Indian nationality

from Wikipedia, the free encyclopedia

The Indian nationality determines the membership of a person in the state association of the Indian Union with the associated rights and obligations. India is a multi-ethnic state and membership of a social group is irrelevant when it comes to citizenship issues. The birthplace principle , adopted from the British tradition , has been abandoned since 1993 in favor of an ever increasing tendency towards the principle of descent . Due to poor and generally corrupt civil administration, particularly in rural areas and border regions with high immigration, it can be difficult for individuals to prove their citizenship. The creation of a register of all citizens , which began in 2010, goes hand in hand with the creation of extremely extensive state monitoring mechanisms.

British India

British-Indian passport for Muhammad Ali Jinnah marked “British subject by birth.”
Passport application from Mohandas Karamchand Gandhi with the status “British protected subject.”

During the colonial period, the British Nationality and Status of Aliens Act 1914 initially regulated nationality uniformly for "British Crown Dominions."

The non-white residents of British India were "British subjects." A distinction was made between “natural born British subjects” and naturalized subjects. The residents of the numerous princely states were formally regarded as foreigners and thus “protected persons”, which made only a semantic difference to the outside world. The British Indian Passport issued to this group of people from 1920–47 was only recognized internationally in the Empire, Italy and the Netherlands with their respective colonies, Switzerland, Austria, the German Empire, Spain, Sweden and Norway.

The first “constitution” of British India, the Government of India Act 1935 , led to the spin-off of some regions on April 1, 1937. First and foremost, this was Burma , with its own colonial administration in the form of the Burma Office as well as the Persian Gulf Residency and the South Arabian protectorates that now the London Colonial Office , were administered.

The Indian Independence Act 1947 initially left all residents of British India and the princely states the status of British subjects.

Later the British Nationality Act 1948 was issued , which regulated the status of colonial subjects ("British subjects"). Indians and Pakistanis initially remained “British subjects”, the term “Commonwealth citizen” was initially just a synonym.

Constitution 1950

The Indian Constitution of 1950 deals comparatively extensively with questions of citizenship. Indian by definition was everyone born in the country (place of birth principle), or if their parents were born here (principle of descent) or who had had permanent residence ( domicile ) in India in the five years before it came into force on Jan. 27, 1950 . This waiting period was reduced to six months for people who came from any part of Pakistan before July 19, 1949.

Indians living abroad can secure their citizenship by registering with a consular post, provided they have not voluntarily accepted another.

A ban on dual citizenship, which is specified in the implementing regulations, is derived from the other provisions.

Indian Citizenship Act 1955

The Indian Citizenship Act in its original version was based closely on the British model of 1948. The basic principle for clarifying whether a person is an Indian citizen is the domicile of origin. The rules are to be applied retrospectively from January 1950. Responsibility lies with the Home Ministry , which delegates competencies to subordinate bodies in the federal states.

The migration caused by the partition of 14½ million resettlers who survived the massacre in 1947 made it difficult at first to deal with questions of citizenship. However, the generous ius soli rules of the 1950s left only a few thousand unclear cases of those affected.

The place of birth principle ( ius soli ) applied in full to all persons born on Indian soil between January 26, 1950 and June 30, 1987.

What is striking is the (complete since 2003) lack of mechanisms to prevent statelessness.

Legislative changes

1960

The relief granted to Commonwealth Citizens was canceled in 1960.

1985 and 1986

The changes in the law brought about a general tightening of employment opportunities. The ius soli was restricted in such a way that Indian citizenship was only obtained by being born in the country if at least one parent was an Indian citizen on the day of birth.

Equality in citizenship issues was introduced at the same time.

2003 and 2005

Since it came into force on December 3, 2004, children with only one Indian parent are only citizens from birth according to ius soli , provided the non-Indian parent is legally in the country. An additional section defines the term "illegal migrant."

The list of countries in Appendix 1 (general ban on naturalization) has been deleted. Appendix 4 (“Schedule 4”) to the Citizenship Act was introduced. This contained a list of countries with sixteen entries, whose citizens have the right to be registered with the new status of an Overseas Citizen of India (see below).

The creation of a National Register of Indian Citizens and the obligation to have an identity card ( Aadhaar ) issued based on the registration (“compulsory registration”) is almost complete . Since the documents required for registration often do not exist or are incorrect, registration is made difficult or refused in a number of cases, and the persons concerned are de facto stateless (at least temporarily) . The register should be complete by September 2020.

2015

Abolition of the Status Persons of Indian Origin.

2019

The change known as the Citizenship Amendment Act (CAA) 2019 enables the easier naturalization of illegally entered refugees from the neighboring countries Afghanistan, Pakistan and Bangladesh who came to India until 2014 and a minority of Hindus, Sikhs, Buddhists, who are persecuted there for religious reasons. Jain, Parsees, or Christian. There were protests because believers of the majority religion there, Islam, were not taken into account. This can be explained, however, as they are not a persecuted minority and the Muslims who immigrated from Bangladesh are economic migrants, which creates social tensions, especially in the northeast.

It is estimated that around 30,000 people are eligible to take advantage of the shortened waiting period of six years before naturalization.

Regulations

Citizenship Rules of 1956 define the responsibilities of authorities and ranks of civil servants, fees, documents and evidence to be provided and the appearance of the forms to be used.

The extensive changes in the law in previous years made a newly formulated implementing regulation necessary, the Citizenship Rules, 2009.

Acquisition

By registration

Foreign-born people of Indian descent (only patrilineal until 1992) can become Indian citizens by “by registration” if they have resided legally in the country for a certain period of time. The waiting period has been successively extended. Initially it was six months, since 1982 five years, later seven.

Shorter periods apply to spouses (until 1986 only women): five, since 2003 seven years of marriage and residence in the country.

naturalization

Foreigners who have resided legally in India in the last eleven (before 2004: nine) of fourteen (before 2004: twelve) years and who have been permanently resident here for the last twelve months can apply for naturalization. Shorter periods apply to spouses and overseas Indians . These waiting periods have been extended again and again since 1986.

Requirements are:

  • Legal age and legal capacity
  • Good character, as evidenced by certificates from two guarantors
  • Proof of giving up other nationalities
  • Sufficient knowledge of one of the official languages ​​mentioned in the constitution

Until 2003, nationals of Schedule 1's 11 Commonwealth countries and Ireland were excluded from naturalization.

In the case of naturalization, an oath has to be signed, only then is the certificate of naturalization issued. Easier naturalizations for deserving people are possible.

Refusals do not have to be justified. Objection is possible, but after its rejection, legal action has only been available in exceptional cases since 2004.

Reasons for loss

  • Voluntary acceptance of foreign citizenship
  • Abandonment by declaration (“renunciation”), requires legal age and legal capacity, before 2003 also possession of another nationality. Until 1992, the task extended to underage children, provided that the person giving up was a man. Since then, the regulation has been gender neutral.
  • In the case of naturalized or registered Indians, withdrawal (possibly without hearing the person concerned) if
    • false information was given in the naturalization procedure
    • a sentence of more than two years in prison is made within five years of admission
    • the naturalized person has shown himself to be disloyal to India in word or deed
    • trades with or has contact with the enemy in the event of war
    • the person has stayed abroad for at least 7 years without reporting annually to the responsible diplomatic mission abroad

Other laws

Citizenship issues are touched by the Passport Act of 1920, replaced by the Passports Act, 1967. Also the Registration of Foreigners Act 1939, Foreigners Act 1946, the Abducted Persons (Recovery and Restoration) Act 1949 , which defied equality, and the Indo-Pakistani Act The 1965 Enemy Property Act, enacted in 1965 , affects Indians with second passports or the estimated 12,000–18,000 descendants of Portuguese Indian residents who are now permanent residents in Pakistan. Special Marriage Act, 1954 repealed by the Foreign Marriage Act, 1969.

Since 2019, it has been mandatory to link the identity card ( Aadhaar ) with the PAN card of the tax office. Without these documents, in turn, a. no bank account opened or a SIM card bought.

India has not acceded to the Convention on the Status of Stateless Persons or the Geneva Refugee Convention . The corresponding group of people can receive an identity certificate valid for two years as a passport substitute.

special cases

Jammu and Kashmir

The constitution of 1950 did not initially apply in the state of Jammu and Kashmir . There was a State Subject Law from the time of the Maharajas .

See main article: Citizenship of the Princely State of Jammu and Kashmir

Assam and the Northeast

The region is culturally and ethnically very different from the rest of India. Most of the tribes are of Sinitic origin and many have only recently immigrated to the area. They mainly speak Tibetan-Burmese languages.

The remote area of ​​the North-East Frontier Agency , which is difficult to navigate in higher elevations , was only brought fully under their control by the colonial power around 1900. Settlement areas of individual tribes changed in the following decades. The demarcation of the McMahon Line in 1913/4 was never exactly done on site. The groups of armed freedom fighters are often directed against foreign infiltration, which began in the 19th century with the establishment of tea plantations and the construction of railways in the sparsely populated area. Later especially by (illegal) immigrants from poor Bihar , Nepal and the heavily overpopulated Bangladesh, whose mostly Muslim inhabitants are looking for new settlement areas. While the Indian government relied on a strong central state and tried, especially in the years of the "Nehru Dynasty", to master the liberation organizations through ruthless measures of violence and forced relocations (from 1967 e.g. 60,000 Mizo in fortified villages), one has shown itself since 1988 willing to compromise. Smaller ethnically defined states were separated from Assam. These have special rights guaranteed in the constitution. This also includes the possibility of defining which ethnic groups are to be regarded as indigenous.

The Immigrants (Expulsion from Assam) Act of 1950 was in force until 1957 and distinguished between “immigrant Hindus” and “illegal Muslims” (from East Pakistan ). This distinction, which is inherently discriminatory, becomes understandable when one considers that the partition of India in 1947 with its painful consequences took place along religious lines due to the uncompromising attitude of the Muslim League . In the then undivided state of Assam , a “National Register of Citizens” was created for the first time in 1951.

The Assam Accord compromise was incorporated into the 1985 Citizenship Act amendment. All immigrants (illegally) up to December 31, 1965 were accepted as citizens. Those who came from 1966 to March 25, 1971 (outbreak of the Bangladesh War ) were able to register or make a declaration that they did not want to be Indian. Those who came later, initially mainly war refugees, were to be returned to Bangladesh and Nepal.

The Illegal Migrants (Determination by Tribunal) Act, 1983 regulated the procedure. Anyone who wanted to denounce a supposedly illegal foreigner could not live more than three kilometers from him. Nobody was allowed to file more than ten reports and had to pay a fee of 10 rupees each. The decision was made by the ruling chambers led by retired judges. A voter register extract, school leaving certificate or food stamps (“Ration Book”) were sufficient proof of citizenship. No more than ½% of those denounced were deported. The law was declared invalid by the Supreme Court in 2005.

The distinction is made on the basis of ethnic, non-religious criteria. When the compilation of the new Assams National Register of Citizens was completed, it was found that a good 1.9 million residents of the state did not meet the requirements for citizenship.

In Arunachal Pradesh the 1960 refugee groups of living since the mid Chakma , who are mainly Buddhists and the Hindu majority Hajong consisting of the Chittagong Hill Tracts had been expelled. In 2015, the Supreme Court ruled that they should be granted Indian citizenship. However, in order not to jeopardize the delicate balance between the local tribes, it was considered in 2016 that their civil rights would be restricted so that they could not benefit from quotas for public service and would not be allowed to acquire land ownership. The state government is against naturalization, although the approximately 73,000 refugees today have an additional legal right to naturalization through the CAA since 2019.

In Mizoram , the number of refugees from the Chin tribe who immigrated from Burma is estimated at 50,000–100,000. It is difficult to clarify whether they are entitled to Indian citizenship, since the Indian-Burmese border was drawn in 1938 through the middle of the settlement area and parts of the tribe did not settle in the areas they are inhabited today until the 20th century.

In 2015, the Land Border Agreement simplified the drawing of borders with regard to the Bangladesh exclaves , especially in the Cooch Behar district . The introduction of the National Register of Citizens here, too, can lead to statelessness for a few thousand residents, as an orderly civil administration did not exist in the small areas for decades.

Indian diaspora

Overseas Citizen of India Card, introduced in 2005. Since 2012, the passport-like documents have been recognized as ID cards within India. They are valid in conjunction with a foreign passport.

In addition to cotton, tea and opium, male labor was one of British India's most important export products. Within the economic order of the Empire they had an important place as unskilled workers in the tropical plantation economy. Many of the contract workers did not return after their contract expired, during which time they were often held in slavery-like conditions. In many cases, they began to dominate the local economy at the retail level. In 1968 about 345,000 Indians lived in the (formerly) British-East African colonies. In some countries, e.g. B. Fiji , the foreign infiltration led to pogroms and fights.

The governments of Jawaharlal Nehru and his daughter Indira Gandhi took great care to support the interests of these groups. The generous legal provisions of the original Citizenship Act allowed the easy granting of Indian citizenship to those of Indian origin, some of whom were returning en masse.

Children born abroad between January 26, 1950 and December 10, 1993 to an Indian father (up to 1987 also a grandfather), who had citizenship by birth, are automatically Indian by descent. This applied until December 2, 2004 if one parent was Indian at birth.

Indians “by descent” must have registered the birth of a child with the responsible diplomatic mission within one year in order to secure their nationality. This option ceased in 2004. Now such registrations will only be accepted if the parents declare that the child is not entitled to another citizenship.

Tamils ​​from Sri Lanka

The Ceylon Citizenship Act , passed shortly after independence in 1948, excluded the early immigrant ethnic Sri Lankan Tamils , who mainly lived in the north, from Ceylon citizenship. About eleven percent of the population became stateless. The Indian and Pakistani Residents (Citizenship) Act in the following year allowed citizenship to be acquired after 7-10 years, but required an extremely high minimum income - of around 875,000 applications, only 135,000 were approved.

The Indian government initially sought the repatriation of the Tamils, who then became Indian citizens, through various agreements. Until 1964–82, Tamils ​​who remained in Sri Lanka could become Indian citizens (about 180,000 people). The remaining stateless people did not become Sri Lankan citizens until decades later.

The more than 300,000 Tamil refugees who came to Sri Lanka after the outbreak of civil war are not covered by the relief provided by the CAA. About 100,000 still live in the country, mostly in camps in Tamil Nadu, the rest returned home.

Non-resident Indians

From a purely legal point of view, the status of a “Non-Resident Indian” (NRI) is only a matter of income tax liability. In fact, efforts are being made to lure back the often well-educated descendants of Indians who emigrated to highly developed countries after independence through various perks.

Overseas Citizenship of India

The introduction of the Overseas Citizenship of India de facto allowed dual citizenship, which on the other hand was not possible. The positive list introduced in 2005 as Appendix 4 to the Citizenship Act was changed in subsequent years so that all foreigners of Indian origin (and possibly their non-Indian spouses), except citizens of Bangladesh and Pakistan, can apply for this status for a fee. It is not a real citizenship, but a kind of lifelong (work) visa for unrestricted entry and exit or permanent residence. Individuals who serve in a non-Indian army, secret service or police force cannot be granted status.

In the country, Overseas Citizens u. a. do not buy any agricultural land. Restrictions on professions practiced in India were removed in 2009. They are also not allowed to vote or become civil servants. Otherwise they are equal to “real” Indians. You are also exempt from the obligation to register foreigners, but you need Inner Line or Protected Area Permits.

Since 2005 it has been possible to apply for full citizenship after one year of uninterrupted residence in the country. Since 2015, you have only been required to have “permanent residence” for one year, during which time you can travel abroad.

Persons of Indian Origin Card

Citizens of Afghanistan, Bangladesh, Bhutan, China, Iran, Nepal, Pakistan and Sri Lanka could apply for this ID starting on Sept. 15, 2002 if they or at least one grandparent or spouse had ever had an Indian passport and were never citizens of Pakistan or Bangladesh. Holders of such an identity card could enter the country without a visa and only had to register with the immigration police after 180 days. They were then given a residence permit called “Residential Permit for PIO”. Otherwise they were equal to the non resident Indians . After two years in the country, they could apply for full citizenship. In mid-2013 there were just under 1.4 million cardholders.

The 2015 legislative change abolished the status of Persons of Indian Origin and merged this status with Overseas Citizenship. Holders of this card could exchange it until 2017 or receive a corresponding note on it. They lose their validity as a travel document on September 20, 2020.

Territories gained

In particular, the Deputy Prime Minister Vallabhbhai Patel († 1950) in the first Nehru cabinet worked aggressively towards joining the remaining colonial and princely areas. Where political agitation did not work, armed violence did not shrink.

Sec. 7 of the Citizenship Act, 1955, authorized the central government to issue general ordinances with regard to citizenship (“by incorporation”).

Hyderabad

The connection of the Princely State of Hyderabad only took place through the police action with administrative integration on Jan. 25, 1950. The constitution and the Indian Citizenship Act were not yet in force, so that no relevant questions arose.

Chandarnagore

The central theme of the municipal council elections in August 1948 was unification with India, advocated by Congress Karma Parishad, which won 22 of the 24 seats. The city council passed a resolution on December 15 that the unification was to be brought about in an orderly manner by March 31, 1949. The treaty concluded between India and France on April 2, 1952, stipulated that on the day it came into force all French people living there would become Indian citizens. However, there was a six month option period if someone wanted to remain French. On October 2, 1954, the 19 km² territory was integrated into West Bengal by the Chandernagore Merger Act .

Portuguese India

Dadra and Nagar Haveli , then around 58,000 inhabitants and 487 km², had been under Indian rule since 1954, after armed "volunteers" marched in. The area was pseudo-independent as "Free Dadra and Nagar Haveli."

Goa , Daman and Diu stormed the Indian army in the second half of December 1961. In terms of constitutional law, the affiliation took place through the 10th and 12th amendments to the Indian constitution and dated Aug. 11, 1961 and March 27, 1962. The Goa, Daman and Diu (Citizenship) Order, 1962 of March 28, 1962 granted Indian citizenship to all residents here before or on Dec. 20, 1961, provided at least one parent or Grandparent was born in the area. Those affected who wanted to retain their previous citizenship had a month to submit a written declaration to the administration. Under international law, however, the transfer of sovereignty was only regulated by the treaty of December 31, 1974. Descendants of Goans who lived in the Diaspora outside of Portugal, i.e. mainly East Africa, had difficulties obtaining Indian papers before 2013. A change in the law stipulated that this group of people, provided that they are children of an Indian father and were born between January 26, 1950 and December 9, 1992, are automatically entitled to Indian nationality. For those born since Dec. 10, 1992, this only applies if their birth has been registered with the relevant diplomatic mission abroad.

On the Portuguese side, residents had the option of having their births entered in the central register there. This allowed them to receive a document called the Bill of Identity (port: Cartão de Cidadão), which enables them to enter the Schengen area together with an Indian passport without a visa . In 2016, an estimated four hundred thousand people had this right. The increasingly nationalist Indian government has been trying to prevent this since the Citizenship Order was issued in 2009 .

French India

French colonial citizenship rules were applied in French India . As early as November 1, 1954, India de facto took control of the 510 km² areas. The treaty signed between India and France on May 28, 1956 on the cession of the four small territories of French India provided that residents born there would automatically become Indian citizens. However, there was a six month option period if someone wanted to remain French. Citizenship (Pondicherry) Order, 1962, regulates citizenship issues, with August 16, 1962 as the deadline.

Sikkim

Through the Protectorate Treaty of May 1950, which continued the colonial relationship of dependency, India controlled the foreign and defense policy of the Kingdom of Sikkim . The Sikkim Subjects Regulation 1961 stipulated that those are subjects who were born in Sikkim before it came into force or who had their domicile here for at least 15 years . This was true including their wives and minor children. Those living abroad were also included if their ancestors had emigrated after 1850 and had not taken on any other citizenship. A directory was created for the subjects (“Register of Sikkim Subjects”). Women marrying in became citizens automatically. Sikkimese citizenship was lost when another was voluntarily adopted or a woman married a foreigner. Naturalizations were granted at the request of the Chögyal (king) in accordance with the implementing regulations or by the government if an applicant had served in the state for ten years. Naturalizations could be revoked in the event of disloyalty to the Chögyal, false information in the application or in the first five years after sentencing to a prison sentence of more than one year.

After an orchestrated coup attempt in 1973, the Indian army marched in and took power. In 1975 a rigged referendum was organized to support the annexation to India. Sikkim was affiliated with the 35th and 36th constitutional amendments. Through the Sikkim (Citizenship) Order, 1975 , all Sikkim subjects became Indian citizens. However, as a federal state it received a certain special status in Art. 371 (F), so that z. B. the CAA of 2019 is (temporarily) not applied.

Tibetan refugees

The Dehli High Court ruled on Dec. 22, 2010 that the ius soli also apply to the children of Tibetan refugees born between Jan 26, 1950 and June 30, 1987 on Indian soil. In fact, until September 2018 it was still difficult for this group of people to have the relevant documents issued. This is also due to the fact that the Tibetan government in exile refuses to issue the applicants with a No Objection Certificate (NOC) required by the Indian authorities.

The Indian government issues a special Long Term Stay Certificate to resident Tibetans . For trips abroad, there are identity certificates as a passport replacement. Their issuance takes an average of one year; they were previously only valid for two years, and since 2017 for five years. These are only recognized as a passport substitute by the USA, Canada and most of the Schengen EU countries. The requirement for India to apply for a re-entry permit ( NORI ) was abolished for Tibetans in July 2018, instead there are re-entry permits.

literature

  • Ashesh, Ashna; Thiruvengadam, Arun; Report on Citizenship Law: India; Edinburgh 2017 (Global Citizenship Observatory).
  • Asmatyar, Areso; Surrogate motherhood in the legal comparison between the legal systems in Germany, India, California and England; Chapter 4 Legal Situation in India, pp. 87–121; ISBN 9783631766477 .
  • Bangar, Asha; Statelessness in India; 2017 (Institute on Statelessness and Inclusion) Sert .: Statelessness Working Paper Series № 2017/02.
  • Gammerl, Benno; Citizens, Subjects, and Others: Dealing with Ethnic Heterogeneity in the British Empire and the Habsburg Empire, 1867-1918; Göttingen 2010 (Vandenhoeck & Ruprecht) [Zugl .: Berlin, Freie Univ., Diss., 2008]; ISBN 9783525370117 .
  • Garg, Ibu Sanjeeb; Revisiting the Nationality Question in Assam; Economic & Political Weekly, Vol. 53, Issue No. 22, 02 Jun, 2018.
  • Gautier, François; Les Français en Inde - Pondichéry, Chandernagor, Mahé, Yanaon, Karikal; 2008 (France Loisirs).
  • Grand Judge, Helge von; Immutability and state disintegration: To clarify references to the legal order of disintegrated states; Rabel's Journal for Foreign and International Private Law, Vol. 65 (2001), pp. 201-21, DOI 10.1628 / 0033725014037645.
  • Hecker, Hellmuth; Citizenship Law of India, Pakistan, Nepal; Frankfurt 1965.
  • Indian community in Nepal and the Nepalese community in India; Asian Survey [ISSN 00044687], 1986.
  • Kanapathipillai, Valli; Citizenship and statelessness in Sri Lanka: the case of the Tamil estate workers; London 2009 (Anthem Press); ISBN 9781843317913 .
  • Rice, miguel; Portuguese citizenship of persons born in the erstwhile 'Estado da India' and of their descendants: practical notes; Panjali 2014; ISBN 9789380837826 ; [Port. as Questāo da nacionalidade dos cidadāos nascidos no natigo estado da India e dos seus descendentes. ]
  • Roy, Anupama; Citizenship in India; New Delhi 2016 (Oxford University Press); ISBN 9780199467969 .
  • Schendel, Willem Van; Stateless in South Asia the making of the India-Bangladesh enclaves; Journal of Asian studies, 2002.
  • Sengupta, Deboleena; What Makes A Citizen: Everyday Life in the India-Bangladesh Enclaves; Economic & Political Weekly Vol. 53, Issue No. 37, 15 Sep, 2018.
  • Siddique, Nazimuddin; Discourse of Doubt: Understanding the Crisis of Citizenship in Assam; Economic & Political Weekly, Vol. 54, Issue No. 10, 9 Mar, 2019.
  • Singh, Sarva Daman [ed.]; Indians abroad; Kolkata 2003 (Hope India Publ.); ISBN 8178710285 .
  • Sinha; Law of Citizenship and Aliens in India; Lucknow 1962 (Asia Publishing House).

Individual evidence

  1. ↑ 4 & 5 Geo. c.17, in force Jan. 1, 1915.
  2. ↑ They were explicitly exempt from the provisions of the Aliens Restriction Acts, 1914 and 1919.
  3. ↑ Ceylon as a crown colony was not part of British India around the sultanate of the Maldives, since 1887 a protectorate, they hardly cared about.
  4. ↑ 10 & 11 Geo. 6, c. 30th
  5. ↑ 11 & 12 Geo. 6 c. 56, in force Jan. 1, 1949.
  6. ↑ Pakistan passed a citizenship law in 1951.
  7. ^ Formalities are regulated by the Citizens (Registration at Indian Consulates) Rules, 1956, July 7, 1956.
  8. ↑ However, the citizenship rules of the constitution applied retrospectively from November 1949, which led to an unclear status in individual cases. Sinha (1962), p. 89 f.
  9. ↑ Except diplomats and children of hostile foreigners if born in an occupied part of India.
  10. ↑ Repealing and Amending Act, 1960 № 58, from December 25
  11. ↑ Citizenship (Amendment) Act, 1985 and the Assam Accord (see below) and Citizenship (Amendment) Act, 1986, in effect July 1, 1987.
  12. ↑ Citizenship (Amendment) Act, 2003 , № 6, 2004.
  13. ↑ For this u. a. the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, GSR937 (E), amended in 2009 and 2010.
  14. ↑ This contains a unique 12-digit personal identification number that is assigned by the Unique Identification Authority of India.
  15. ↑ Act № 47 of 2019; in force Jan. 20, 2020
  16. ↑ SRO 1574, from July 7th, 1956, significant changes: Notification № GSR 383 (E), German 4-6-1981, Notification № GSR 392 (E), German 13-4-1987, Notification № GSR 141 (E ), German 19-3-1998 a. a.
  17. ↑ GSR124 (E).
  18. ↑ According to Appendix 3 (“Schedule 3”) to the Citizenship Act.
  19. ↑ PASSPORT (ENTRY INTO INDIA) ACT 1920 № 34 of 1920, 9th Sept.
  20. ↑ (no dual citizenship) Passports Act, 1967
  21. ↑ Act № 31 of 1946 supplemented by the Foreigners (Report to the police) Order 2001. In addition, the Foreigners (Tribunals) Order, 1964 sets up the tribunals to decide on questions of nationality; changed in 2013 and 2019 (especially significant in Assam).
  22. ↑ № 43 of 1954 of Oct. 9, 1954, in effect Jan. 1, 1955. Replaces the Special Marriage Act, 1872.
  23. ↑ Refers to the state within the borders 1985.
  24. ↑ An entry in the electoral roll for 1967 was sufficient evidence. Background: Garg (2018)
  25. ↑ Every family in India receives one. The amount of subsidized basic food that can be purchased in special shops is determined based on income. Chip cards have been issued instead of books since 2016.
  26. ↑ Started in 2010 on the basis of data from 1951 as a pilot project for an India-wide directory also required by the Supreme Court in 2013.
  27. ↑ The subordinate authorities of the state have sent all 4,637 applications received with denial notices to the headquarters in Delhi. Jan. 8, 2020
  28. ↑ Further information: McConnachie, Kirsten; Boundaries and Belonging in the Indo-Myanmar Borderlands: Chin Refugees in Mizoram ; Journal of Refugee Studies, Vol. 31 (2018), Issue 3, pp. 314–333.
  29. ↑ Agreement Concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters of 1974. Signed on May 16, 1974, only finally implemented by India on July 31, 2015. 14864 enclave residents opted for the Indian one by October 12 Citizenship.
  30. ↑ Lohia, Prachi; Erstwhile enclaves in India: A post-LBA analysis ; Kathmandu 2019 (Forum Aisa)
  31. ↑ For further information: Dotson, Floyd; Indian minority of Zambia, Rhodesia, and Malawi; New Haven 1968
  32. ↑ When the Asians were expelled from Uganda in 1972, only 4,500 came to India, most of the other preferred Great Britain (approx. 28,000). The relationship was similar as a result of the “Africanization” of Malawi (from 1975) and Tanzania.
  33. ↑ № 18 of 1948, from Aug. 20 in effect Nov. 15. The Ceylon (Parliamentary Elections) Amendment Act No. 48 of 1949 also deprived them of the right to vote.
  34. ↑ A distinction is made between the colonial immigrants , who mainly live on the tea plantations in the highlands (4% of the population) and the Jaffa Tamils ​​(11.2%). Further reading: Peebels, Patrick; Plantation Tamils ​​of Ceylon; 2001 (Leicester Univ. Press); ISBN 0718501543
  35. ↑ № 3 of 1949
  36. ^ Nehru-Kotelawala Pact, Jan. 18, 1954; Agreement on Persons of Indian Origin in Ceylon Oct. 30, 1964, known as the Indo-Ceylon Agreement or Sirima – Shastri Pact; Sirimavo-Gandhi Pact, June 28, 1974 terminated by the Indian side 1982. For more information: Pillai, RS; Indo-Sri Lankan Pact of 1964 and the Problem of Statelessness: A Critique; Afro Asian Journal of Social Sciences, Vol. 3 (2012), № 3, pp. 1-14
  37. ^ Grant of Citizenship to Stateless Persons Act, 1988 and Grant of Citizenship to Persons of Indian Origin Act, № 35 of 2003.
  38. ↑ Camp Population as on 1st Nov 2016 . Already with a letter of 23.9. In 1986 and Nov. 21, 2007, the central government had informed the Chief Minister of Tami Nadu that applications for naturalization were in principle not to be accepted ( Phttps: //web.archive.org/save/http: //www.southasiaanalysis.org/node / 2565 , 2020-02-11).
  39. ↑ Act No. 1, 2015 of Jan 5th, in effect March 10th.
  40. ^ Treaty Between the Republic of India And the Republic of France To Confirm the Cession of the Territory of the Free Town of Chandernagore
  41. ↑ S. O. 959, March 28, 1962, in Gazette of India, Pt. II, Sec. 3 (i), March 29, 1962.
  42. ^ Treaty Between the Government of India and the Government of the Republic of Portugal and Recognition of India's Sovereignty Over Goa, Daman, Diu, Dadra and Nagar Haveli and Related Matters in which citizenship issues are not mentioned.
  43. ↑ According to (Portuguese) law № 12533 ​​of October 23, 1926, i. V. m. Law № 308-A / 75 of June 24, 1975.
  44. ↑ Reis (2013)
  45. ^ Treaty Between the Republic of France and India Establishing Cession by the French Republic to the Indian Union of the French Establishments in India , ratified in 1962. The option regulation is identical to that of Chandarnagore.
  46. ↑ GSR 1640, November 29, 1962, in Gazette of India, Pt. II, Sec. 3 (i), 8 Dec. 1962. Supplementary implementing provisions GSR 1769 and GSR 1770, both of 16 Dec. 1962.
  47. ↑ Contract texts
  48. ↑ Notification No.156 / S-61 of July 3; amended by: Notification № S / 277/61 (Jan. 16, 1962), Notification № S / 252/65 (July 26, 1965) and Notification № 790 / H (Dec. 3, 1970). Repealed by The Adaptation of Sikkim Laws (Number I) Order, 1975, text in (Sikkim) Extraordinary Gazette № 41, May 16 , 1975 , .
  49. ↑ In the case of Namgyal Dolkar v. Ministry of External Affairs
  50. ↑ Since 1971, however, a Green Book has been issued to Tibetans abroad in which voluntary tax payments are proven, and that, if there is a Tibetan state again, it should serve as proof of citizenship.
  51. ↑ [1]