The Indian Constitution does not bar a naturalized citizen from becoming a Prime Minister. However, in the US, the Constitution permits naturalized citizens for become members of the Senate only (Federal House) but not the President.
Voting rights (for election to the house of People and Legislative Assemblies of the states) is available to the citizens only. Only a citizen can become member of union and state legislatures. However recently there has been a change in this provision.
Parliament has approved voting rights for non-resident Indians in elections with the Lok Sabha adopting the Representation of the People (Amendment) Bill, 2010. The Rajya Sabha passed the Bill on 31st August 2010.
The Representation of the People (Amendment) Bill, 2010 seeks to provide that every citizen of India whose name is not included in the electoral roll and who has not acquired the citizenship of any other country and who is absenting from his place of ordinary residence in India owing to his conditions such as employment, education, shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence is mentioned in his passport.
Under Article 9 of Indian Constitution, a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen.
From December 3, 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth.
CONSTITUTIONAL PROVISIONS:
Articles 5 to 8 mentions about the citizenship at the commencement of constitution
Citizenship by Domicile (Article 5), only on the fulfillment of 2 conditions.
- Having domicile in the territory of India at the commencement of the constitution.
- Fulfills one of the following 3 conditions:
Born in India
Either of his/ her parents born in India.
Ordinarily resident of India for not less than 5 years.
There are two categories of Citizenship of Migrants of India from Pakistan (Art 6)
- Came to India before July 19, 1948 (Date on which permit system for migration introduced) and has been ordinarily residing in India since then.
- Migrated on or after July 19, 1948 and registered as citizen by an officer appointed by GOI.
Citizenship of Migrants of Pakistan (Article 7): It overrides Articles 5 and 6 as it declares that a person who migrated from India to Pakistan after 1st March 1947, but had subsequently returned to India under a permit issued under authority of any law provided the he gets himself registered in same manner as under Art 6 (b) (ii).
Citizenship of Persons of Indian Origin residing outside India (Art 8): made for Indians living in foreign countries at the date of commencement of constitution.
