There are two classes
of people in any country- citizens and aliens. Citizens enjoy all rights and
entitlements while aliens (owing political allegiance to another country or government)
are denied some of them. For example, citizens can vote and contest to hold
representative offices like a member of parliament while aliens cannot. Aliens
are of two types: citizens of friendly countries are friendly aliens while
those of enemy countries are enemy aliens- the latter being denied some of the
rights that the former may enjoy.
Aliens may find asylum in a country to which they have fled for political reasons. Asylum is the legal protection granted to people in any country who are afraid to return to their home country expelling an alien is called deportation. Domicile means to stay in a country with the intention of making it his or her permanent home. Proof of such an intention is employment or property etc. Resident is one who resided in the country for certain number of days- 182 days in the previous fiscal year as the Indian law defines... If not, he or she is considered a non-resident. A non-resident Indian is a citizen of India but has not resided in India for the required number of days. A Person of Indian Origin (PIO) on the other hand is one who acquired citizenship of another country. He is no more a citizen of India unlike an NRI.
The Constitution of India originally provided for a single citizenship for the entire country. Since 2003, however, dual citizenship is allowed by Indian laws, though with some restrictions. That is, a person is a citizen of the India as well as citizen of the country. Such dual citizens are called overseas Citizens of India. The provisions relating to citizenship are contained in Articles 5 to 11 in Part II of the Constitution of India.
The Citizenship Act, 1955 deals with matters relating to the acquisition, determination and termination of Indian citizenship. It provides for the acquisition of Indian citizenship by birth, by descent, by registration and by naturalisation. The Citizenship Rules, 1956 prescribe the procedure, forms of applications, fee etc.
Aliens may find asylum in a country to which they have fled for political reasons. Asylum is the legal protection granted to people in any country who are afraid to return to their home country expelling an alien is called deportation. Domicile means to stay in a country with the intention of making it his or her permanent home. Proof of such an intention is employment or property etc. Resident is one who resided in the country for certain number of days- 182 days in the previous fiscal year as the Indian law defines... If not, he or she is considered a non-resident. A non-resident Indian is a citizen of India but has not resided in India for the required number of days. A Person of Indian Origin (PIO) on the other hand is one who acquired citizenship of another country. He is no more a citizen of India unlike an NRI.
The Constitution of India originally provided for a single citizenship for the entire country. Since 2003, however, dual citizenship is allowed by Indian laws, though with some restrictions. That is, a person is a citizen of the India as well as citizen of the country. Such dual citizens are called overseas Citizens of India. The provisions relating to citizenship are contained in Articles 5 to 11 in Part II of the Constitution of India.
The Citizenship Act, 1955 deals with matters relating to the acquisition, determination and termination of Indian citizenship. It provides for the acquisition of Indian citizenship by birth, by descent, by registration and by naturalisation. The Citizenship Rules, 1956 prescribe the procedure, forms of applications, fee etc.
Modes of Acquiring Indian Citizenship
Citizenship of India can be acquired by the following ways• By Birth
• by descent
• by registration
• by naturalization
• by acquisition of territory
By birth
Those born in India on
or after 26th January 1950 but before 1st July 1967 are citizens of India by
birth irrespective of the nationality of their parents. Those born in India on
or after July 1987, are considered citizens of India only if either of their
parents is a citizen of India at the time of their birth.
By Descent
Those born outside
India on or after 26th January 1950 but before 10th December 1992 are citizens
of India by descent, if their father was a citizen of India at the time of
their birth. Those born outside India after1Oth December 1992, are considered
citizens of India if either of their parents is a citizen of India at the time
of their birth.
By Registration
Citizenship of India by
registration can be acquired by —
·
persons of Indian
origin who are ordinarily resident in India for five years
·
persons who are or
have been married to a citizen of India and are ordinarily resident in India
for five year
·
minor children whose
both parents are Indian citizens;
By Naturalisation
Citizenship
of India
by naturalisation can be acquired by a foreigner who is ordinarily resident in
India for ten years (continuously for the twelve months preceding the date of
application and for nine years in the aggregate in the twelve years preceding
the twelve months). The condition can be waived in the opinion of the Central Government;
the applicant is a person who has rendered distinguished services to the cause
of science, philosophy, art, literature, world peace or human progress
generally.
Citizenship by Incorporation of Territory
If any territory
becomes a part of India, its people will be citizens of India.
Loss of Citizenship
It is based on the following grounds•Voluntary
• Involuntary
Voluntary
Renunciation
if any citizen of India of full age and capacity, who is also a citizen or national of another country, renounces his Indian citizenship, he loses his citizenship of India. If any such declaration is made during any war in which India may be engaged, Central government shall not allow the same till it thinks appropriate. 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.
For the purpose of this section, any woman who is, or has, been, married shall be deemed to be of full age.
if any citizen of India of full age and capacity, who is also a citizen or national of another country, renounces his Indian citizenship, he loses his citizenship of India. If any such declaration is made during any war in which India may be engaged, Central government shall not allow the same till it thinks appropriate. 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.
For the purpose of this section, any woman who is, or has, been, married shall be deemed to be of full age.
Acquisition of Citizenship of another Country
Any citizen of India
voluntarily acquires the citizenship of another country, he cease to be a
citizen of India. However, this does not apply to a citizen of India, during
any war in which India may be engaged, voluntarily acquires the citizenship of
another country, until the Central Government otherwise directs. If any
question arises as to whether, when or how any person has acquired the
citizenship of another country, it shall be determined by Central Government.
Involuntary
Deprivationthe Central government under the Indian citizenship Act, 1955 deprives any citizen of Indian Citizenship on following grounds-
·
the registration or
certificate of naturalization was obtained by means of fraud, false
representation or concealment of any material fact; or
·
that citizen has shown
himself by act or speech to be disloyal towards the Constitution of India; or
·
that citizen has,
during the war in which India may be engaged, unlawfully traded or communicated
with an enemy assisted any enemy in that war; or
·
that citizen has,
within five years after registration or naturalization, been sentenced in any
country to imprisonment for a term of not less than two years; or
·
That 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 of
India or of an International organization of which India is member etc.
·
The Central Government
shall deprive a person of citizenship for public good.
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