward the application to the Empowered Committee for approval or rejection.
Additionally, Form VII for registration as an Indian citizen is available under Section 5(1)(g) for individuals who are registered as Overseas Citizens of India (OCI) under Section 7A. This form is provided by the Foreigners Division of the Ministry of Home Affairs.
It is important to note that the availability of fundamental rights to all persons, regardless of citizenship, underscores India's dedication to justice, equality, and the protection of individual freedoms.
Birthright and Belonging: Reservation Birth and Tribal Membership
You may want to see also
Citizenship by residency
The Indian Constitution extends a range of fundamental rights to both citizens and non-citizens, demonstrating its commitment to the rule of law, justice, equality, and the protection of individual freedoms. While certain rights are reserved exclusively for citizens to safeguard national interests and public welfare, the Constitution ensures that non-citizens are not left without protection.
The Constitution of India, established in 1950, outlines a set of fundamental rights designed to protect the individual liberties and freedoms of all people within the country's territory. The right to property was removed by the 44th Constitutional Amendment, and some rights are exclusive to citizens, but non-citizens are still entitled to several fundamental rights.
Article 14 of the Indian Constitution ensures that no person within Indian territory shall be denied equality before the law or equal protection of the laws, guaranteeing non-discriminatory treatment to both citizens and non-citizens. Similarly, Article 20 provides protection against ex-post facto laws, double jeopardy, and self-incrimination, and these protections are available to all individuals, regardless of citizenship.
Article 21, one of the most significant rights under the Indian Constitution, protects the right to life and personal liberty for all persons, regardless of citizenship. Additionally, Article 23 prohibits the trafficking of human beings, forced labour, and similar forms of labour exploitation for all, while Article 24 prohibits the employment of children below 14 years of age in hazardous activities such as factories and mines.
Foreigners can become Indian citizens through naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities. However, members of specific religious minority communities from neighbouring countries, such as Afghanistan, Bangladesh, and Pakistan, who belong to certain religious groups, are eligible for a reduced residence requirement of six years.
Indian Removal Act: Constitutional or Not?
You may want to see also
Explore related products
Citizenship by birth
The Indian Constitution extends a range of fundamental rights to both citizens and non-citizens, reflecting its commitment to the rule of law. While certain rights are reserved exclusively for citizens to safeguard national interests and public welfare, the Constitution ensures that non-citizens are not left without protection. The availability of fundamental rights to all persons, regardless of citizenship, underscores India's dedication to justice, equality, and the protection of individual freedoms.
The Constitution of India, 1950, enshrines a set of Fundamental Rights designed to protect the individual liberties and freedoms of all people within the territory of India. These rights include equality before the law and equal protection of laws (Article 14), which applies to both citizens and non-citizens, guaranteeing non-discriminatory treatment. Other rights available to all include protection in respect of conviction for offences (Article 20), which provides protection against ex-post facto laws, double jeopardy, and self-incrimination; protection of life and personal liberty (Article 21); prohibition of human trafficking and forced labour (Article 23); prohibition of the employment of children in factories, mines, or hazardous activities (Article 24); freedom of conscience and the right to profess, practice, and propagate religion (Article 25); and freedom to manage religious affairs and collective freedom of religion (Article 26).
Indian citizenship can be acquired by birth, descent, registration, and naturalisation. All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth, regardless of the nationalities of their parents. From 1 July 1987 until 3 December 2004, children born in the country received Indian citizenship by birth if at least one parent was a citizen. Since then, citizenship by birth is granted only if both parents are Indian citizens or if one parent is a citizen and the other is not considered an illegal migrant. Children born overseas are eligible to become Indian citizens by descent if at least one parent is a citizen, and their birth must be registered at an Indian diplomatic mission within a certain time frame.
Dual citizenship is allowed in certain cases of minor children. Indians are considered Commonwealth citizens and enjoy free movement rights in Nepal and favoured status in the United Kingdom. Foreigners may become Indian citizens by naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities. Members of certain religious minority communities from neighbouring countries qualify for a reduced residence requirement of six years.
US Constitution: Do Amendments Apply to Indian Reservations?
You may want to see also
Citizenship by descent
The Indian Constitution extends a range of fundamental rights to both citizens and non-citizens, reflecting its commitment to the rule of law. While certain rights are reserved exclusively for citizens to safeguard national interests and public welfare, the Constitution ensures that non-citizens are not left without protection.
Indian citizenship can be acquired by birth, descent, registration, and naturalization. Citizenship by descent is applicable to every person born outside India if either or both parents are Indian citizens (not illegal migrants) and the birth is registered at an Indian Mission/Post abroad within one year. After one year, permission from the Ministry of Home Affairs (MHA) is required.
The Citizenship Act, 1955, and the Citizenship Rules, 1956, form the legal basis for acquiring Indian citizenship. The Act was amended in 2003, and the MHA is responsible for citizenship matters.
In addition to citizenship by descent, a person of full age and capacity who has been registered as an Overseas Citizen of India for five years and has resided in India for two years can apply for citizenship by naturalization. This process involves submitting an application in the prescribed form under the Third Schedule of the Act.
The Constitution of India 1950 enshrines a set of Fundamental Rights designed to protect the individual liberties and freedoms of all people within Indian territory. Some rights are exclusive to citizens, while others extend to non-citizens, such as equality before the law and equal protection under Article 14, protection against ex-post facto laws and self-incrimination under Article 20, and protection of life and personal liberty under Article 21.
The Men Behind India's Constitution
You may want to see also
Frequently asked questions
The Indian Constitution extends a range of fundamental rights to both citizens and non-citizens, reflecting its commitment to the rule of law. However, certain rights are reserved exclusively for citizens to safeguard national interests and public welfare.
Non-citizens in India are guaranteed the right to equality before the law and equal protection of laws under Article 14 of the Indian Constitution. Article 20 provides protection against ex-post facto laws, double jeopardy, and self-incrimination, regardless of citizenship. Article 21 ensures protection of life and personal liberty for all individuals.
Yes, the Indian Constitution grants non-citizens additional rights, such as the prohibition of trafficking and forced labour under Article 23, and the prohibition of child labour in hazardous industries under Article 24. Furthermore, Article 25 guarantees freedom of conscience and the right to profess, practice, and propagate religion for all persons, including non-citizens.
The Indian Constitution and the Citizenship Act of 1955 outline the requirements for obtaining Indian citizenship. One way to acquire citizenship is through jus sanguinis, or the right of blood, where an individual becomes a citizen if their parents are Indian. Another method is by residing in India for a specified period, typically ranging from 5 to 12 years, and fulfilling the necessary requirements.
Yes, there are a few exceptions and special cases. For example, individuals who are married to Indian citizens and have lived in India for 7 years before applying can become citizens. Additionally, if an individual is from a country that India has acquired as a new territory, they automatically become Indian citizens.
