Termination of citizenship
From Advocatespedia, The Law Encyclopedia
INTRODUCTION:In regard of Indian citizenship, The Constitution does not lay down a permanent or comprehensive provision relating to citizenship in India. Articles 5 to 11 under Part II of the Constitution simply describes classes of persons who would be deemed to be the citizen of India at the time of commencement of the Constitution that is on 26th January, 1950 and leaves the entire law of the citizenship to be regulated by law made by Parliament. In exercise of its power the Parliament has enacted
|Termination of citizenship|
|Published on||26 May 2019|
ACQUISITION OF INDIAN CITIZENSHIP:
The Citizenship Act 1955 provides for the acquisition of Indian Citizenship after the commencement of the Constitution in five ways; i.e. birth, descent, registration, naturalization and incorporation of territory.
a. Citizenship by birth. Any person born in India, on or after 26th January 1950 but prior to the commencement of the 1986 Act on 1st July 1987, is a citizen of India if either of his parent was a citizen of India at the time of the birth. Further, those born in India on or after 3rd December 2004 are considered citizens of India only if both their parents are citizens of India or if one parent is a citizen of India and the other not an illegal migrant at the time of their birth.
b. Citizenship by descent. Person born outside India on or after 26th January 1950 but before 10th December 1992 are citizen 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 10th December 1992 are considered as citizen of India if either of their parents is a citizen of India at the time of their birth. From 3rd December 2004 onwards, person born outside India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year with the permission of the central government.
c. Citizenship by registration. Any person, who is not a citizen by virtue of the Constitution or the provisions of the Citizenship Act and belongs to any of the following categories, can apply for registration as a citizen. However, he must have resided in India for at least seven years immediately before making an application for registration as a citizen. These are:
1. a person of India origin who is ordinarily in India for seven years before making application for registration. (throughout the period of twelve months immediately before making application and for six years in the aggregate in the eight years preceding the twelve months).
2. a person of Indian origin who is ordinarily resident in any country or place outside undivided Indian;
3. 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;
4. minor children of persons who are citizens of India;
5. a person of full age and capacity whose parents are registered as citizen of India.
6. a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one years immediately before making an application for registration;
d. Citizenship by naturalization. A foreigner, on application for naturalization to a competent authority appointed by the State, can acquire Indian citizenship provided he satisfies certain conditions like having normal resided for at least twelve years in India in a period of 14 years before making an application.
Other conditions are:
1. That he is not a citizen or subject of a country where Indian citizens are prevented from becoming citizens by naturalization;
2. that he renounces his citizenship of the other country;
3. that he has either resided in India and/or been in government service for 12 months immediately preceding the date of application;
4. that during 14 years prior to these 12 months, he has either resided and/or been in government services for not less than 11 years;
5. that he is of good character;
6. that he has an adequate knowledge of a language recognized by the Constitution;
7. that after naturalization he intends to reside in India.
If the Central government is of the opinion that the applicant 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 above conditions for naturalization in his case.
e. Citizenship by incorporation of territory. If any new territory becomes a part of India, the Government of India, the Government of India shall notify the persons of that territory to be citizens of India.<ref<http://www.iasplanner.com/civilservices/ias-pre/gs-polity/citizenship-and-the-constitution
Loss of Indian Citizenship:
The Citizenship Act, 1955 prescribes whether acquired under the act or prior to it under the Constitution viz. renunciation, termination and deprivation.
It is a voluntary act by which a person, after acquiring the citizenship of another country, gives up his Indian Citizenship. This provision is subject to certain conditions.
It takes place by operation of law when an Indian citizen voluntarily. He automatically ceases to be an Indian citizen.
It is a compulsory termination of Indian citizenship by the Central government, if
1. The citizen has obtained the citizenship by fraud.
2. The citizen has shown disloyalty to the Constitution of India.
3. The citizen has unlawfully traded or communicated with the enemy during a war.
4. The citizen has, within five years after registration or neutralization, been imprisoned in any country for two years.
5. The citizen has been ordinarily resident out of India for seven years continuously.<ref<https://edugeneral.org/blog/polity/acquisition-loss-of-indian-citizenship/
TERMINATION OF CITIZENSHIP:
Termination takes place by operation of law. When an India citizen voluntarily acquires the citizenship of another country, he automatically ceases to be an Indian citizen. so let discuss about the statutory provision in this regard as follows:
Section.9 of citizenship act, 1955-
1. Any citizen of India who by naturalisation, registration otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commence¬ment of this Act, voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India: Provided that nothing in this sub-section shall apply to a citi¬zen of India who, during any war in which India may be engaged, voluntarily acquires, the citizenship of another country, until the Central Government otherwise directs.
2. If any question arises as to whether, when or how any 1[citizen of India] has acquired the citizenship of another country, it shall be deter¬mined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf.<ref<https://indiankanoon.org/doc/1001528/
So, that all about in the regard of the termination of Indian citizenship in these cases i discuss about the gaining of Indian citizenship and then we know about the loosing of citizenship