Law of citizenship foreigners and passport with allied laws
Material type:
- 817111157
- 342.083 SET
Item type | Current library | Call number | Status | Date due | Barcode | Item holds |
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Gandhi Smriti Library | 342.083 SET (Browse shelf(Opens below)) | Available | 86916 |
Articles 5 to 9 of the Constitution of India determine who are Indian Citizens at the commencement of the Constitution and Art. 10 provides for their continuance as such citizens subject to the provisions of any law that may be made by Parliament. The Constitution does not, however, make any provision with respect to the acquisition of Citizenship after its commencement or the termination of Citizenship or other matters relating to Citizenship. Under Art. 11. the Constitution expressly saves the power of Parliament to make a law to provide for such matters. It was obviously necessary to make such a law to supplement the provisions of the Constitution and the enactment of the Citizenship Act. 1955 was sought to achieve this objective. This Act provides for acquisition of Citizenship, after the commencement of the Constitution, by birth, descent, registration. naturalisation and incorporation of territory. It also made necessary provisions for the termination and deprivation of Citizenship under certain circumstances. This Act also sought to formally recognise Commonwealth Citizenship and permitted the Central Government to extend on a reciprocal basis such rights of an Indian Citizen as may be agreed upon to the citizens of other Commonwealth Countries and the Republic of Ireland. Basically the only permanent measures governing foreigners specifically were the Registration of Foreigners Act of 1939 and the Foreigners Act. 1864. The Act of 1939 provides for making rules to regulate registration of foreigners and formalities connected therewith, their movement in, or departure from Indía. The Act of 1864 provided for the explusion of foreigners and their apprehension and detention pending removal and for a ban on their entry into India after removal. The rest of the Act which provided for report on arrival, travel under a licence and certain incidental measures could be enforced only on the declaration of an emergency. The powers under this Act was found to be ineffective and inadequate both during normal times and an emergency.
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