The acquisition and loss of citizenship in India are governed by the Citizenship Act, 1955, as amended from time to time, and Articles 5 to 11 of the Constitution of India. Citizenship signifies the legal status of an individual as a member of a sovereign nation. It entails rights, privileges, and duties. India provides for citizenship primarily through five modes of acquisition and prescribes specific provisions for its loss. Here is a detailed discussion on both aspects:
Acquisition of Citizenship in India
The Citizenship Act, 1955 lays down the following five methods for the acquisition of Indian citizenship:
1. By Birth
According to Section 3 of the Citizenship Act:
- A person born in India between January 26, 1950 and July 1, 1987 is a citizen by birth, regardless of the nationality of the parents.
- If born between July 1, 1987 and December 3, 2004, the person is a citizen only if either parent is an Indian citizen at the time of birth.
- For births after December 3, 2004, citizenship is granted only if one parent is an Indian citizen and the other is not an illegal migrant.
2. By Descent
As per Section 4:
- A person born outside India on or after January 26, 1950, is a citizen by descent if either parent was an Indian citizen at the time of birth.
- For those born after December 3, 2004, registration of the birth at an Indian consulate is mandatory for citizenship to be granted.
- If the Indian parent acquired citizenship by descent, then the child must be registered within one year of birth.
3. By Registration
Section 5 of the Act allows certain categories of persons to acquire citizenship by registering with the Government of India:
- Persons of Indian origin who are ordinarily resident in India for seven years.
- Persons of Indian origin who are ordinarily resident in any country outside India.
- Persons who are or have been married to an Indian citizen and have resided in India for seven years before applying.
- Minor children of Indian citizens.
- Persons of full age and capacity whose parents are Indian citizens.
4. By Naturalization
Section 6 deals with this provision:
- A foreigner can acquire Indian citizenship by naturalization after residing in India for twelve years (including 11 years of residence in the 14 years preceding the application and 1 year of continuous residence immediately before the application).
- The government can waive the residence requirement in certain cases, especially for individuals who have rendered distinguished service to the nation (e.g., science, art, literature).
5. By Incorporation of Territory
Section 7 provides that if any foreign territory becomes part of India, the Government of India may specify the persons from that territory who shall be citizens of India. For example, the citizens of Sikkim became Indian citizens when Sikkim was incorporated into India in 1975.
Loss of Citizenship in India
Citizenship may be lost in the following ways as per the Act:
1. By Renunciation (Section 8)
- Any Indian citizen of full age and capacity can voluntarily renounce their Indian citizenship by making a declaration.
- Upon such renunciation, if the person has children, they also lose Indian citizenship, but they can reclaim it when they turn 18.
2. By Termination (Section 9)
- If an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship automatically terminates.
- This provision is significant because India does not allow dual citizenship in the full legal sense.
3. By Deprivation (Section 10)
- The Government of India can deprive a person of their citizenship if it was obtained by fraud, if the person has shown disloyalty to the Constitution, unlawfully traded or communicated with an enemy during war, or has been sentenced to imprisonment for two years within five years of naturalization or registration.
- The person must be given a notice and an opportunity to be heard.
Conclusion
India follows a single citizenship system and the principles governing the acquisition and loss of citizenship ensure that only those genuinely connected to the country—by birth, heritage, or allegiance—become its citizens. These provisions safeguard national interests while offering legitimate avenues for foreigners and overseas Indians to acquire Indian citizenship. The balance between inclusiveness and national security is the guiding principle of India’s citizenship laws.
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