Now a day’s India has been receiving large numbers of immigrants, mostly from the neighbouring countries and some from different parts of the world, and hence it needs to be seen as a major immigration hub. The purpose of immigration is obtaining citizenship or nationality in another country. The law relating to citizenship or nationality in India is mainly governed by the provisions of the Constitution of India.
The Constitution provides for single citizenship:
The provisions regarding citizenship are contained in Articles 5 to 11 in part II.
Articles 5 to 9 of the Constitution provides for the status of persons as Indian citizens since the Commencement of the Constitution of India.
Article 10 lays provisions for their continuance as such citizens, subject to the stipulations of any law which may be passed by the parliament.
Article 11 of the Constitution provides power to the parliament to make any provisions regarding the acquisition, termination and other matters pertaining to citizenship.
Article 5 states that at the commencement of this constitution, every person who has his domicile in the territory of India, along with the following:
- Who was born in the territory of India; or
- Either of whose parents were born in the territory of India; or
- Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
Article 6 of the Constitution provides for the rights of citizenship of certain persons who have migrated to India from Pakistan.
Article 7 of the Constitution has made provisions for citizenship of certain migrants to Pakistan, and Article 8 provides for the rights of citizenship of certain persons of Indian origin residing outside India.
When any person enters a new country to establish permanent residence and ultimately getting citizenship, it is called Immigration. Immigration Law constitutes a very complicated set of rules, regulations, and exceptions, the residence of immigrants is subject to the conditions set by the Immigration Law. Every nation has specific laws to govern Immigration within it.
There are total 86 Immigration Check Posts all over India, catering to international traffic. Out of these, 37 ICPs are functioning under the Bureau of Immigration, while the concerned State Governments are managing the remaining.
The law which exclusively governs Immigration in a nation is called the Immigration Law. For instance, a Government may in its discretion determine who it may allow in, and for how long, and who it may deport, the subject of course to internationally accepted basic human rights and principles.
As far as foreign citizens are concerned, Immigration Law is related to the Nationality Law of a national governing the matters relating to citizenship. International Law regulates Immigration Law concerning the citizens of a country. Hence, Immigration law refers to national government policies which control the phenomenon of immigration to their country.
What is the embarkation form?
A departure card or embarkation form, also known as an outgoing passenger card, is a Legal Document used by immigration officials to provide passenger identification and record of a person’s departure from certain countries. It also serves as a piece of information about health and character requirements for non-citizens entering a particular country.
The departure card includes details like full name, nationality, passport number, flight number or name of aircraft, ship or vehicle, the purpose of the trip, duration of stay, destination (next stop of disembarkation), and the address in the country.
Various Acts Governing Immigration Into India:
- The Citizenship Act, 1955
- The Registration of Foreigners Act, 1939
- The Immigration (Carriers Liability) Act, 2000
- The Passport (Entry into India) Act, 1920
- The Passports Act, 1967
- The Emigration Act, 1983
- Foreign Contribution Regulation Act, 1976
- The Foreigners Act, 1946
- Foreigners Law (Application and Amendment) Act, 1962.