Methods of Acquiring and Losing Citizenship Under Indian Citizenship Act

Introduction:

The citizen refers to a person who belongs to a state or country who can enjoy whole political and civil rights. Citizenship in India is based on Parliament’s rule too, not just constitutional provisions. Like any other country, even India has two kinds of people: (a) citizens and (b) foreigners. Citizens are the people who are entrusted with all the political and civil rights of India, whereas a foreigner is a person who doesn’t have all the rights that a citizen has. That is why; as it excludes the foreigners the citizenship is known as an idea of exclusion. Apart from this, to grant citizenship in India there are two principles known:

Jus soli[1]

This principle grants citizenship based on place of birth. That is, if a person is born in India he can automatically get Indian Citizenship (this implies to Undivided India as well, which is defined by the Government of India Act, 1935).

Even from the era of the Motilal Nehru Committee (1928), the Indian leadership was always in favor of the concept of ‘jus soli’.

Jus sanguinis[2]

‘Jus sanguinis’ is a term which also means “Right of Blood” in Latin. This principle grants citizenship to the people who on the basis of citizenship or ethnicity or nationality of both one of the parents.

This principle was initially rejected by the Constituent Assembly as it was opposing the characteristic spirit of the culture of India. But now this principle is largely followed.

Constitutional Provision

Primarily constitution provides that certain categories of people are who can be deemed to be the citizen of India. This is provided in Part 2 of the Constitution and in Articles 5-11.

These articles came into force on November 26, 1949, even before the constitution came into force on 26^th January 1950, when the adoption of the constitution was done.

Article 5[3]

The citizenship will be granted to people who are domiciled or born in India. Even those who are domiciled and have not been born in India will be granted citizenship if both anyone their parents are citizens of India. And apart from all these, those who have been living in India for more than 5 years can apply for citizenship.

Article 6[4]

This provides that people who have migrated to divided India before 19^th July 1949 will be granted citizenship automatically with any one of their grandparents being born in India and people who have migrated after the specified date will have to register themselves.

Article 7[5]

Any person, who has migrated to Pakistan after 1^st March 1947, will not be considered as an Indian Citizen. But for the people who have returned on the basis of “Permit to Resettlement in India,” an exception will be made.

Article 8[6]

If a person resides outside India but either of his or her parents or grandparents has been born in India and if he or she is registered as a citizen of India by the Diplomatic or Consular Representative of India, he or she shall be considered a citizen of India.

Article 9[7]

A person who willingly acquires the citizenship of any other state or country will be ceased to be the citizen of India.

Article 10[8]

Any person deemed to be a citizen of India under any of the foregoing provisions shall continue to be a citizen of India subject to any legislation which Parliament can make.

Article 11[9]

Parliament is entrusted with the right to make any provisions regarding the termination or acquisition of citizenship and any other matters pertaining to citizenship.

Citizenship under the Citizenship Act, 1955

Parliament has passed the Indian Citizenship Act, 1955, in exercise of its power under Article 11 of the Constitution. This Act provides for people to acquire and terminate Citizenship.

Modes of Acquisition of Indian Citizenship

The Indian Citizenship Act, 1955 provides provisions for acquiring citizenship in India after fulfilling any of the 5 modes mentioned in Articles 5-11 of the Constitution of India.

1. By Birth (Section 3)[10]

Section 3 offers birth-based citizenship and the essential element in this is that the person’s birth should have been taken place in India. First, this section said that anyone born in India between January 26, 1950, and July 1, 1987, would automatically obtain Indian Citizenship. Whether his / her parents are Indians or non-Indians doesn’t matter. But this only occurred until 1987.

The 1986 Amendment Act amended this clause from 1 July 1987 to 3 December 2003 and it said that both the birth of a person’s birth should have been taken place in India and anyone of his / her parent should be an Indian for the purpose of acquiring Indian citizenship. But this Act did not fix the issue and in 2003 a new amending act was passed. This said that a person who took place in India after 3rd December, 2003 can obtain Indian Citizenship only if both of the person’s parents are Indian Citizens.

And apart from this, section 21-A of the Citizenship Act defines the term illegal immigrant. This says that if any person who arrives at India without a valid passport or without any authorized travel document or his had a valid document or passport and has exceeded the allowed time to stay in India and the person who is involved in all this is called as Illegal Immigrant.

2. By Descent (Section 4)[11]

According to section 4, any person whose birth has taken place outside India can get Indian citizenship only if the person’s father is a citizen of India. But this provision was in force till 10^th December 1992, after that the Amendment Act of 1992 came into existence and made this provision gender-neutral. That is, the person whose birth has not taken place in India can acquire Indian Citizenship if any of their parents are Indian Citizens.

Even this was amended in December 2004. The current law says that the person who is born outside India can get Indian citizenship only if the parents of the child register the child as an Indian Citizen within 1 year of child’s birth, in the Indian Consulate. And while registering the child as an Indian Citizen that child should not have the passport of the country in which the child had born (he law applies only when this provision is fulfilled).

3. By Registration (Section 5)[12]

Though section, a person can get Indian Citizenship by submitting an application for the central government. And here it is said that the person with particular categories only be registered as an Indian Citizen additionally being a legal migrant.  Here the important ingredient is that the person must be of Indian origin. That is, the person’s birth or his parent’s birth should have been taken place in Undivided India or any part of undivided India. Apart from this, the Provisions are:

• The person should have been living in India for 7 years before making an application for registration as an Indian Citizen.
• Person who is of Indian origin and residing outside India for the time being.
• Person who has married an Indian Citizen.
• The citizen’s minor children.
• A person who is of full age and capacity whose parents are Citizens of the Independent India.
• The person who is of full age and capacity whose either of the parents is earlier the citizens of India and has been living in India for 1 year before submitting the application for registration as an Indian citizen.
• A person who is of full age and capacity and registered as an overseas citizen of India for 5 years and has been residing in India for 1 year before submitting an application for registration as Citizen of India.

4. By naturalization (Section 6)[13]

A foreigner can acquire Indian Citizenship by getting a naturalizationcertificate if he has been living in India for 12 years in aggregate in 14 years before the submission of application of registration for central government and complete 1 year in 12 years before submission of application of registration and other rules specified in 3^rd schedule of the Act. They are:

• He shouldn’t be a citizen of any country where Indians are ceased to be citizens.
• If the person is already a citizen of another country, he/she has to renounce that country’s citizenship in order to acquire Indian Citizenship.
• The person should have been resided in India or has been in a government service for 1 year before submitting the application for neutralization.
• They should have, in the 14 years before the 1 year of submitting of the application, been lived in India or been in government service for not less than 11 years.
• He/she must be of good character and must have knowledge about the language mentioned in the Eighth Schedule of the Act.
• And the person should be willing to live in India after getting the certificate of neutralization.

Apart from all these, if, in general, the Central Government considers that the applicant has rendered distinguished service in the philosophy, fields of science, literature, art, human development, or world peace, it may waive all or any of the above naturalization conditions in its case.

5. By Incorporation (Section 7)[14]

This section states that if any foreign territory becomes part of India, then the Indian government would decide who will be recognized as the Indian citizens of that foreign territory as when Pondicherry became part of India, and then the Indian government issued an order to say who would all be eligible to become the Indian citizens.

Modes of Losing Indian Citizenship

The Citizenship Act, 1955 also provides, for a person, to lose his/her citizenship. There are three ways in which a person can lose his/her citizenship. They are:

1. Renunciation of Citizenship (Section 8)[15]

Any Indian who is of full age and capacity may at any time renounce his Citizenship by declaring it and getting registered. But if this declaration is during any war in which India is taking part, the registration for this declaration will be withheld till Central Government directs it. And if a man renounces his citizenship then all of his minor children will be losing their citizenship. But these children have a chance of resuming it by making a declaration within one year after attaining the age of 18.

2. Termination of Citizenship (Section 9)[16]

The Indian Constitution provides a single citizenship policy. That is a person who acquires a foreign citizenship voluntarily automatically ceases to be a citizen of India. Besides, this provision doesn’t apply when the country is busily engaged in war.

3. Deprivation by Government (Section 10)[17]

A citizen of India loses his citizenship if he does any of the following acts:

• If that person has acquired the citizenship by fraud.
• If that person communicates with the enemy unlawfully.
• If that citizen disrespects the country.
• If that within five years of acquiring citizenship by neutralization, gets charged with two years of imprisonment in any country.
• If that person has been not residing in India for 7 years continuously.  

Conclusion

Hence these are the only ways of acquiring or losing citizenship. And the ultimate power always in the hands of the Central Government and it can grant or terminate the citizenship anybody. But this can only be done through a valid law of parliament and no other thing else can affect the citizenship of a person[18].

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References:

[1] Citizenship of India, Drishti IAS (2019), https://www.drishtiias.com/to-the-points/Paper2/citizenship-of-india#:~:text=There%20are%20four%20ways%20in (last visited Sep 10, 2020).

[2] Citizenship of India, Drishti IAS (2019), https://www.drishtiias.com/to-the-points/Paper2/citizenship-of-india#:~:text=There%20are%20four%20ways%20in (last visited Sep 10, 2020).

[3] Indian Constitution, A. 5

[4] Indian Constitution, A. 6

[5] Indian Constitution, A. 7

[6] Indian Constitution, A. 8

[7]Indian Constitution, A. 9

[8] Indian Constitution, A. 10

[9] Indian Constitution, A. 11

[10] The Citizenship Act, 1955, S. 3

[11] The Citizenship Act, 1955, S. 4

[12] The Citizenship Act, 1955, S. 5

[13] The Citizenship Act, 1955, S. 6

[14] The Citizenship Act, 1955, S. 7

[15] The Citizenship Act, 1955, S. 8

[16] The Citizenship Act, 1955, S. 9

[17] The Citizenship Act, 1955, S. 10

[18] The Citizenship Act, 1955, S.  10