PREAMBLE
Many countries have the law called Citizenship Act which regulates the citizenship of the countries. An Act to provide for acquisition and determination of Indian citizenship. Along with Constitution of India , The Indian Citizenship Act 1955 is an exhaustive law relating to the citizenship in India. Citizenship provides rights such as right to vote, and are also subjected to duties such as paying taxes. Citizenship is covered in Part II of the Constitution , within Articles 5 to 11. It took enormous drafts and two years of time to finanalise.
DEFINITION
Citizen
"A native is a naturalized member of a state or other political community"
"A citizen is a participating member of a political community."
" A citizen is very different from a person who is merely residing in the land. A citizen enjoys voting rights,as well as the right to various govt services, as reserved for citizens only "
" By inheritance , marriage, birth, naturalization are the ways to become a recognized citizen of the country. Every state grants some legal rights and privileges to its citizens and they are also bound to follow the rules and regulations framed by the Govt of the respective country"
" Article 8 provides that any person who or either of those parents or grand parents was born in India as defined in Govt of India Act 1955 and who is ordinarily residing in any country outside India shall be deemed to be citizen of India , if he has registered as an Indian citizen by diplomatic or councilor"
Citizenship
" Status of a citizen with rights and duties "
"Position or status of being a citizen of a particular country "
" A citizen is a participating member of a political community. Citizenship is gained by meeting the legal requirements of a national, state or a local Govt. A nation grants certain rights and privileges to its citizens. In return , citizens are expected to obey their country's laws and defend it against the enemies"
" The state of being vested with rights , privileges and duties of a citizen. The character of an individual viewed as a member of society, behavior in terms of the duties , obligations and functions of a citizen "
" The citizenship is a status acquired by becoming a registered member of the state by law. Any person can become a member of the state by satisfying the legal requirement of the respective country. In simple terms, the virtue of being the citizens of the country is called citizenship. "
"Citizenship is the status of being a citizen.If you have a citizenship in a country, you have the right to live there, work, vote and pay taxes. Citizenship comes from the Latin word 'for city'. In the earlier days of human governments, people identified themselves as belonging to cities more than countries."
Meaning of citizenship and Nationality - Nationality is an ethnic or racial concept. On the other hand , citizenship is a legal or justice concept . The nationality of a person indicates his/her place or country of birth while the citizenship of a person shows that the individual is registered as a citizen by the Government of the respective Country.
Citizenship Law in India
Part II of the Constitution of India ( Articles 5 to 11 ) deals with the Citizenship of India. Article 11 gave powers to Parliament of India to regulate the right of Citizenship by law. That is how Citizenship Act 1955 was enacted by the Parliament.
The Citizenship Act 1955 came into force from 30th December 1955 , which deals with matters and legal provisions relating to the acquisition, determination and termination of Indian Citizenship.
There are Four major modes of acquiring citizenship of India, in other words Citizenship can be acquired by
- By Birth
- By Descent
- By Registration
- By Naturalization
- By incorporation of Territory
Citizenship by Birth
1.Every person born in India (Except as mentioned in sub-section 2 below)
- a) On or before 26th of January 1950, but before 1st day of July 1987
- b) On or after the 1st day of July 1987, but before the commencement of the citizenship (Amendment) Act 2003 and either of whose parents is a citizen of India at the time his birth
- c) On or after the commencement of the Citizenship(Amendment) where
- Both of his parent are citizens of India; or
- one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth
shall be a citizen of India by Birth
2. A person shall not be a citizen of India by virtue of this if at the time of his birth -
- Either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or
- His father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy
Citizenship by Descent
A person born outside India shall be a citizen of India by descent -
a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act , whichever is later or, with the permission of the Central Government, after the expiry of the said period or
b)his father is,at the time of his birth, in service under the Govt of India
Provided further that if either of the parents of a person referred to clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless-
a) his birth is registered at an Indian consulate within one year of its occurrence or on after the 10th Day of December 1992, whichever is later , or, with the permission of the Central Govt, after the expiry of the said period. or
b) Either of his parent is , at the time of his birth, in service under a Govt in India
Provided also that on or after the commencement of the Citizenship (Amendment) Act 2003 , a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,
(i) within one year of its occurrence or the commencement of the Citizenship(Amendment)Act 2003, whichever is later,or
(ii) with the permission of the central Government , after the expiry of the said period
Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country
Citizenship by Registration
Subject to the provisions of this section and such other conditions and restrictions, the Central government may, on an application made on this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any provision of this Act if he belongs to any of the following categories
provided that, if in the opinion of the Central Government , the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule
2. The person to whom a certificate of naturalization is granted under sub section (1) shall, on taking the oath of allegiance in the form of specified in the Second Schedule, be a citizen of India by naturalization as from the date on which that certificate is granted.
Citizenship by incorporation of Territory
If any territory becomes a part of India, the Central Government may, by order notified in the Official Gazette, specify the persons who shall be citizens of India by reason of their connection with that territory, and those persons shall be citizens of India as from the date to be specified in the order.
Termination of Citizenship
Citizenship is terminated either by renunciation or acquisition of citizenship of another country
Where a person ceases to be a citizen of India every minor child of that person shall thereupon cease to be a citizen of India, provided that any such child may, within one year after attaining full age, make a declaration that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.
A person born outside India shall be a citizen of India by descent -
- On or after 26th January 1950, but before 10th December 1992(that is Citizenship(Amendment) Act 1992) , if his father is a citizen of India at the time of his birth, or
- On or after 10th December 1992, if either of his parents is a citizen of India at the time of his birth
a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act , whichever is later or, with the permission of the Central Government, after the expiry of the said period or
b)his father is,at the time of his birth, in service under the Govt of India
Provided further that if either of the parents of a person referred to clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless-
a) his birth is registered at an Indian consulate within one year of its occurrence or on after the 10th Day of December 1992, whichever is later , or, with the permission of the Central Govt, after the expiry of the said period. or
b) Either of his parent is , at the time of his birth, in service under a Govt in India
Provided also that on or after the commencement of the Citizenship (Amendment) Act 2003 , a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,
(i) within one year of its occurrence or the commencement of the Citizenship(Amendment)Act 2003, whichever is later,or
(ii) with the permission of the central Government , after the expiry of the said period
Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country
- A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship of nationality of another country within six months of attaining full age
- if the Central government so directs, a birth shall be deemed for the purpose of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration.
- For the purposes of the provisions to sub-section (1) above, any person born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only
Citizenship by Registration
Subject to the provisions of this section and such other conditions and restrictions, the Central government may, on an application made on this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any provision of this Act if he belongs to any of the following categories
- a person of Indian origin who is ordinarily resident in India for Seven Years before making an application for registration
- A person of Indian Origin who is ordinarily resident in any country or place outside undivided India
- a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration
- minor children of persons who are citizens of India
- a person of full age and capacity whose parents are registered as citizens of India under clause (1) of this sub-section or sub-section (1) of Section 6
- a person of full age and capacity who,or either of his parents , was earlier citizens of independent India and is ordinarily resident of India for twelve months immediately before making an application for registration
- a person of full age and capacity who has been registered as an Overseas India Cardholder for five years and who is ordinarily resident in India for twelve months before making an application for registration
Citizenship by Naturalization
- Where an application is made in the prescribed manner by any person of full age and capacity , not being an illegal migrant, for the grant of a certificate of naturalization to him, the Central Government may, if satisfied that the applicant is qualified for naturalization under the provision of the Third Schedule , grant him a certificate of naturalization
provided that, if in the opinion of the Central Government , the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule
2. The person to whom a certificate of naturalization is granted under sub section (1) shall, on taking the oath of allegiance in the form of specified in the Second Schedule, be a citizen of India by naturalization as from the date on which that certificate is granted.
Citizenship by incorporation of Territory
If any territory becomes a part of India, the Central Government may, by order notified in the Official Gazette, specify the persons who shall be citizens of India by reason of their connection with that territory, and those persons shall be citizens of India as from the date to be specified in the order.
Termination of Citizenship
Renunciation of Citizenship
If any citizen of India of full age and capacity, who is also a citizen or national of another country, makes in the prescribed manner a declaration renouncing his Indian citizenship, the declaration shall be registered by the prescribed authority, and upon such registration, that person shall cease to be citizen of India. Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs.
Where a person ceases to be a citizen of India every minor child of that person shall thereupon cease to be a citizen of India, provided that any such child may, within one year after attaining full age, make a declaration that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.
Deprivation of Citizenship
* The Central government under section 10 of the Indian Citizenship Act 1955 deprives any citizen of Indian Citizenship if it is satisfied that -
* The Central government under section 10 of the Indian Citizenship Act 1955 deprives any citizen of Indian Citizenship if it is satisfied that -
- A citizen of India who is such by naturalization or by virtue only of clause(c) of Article 5 of the constitution or by Registration otherwise than under clause(b)(ii) of Article 6 of the Constitution or clause(a) of sub-section (1) of Section 5 of this Act, shall cease to be a citizen of India, if he is deprived of that citizenship by an order of Central Government under this section
- Subject to the provisions of this section, the Central Government may, by order, deprive any such citizen of Indian Citizenship , if it is satisfied that ;
- the registration or certificate of naturalization was obtained by means of fraud, false representation or the concealment of any material fact; or
- that the citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established; or
- that the citizen has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business that was to his knowledge carried on in such manner as to assist an enemy in that war ; or
- that the citizen has, within five years of registration or naturalization, has been sentenced in any country to imprisonment for a term of not less than two years; or
- that the the citizen has been ordinarily resident out of India for a continuous period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government in India or of an international organisation of which India is a member, not registered annually in the prescribed manner at an Indian consulate his intention to retain his citizenship of India.
3. The Central Government shall not deprive a person of citizenship under this section unless it is satisfied that it is not conducive to the public good that person should continue to be a citizen of India
4. Before making an order under this section, the Central Government shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and, if the order is proposed to be made on any of the grounds specified in sub-section (2) other than clause (e) thereof, of his right, upon making application therefore in the prescribed manner, to have his case referred to a committee of inquiry under this section
5. If the order is proposed to be made against a person on any of the grounds specified in sub-section (2) other than clause (e) thereof and that person so applies in the prescribed manner, the Central Government shall, and in any other case it may, refer the case to a Committee of Inquiry consisting of a chairman(being a person who has for at least ten years held a judicial office) and two other members appointed by the Central government in this behalf
6. The Committee of inquiry shall, on such reference, hold the inquiry in such manner as may be prescribed and submit its report to the Central Government; and the Central Government shall ordinarily be guided by such report in making an order under this section.
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Meaning of common terminologies used elsewhere in this article :
1. Full Age and Capacity : A person who has acquired the age of 18 as per the Indian Constitution and as a result is entitled to all the legal rights laid down in the Constitution and a person acquiring full age possesses the legal capacity to exercise his rights as a citizen
2. Undivided India : Means as defined in the Government of India Act 1935 as originally enacted. Undivided India is made up of provinces of British India and some or all the princely states including present Pakistan and Bangladesh
3. Person of Indian origin : is a person of Indian origin or ancestry but who is not a citizen if India and is the citizen of other country . A PIO might have been a Citizen of India and subsequently taken the citizenship of another country or have ancestors born in India
4. Overseas citizen of India card holder : The Overseas Citizenship of India is an immigration status permitting a foreign citizen of Indian Origin to live and work in the Republic of India indefinitely.The OCI was introduced in response to demands of dual citizenship by the Indian diaspora, particularly in developed countries.
5. Illegal Migrant : A foreigner who has entered into India without a valid passport or other valid travel documents and or remain there with valid documents beyond a permitted time
6. Indian consulate : means an office of consular officer of the Government of India where a register of births is kept
4. Overseas citizen of India card holder : The Overseas Citizenship of India is an immigration status permitting a foreign citizen of Indian Origin to live and work in the Republic of India indefinitely.The OCI was introduced in response to demands of dual citizenship by the Indian diaspora, particularly in developed countries.
5. Illegal Migrant : A foreigner who has entered into India without a valid passport or other valid travel documents and or remain there with valid documents beyond a permitted time
6. Indian consulate : means an office of consular officer of the Government of India where a register of births is kept
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