Citizenship
The word ‘Citizen’ is derived from the Latin term ‘Civis’. It means resident of a City State. The Constitution of India provides for a single and uniform citizenship for the whole of India. Articles 5 to 11 under part II of the Constitution deals with the citizenship.
Citizenship Act (1955)
The Citizenship Act of 1955 provides for acquisition and loss of citizenship after the commencement of the Constitution. This Act has been amended so far eight times.
Acquisition of Citizenship
According to the Citizenship Act, 1955, the citizenship could be acquired through any of the following methods.
1. By Birth:
All persons born in India on or after January 26, 1950 are treated as citizens by birth.
2. By Descent:
A person born outside India on or after January 26, 1950 shall be a citizen of India by descent, if his father is a citizen of India at the time of his birth.
3. By Registration:
A person can acquire citizenship of India by registration with appropriate authority.
4. By Naturalisation:
A foreigners can acquire Indian citizenship, on application for naturalization to the Government of India.
5. By Incorporation of Territory:
In the event of a certain territory being added to the territory of India, the Government of India shall specify the persons of that territory who shall be citizen of India.
Loss of Citizenship
The Citizenship Act of 1955 prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation.
1. It can be voluntarily renounced by a citizen.
2. It can be terminated if a person acquires the citizenship of some other country.
3. The central government can deprive a naturalized citizen, if it satisfied that the citizenship was acquired by fraud, false representation or concealment of material facts or indulges in trade with enemy countries or if the person has been sentenced to imprisonment for a period of 2 years.
Conclusion:
Citizenship is a vital legal bond between an individual and a nation, defining the rights and responsibilities of both parties. In India, citizenship is governed by the Constitution and the Citizenship Act of 1955. Through a structured process, individuals can acquire Indian citizenship either by birth, descent, registration, naturalization, or by the incorporation of new territory. However, citizenship can also be lost through voluntary renunciation, acquiring a foreign nationality, or being deprived due to fraudulent means or illegal activities. These provisions ensure that the acquisition and loss of citizenship are clearly defined, providing a uniform legal framework for all citizens.
Frequently Asked Questions (FAQs):
How can a person acquire Indian citizenship by birth?
o Any person born in India on or after January 26, 1950, is considered an Indian citizen by birth, as per the Citizenship Act, 1955.
Can a person born outside India acquire Indian citizenship?
o Yes, a person born outside India can acquire Indian citizenship by descent if their father was an Indian citizen at the time of their birth.
What is the process for acquiring citizenship by naturalization?
o Foreign nationals can apply for Indian citizenship through naturalization, which requires submitting an application to the Government of India and fulfilling the criteria specified under the Citizenship Act.
What does ‘renunciation’ of citizenship mean?
o Renunciation means voluntarily giving up one's Indian citizenship. A person may renounce their citizenship by a formal declaration and surrender their citizenship certificate.
Can someone lose their Indian citizenship for acquiring another nationality?
o Yes, if a person voluntarily acquires the citizenship of another country, their Indian citizenship will be terminated, as India does not allow dual citizenship.
Under what circumstances can the government deprive a naturalized citizen of their citizenship?
o The government can deprive a naturalized citizen if their citizenship was acquired fraudulently, through false representation, or if they engage in activities detrimental to the country, such as trade with enemy nations or being sentenced to prison for certain offenses.
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