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British Indian passports were issued to British subjects of the British Indian Empire, as well as to British subjects from other parts of the British Empire, and subjects of the British protected states in India (i.e. British protected persons of the ‘princely states’). These passports were introduced in British India after the First World War. The Indian Passport Act of 1920 required the use of passports, established controls on the foreign travel of Indians, and foreigners traveling to and within India. The passport was based on the format agreed upon by the 1920 League of Nations International Conference on Passports. However, the British Indian passport had very limited usage, being valid for travel only within the British Empire, Italy, Switzerland, Austria, Czechoslovakia, Germany, France, Spain, Norway, Sweden and Holland.
The use of the Dominion of India passport was discontinued after the establishment of the dominions of India and Pakistan in 1947, and its bearers were entitled to opt for Indian, Pakistani or British nationality. Passport laws were made strict in both the countries in 1952. Despite Pakistan’s continued aggression and infiltration, Indian government allowed visa free arrival from Pakistan until the second Kashmir War.
India initiated the first phase of biometric e-passport for Diplomatic passport holders in India and abroad. The new passports have been designed locally by the Central Passport Organization, the India Security Press and IIT Kanpur. It contains a security chip with all personal data and digital images. In the first phase new passports will have a 64KB chip carrying a photograph of the passport holder and in subsequent phases it will have a fingerprint. The new passport has already been tested with passport readers in the United States and has 4-second response time, while the US Passport has 10-second response time. It need not be carried in a metal jacket for security reasons. It will first need to be skimmed through a reader, after which it would generate an access code which then unlocks the chip for reader access.
In India, the e-passport is under its first phase of deployment and is restricted to Diplomatic passport holders. On 25 June 2008 the Indian Passport Authority issued the e-passport to the then President of India Pratibha Patil. As of 2016, the Government has plans to issue e-passports to all of its citizens. Also the Government has authorized Indian Security Press to float a global three-stage tender for procurement of ICAO-compliant electronic contactless inlays along with its operating system, which is required for the manufacture of Biometric Passports. The necessary procurement have been initiated by India Security Press, Nasik by calling for Global tender for the supply of electronic contactless inlays. The actual transition to the new age passport is expected to commence on the successful completion of the tendering and procurement process. The Biometric E-Passport work is currently in progress/pipeline and is yet to be available for Ordinary Passport holders. The availability and implementation of E-Passport is expected to be delayed by a further 1-2 years due to disruptions cause by the COVID-19 pandemic.
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The conferment of a person as a citizen of India is governed by the Part II of the Constitution of India (Articles 5 to 11). According to Article 5, all the people who were resident in India at the commencement of the Constitution were citizens of India as well as people born in India. The President of India is termed the First Citizen of India.
The Indian legislation related to this matter is The Citizenship Act, 1955, which has been amended by the Citizenship (Amendment) Acts of 1986, 1992, 2003, 2005, 2015 and 2019. The 1986 amendment restricted citizenship by birth to require that at least one parent had to be an Indian citizen. The 2003 amendment further restricted that aspect by requiring that a parent could not be an illegal immigrant. The 2003 amendment also mandated the Government of India to construct a National Register of Citizens. The 2019 amendment provided an easier path to citizenship for minorities persecuted on the basis of religion, i.e Hindus, Sikhs, Buddhists, Jains, Parsi and Christians from the neighbouring Muslim-majority countries of Bangladesh, Pakistan, and Afghanistan who entered India before December 2014. These two measures have given rise to large-scale protests in India in 2019.
Article 9 of Indian Constitution says that a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen. Also, according to The Passports Act, a person has to surrender his/her Indian passport and voter card, and other Indian ID cards must not be used after another country’s citizenship is obtained. It is a punishable offense if the person fails to surrender the passport. The current Indian nationality law largely follows the jus sanguinis (citizenship by descent) as opposed to the jus soli (citizenship by right of birth within the territory).
People living in the territory of India as on 26 November 1949 automatically became Indian citizens through operation of the relevant provisions of the Indian Constitution coming into force, and most of these constitutional provisions came into force on 26 January 1950. The Constitution of India also made provision regarding citizenship for migrants from the territories of Pakistan which had been part of India before partition.
Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 but before 3 December 2004 is a citizen of India if one of the parents was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth. In September 2013, the Bombay High Court gave a judgement that a birth certificate, passport or even an Aadhaar card alone may not be enough to prove Indian citizenship, unless the parents are Indian citizens.
In a 2012 case, the Bombay High Court ruled that a man who was born in Pakistani-administered Kashmir and entered into India was an Indian citizen and should be granted an Indian passport, since India considers all of the Kashmir region to fall within its borders.
Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth. Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth.
From 3 December 2004 onward, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian diplomatic mission within one year of the date of birth. In certain circumstances it is possible to register after one year with the permission of the Central Government. The application for registration of the birth of a child must be made to an Indian diplomatic mission and must be accompanied by an undertaking in writing from the parents of the child that he or she does not hold the passport of another country.
The Ministry of External Affairs (abbreviated as MEA; IAST: Vidésha Mantrālaya) of India is the government agency responsible for maintaining the of foreign relations of India. It is headed by the Minister of External Affairs, a cabinet minister. The administrative head is the Foreign Secretary of India, an Indian Foreign Service officer. The Ministry represents the Government of India through embassies and is also responsible for India’s representation at the United Nations and other international organizations. It also advises other Ministries and State Governments on foreign governments and institutions.
The Ministry was initially the Ministry of External Affairs and Commonwealth Relations, a holdover from the British Raj. It was renamed the Ministry of External Affairs in 1948. Prime Minister Jawaharlal Nehru held the portfolio as an additional charge till his death in 1964 and it was only then that a separate Minister with Cabinet rank was appointed. The ministry is responsible for the administration of Naga Hills, Tuensang Area, Indian Emigration Act of 1923, the Reciprocity Act of 1943, the Port Haj Committee Act of 1932, the Indian Merchant Shipping Act in so far as it relates to pilgrim ships, the Indian Pilgrim Shipping Rules of 1933, the Protection of Pilgrims Act of 1887 (Bombay) and the Protection of the Mohammedan Pilgrims Act of 1896 (Bengal) are also the special responsibility of the Ministry of External Affairs.
The Ministry is the cadre controlling authority of the Indian Foreign Service, the service is wholly under the administration and supervision of the External Affairs Ministry.
This is a list of diplomatic missions of India. India has a large diplomatic network, reflecting its links in the world and particularly in neighbouring regions: Central Asia, the Middle East, East Africa, Southeast Asia, and the rest of the Indian subcontinent. There are also far-flung missions in the Caribbean and the Pacific, locations of historical Indian diaspora communities.
As a member of the Commonwealth of Nations, Indian diplomatic missions in the capitals of other Commonwealth members are known as High Commissions. In other cities of Commonwealth countries, India calls some of its consular missions “Assistant High Commissions”, although those in the cities of Birmingham[1] and Edinburgh in the United Kingdom and the city of Hambantota in Sri Lanka are known as “Consulates-General”.
As of February 2021, India has 199 missions and posts operating globally and new missions are to be opened in 2020-21 in Cape Verde, Chad, Dominican Republic, Estonia, Guinea-Bissau, Mauritania, Paraguay, Republic of the Congo, Sao Tome and Principe, and Somalia.
Overseas Indians, officially known as Non-Resident Indians (NRIs) or Persons of Indian Origin (PIOs), are people of Indian birth, descent or origin who live outside the Republic of India. According to a Ministry of External Affairs report, there are 36 million NRIs and PIOs residing outside India.
Strictly asserting, the term says non-resident refers only to the tax status of a citizen who, as per section 6 of the Income-tax Act of 1961, has not resided in India for a specified period for the purposes of the Income Tax Act. The rates of income tax are different for persons who are “resident in India” and for NRIs. For the purposes of the Income Tax Act, “residence in India” requires stay in India of at least 182 days in a financial year or 365 days spread out over four consecutive years and at least 60 days in that year. According to the act, any Indian citizen who does not meet the criteria as a “resident of India” is a non-resident of India and is treated as NRI for paying income tax.
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