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Citizenship Act 1955 and Provisions of Indian Citizenship

Citizenship Act 1955 and Provisions of Indian Citizenship
The Citizenship Act 1955 was ãrst enacted on 30th December 1955. It was amended by Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Ordinance 2005. The Citizenship Act 1955 contains the rules for acquisition and termination of Indian Citizenship. A person can be an Indian Citizen in various ways, out of which,
Citizenship by birth and Descent are called natural citizens.
Contents 
Citizenship by Birth:
Citizenship by Descent:
Citizenship by Registration:
Citizenship by Naturalization:
Citizenship by incorporating a new territory:
Commonwealth Citizenship:
Citizenship by Birth:
  • Any person born in India, on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987 was a citizen of India by birth.
  • A person born in India on or after 1 July 1987 was a citizen of India if either parent (father or mother) 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.
Citizenship by Descent:
  • Any person who is born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if his / her father was a citizen of India at the time of their birth. Any person born outside India on or after 10 December 1992 is considered as citizens of India if either of their parents is a citizen of India at the time of their birth. 
  • Persons born outside of India , from 3 December 2004 onwards shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth, however registration can be done in some circumstances after 1 year (permission of the Central Government required in such case). 
  • The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.

Citizenship by Registration:
  • Following categories of the persons can be registered as citizens of India on application by the prescribed authorities. (Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to 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 by ordinary residence in India for seven years; 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 year immediately before making an application for registration; 
  • A person of full age and capacity who has been registered as an overseas citizen of India for ãve years, and who has been residing in India for one year before making an application for registration. Person of full age and capacity who are citizen of commocountry or republic of Ireland.

Citizenship by Naturalization:
  • A person can acquire the citizenship of India, through naturalization if Belongs to a country where the citizens of India are allowed to become subjects or citizens of that country by naturalization.
  • Renounces the citizenship of his country and intimated the renunciation to the Government of India.
  • Has been residing in India or serving the government for 12 months before the date of making application for naturalization.
  • Possess a good character
  • Posses working knowledge of Indian Languages
  • Intends to reside in India after naturalization.
  • Please note that the Government of India can waive any or all of the above conditions in case of a person who has rendered distinguished service in the cause of Philosophy, science, literature, arts, world peace etc.
Citizenship by incorporating a new territory:
  • If a new territory becomes a part of India, the government of India specifies the persons of that territory who shall be citizens of India.
Commonwealth Citizenship:
  • Every person who is born in commonwealth country, by virtue of that citizenship enjoys the status of Commonwealth Citizenship in India. The act empowers the government of India to make provisions of reciprocity for the enforcement of all or any rights of Citizens of India on citizens of commonwealth countries.
Losing Nationality
  • The Citizenship Act envisages three situations under which a citizen of India may lose his Indian nationality. Section 9 deals with the automatic termination of citizenship and Section 10 deals with the deprivation of citizenship.

By Renunciation: 

  • If any citizen of India who is also a national of another countryrenounces his citizenship through declaration of in the prescribed manner, he ceases to be Indian Citizen.
By Termination:
  • Any person who acquired Indian Citizenship by naturalization, registration or otherwise, has voluntarily acquired citizenship of another country at anytime between January 26, 1950 to December 30,1955, shall have ceased to be an Indian Citizen.
Deprivation:
  • Section 10 of the Citizenship Act 1955 empowers the government to deprive a citizen of his citizenship by issuing an order. However please note:
  • This power may not be used in case of every citizen. It applies only to those, who acquired Indian Citizenship. This might be because of obtaining citizenship on false documents etc.
India has Single Citizenship
  • Please note that the constitution of India has provided for a single citizenship for the whole country. Despite of having concepts such as OCI and PIO, which have been merged now, there is NO Dual Citizenship in India, except for minors where the second nationality was involuntarily acquired. The persons who are in these categories cannot exercise voting rights.
  • A citizen of India is a citizen of all Indian territories. This feature is a unitary feature in contrast with the double citizenship prevailing in several countries. For example in USA, a citizen of US at the same time is also a citizen of California or other states.
Source: PRSIndia, Wikipedia

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