Cessation and Deprivation of Citizenship under 1955 Act

Introduction:

The word citizenship relates to a person’s full membership in a community or state, as well as their civil and political rights. It can be described as an individual’s legal relationship with a specific state, which is represented by swearing his devotion to the government and performing duties like paying taxes, serving in the army when necessary, and honoring national ideas and values, among other things. The Citizenship Act of 1955, as amended, governs the acquisition and cancellation of Indian citizenship. Overseas Indian citizens, Non-Resident Indians, and Persons of Indian Origin all have citizenship rights under the Constitution. [1]

When the nation gained independence, it was split into two halves, one of which was India and the other was Pakistan. People were given the freedom to join any country they desired and get citizenship. As a result, rigorous rules were needed to frame India’s citizenship policy prior to the adoption of the constitution.

Definition of Citizenship

• The term “citizenship” refers to the individual’s relation with the country.
• India, like any other contemporary state, has two types of citizens: residents and foreigners. Citizens are full members of the Indian State and are bound by its laws. They are free to exercise their civil and political rights.
• Citizenship is an exclusionary concept since it eliminates non-citizens.
• Citizenship is granted according to two well-known principles:
  • While the ‘jus soli’ provides citizenship based on birthplace, the ‘jus sanguinis’ recognizes blood ties.
  • The Indian leadership has supported the refined notion of jus soli since the Motilal Nehru Committee (1928).
  • The Constituent Assembly also condemned the racial concept of jus sanguinis, which was incompatible with the Indian culture.

Provisions of the Constitution

• Citizenship is mentioned in the Constitution’s Union List and hence falls within Parliament’s sole control.
• The term “citizen” is not defined in the Constitution, however, Part 2 describes the numerous types of people who are eligible for citizenship (Articles 5 to 11).
• Unlike the other parts of the Constitution, that took effect on January 26, 1950, these sections were put into effect on November 26, 1949, the day the Constitution was signed. [2]
• Article 5: It established citizenship at the start of the Constitution.
  The Supreme Court of India ruled in Pradeep Jain v. Union of India[3] that Article 5 recognizes just one citizenship in India. It is not familiar with the idea of state citizenship.
• Article 6: It gave citizenship rights to specific people who had moved to India from Pakistan.
• Article 7: Given citizenship rights to selected Pakistani migrants.
  The Supreme Court ruled in Bhawanrao Khan v. Union of India[4] that “a foreign lady cannot claim Indian citizenship merely on the ground of long stay and inclusion of her name in the voter’s list”
• Article 8: Some persons of Indian ancestry who live outside India are granted citizenship rights.
• Article 9: Declares that anyone who willingly acquires citizenship of another country is no more a citizen of India.
  The Supreme Court concluded in State of U.P. v. Rehmatullah[5] that the Central Government is permitted to take measures towards those who have gained foreign citizenship and lost their Indian citizenship while still living in the nation.
• Article 10 states that “any person who is or is deemed to be a citizen of India by any of the foregoing provisions of this Part shall continue to be such citizen, subject to the requirements of any law adopted by Parliament.”
  The constitutionality of the Upsurge from the “Pakistan Control Act, 1949” was challenged in Ebrahim Wazir v. State of Bombay[6]. As allowing the expulsion of an Indian citizen from India would indeed be equivalent to destroying the privilege of citizenship guaranteed by Part II of the Constitution, the Supreme Court ruled that Section 7 of the Act was ultra vires of Parliament.
• Article 11: It gives Parliament the authority to establish any provision regarding the acquiring and cessation of citizenship, as well as all related subjects.

Can Indian Citizenship be taken away?

Citizenship for Indians to be abolished.

Citizenship can be revoked for three reasons, according to the Citizenship Act of 1955:

Voluntarily Renunciation/Cessation[7]

1. Any Indian citizen of full age and capability who is also a citizen or national of another nation makes a statement condemning his Indian citizenship in the specified format, the statement shall be recorded by the concerned authority, and that individual will simply stop being a citizen of India upon this registration:
   When such a statement is given during a war in which India is a participant, registration will be postponed until the Central Government orders differently.
2. Every minor child of an individual who stops to be a citizen of India under subsection (1) stops to be a citizen of India as well [8]
   Given, however, that any such kid may declare his desire to reclaim Indian citizenship within one year after reaching full age, and will thereafter be a citizen of India.
3. Any female who is or had been wedded is considered to be of full age for the purposes of this section.

Through Termination [9]

1. Any citizen of India that willingly acquires, or has willingly acquired, the citizenship of some other nation by naturalization, registration, or otherwise between the 26th January 1950 as well as the beginning of this Act ceases to be an Indian citizen:
   Unless the Central Government instructs differently, nothing in this subsection applies to an Indian citizen who willingly takes the citizenship of another nation throughout any war wherein India may be involved. [10]
2. Every dispute as to whether, when, or how a person obtained citizenship of some other nation shall be decided by certain authority, in such way, and in accordance with such norms of proof as may be established in this regard.

Through Deprivation [11]

1. An Indian citizen who has become an Indian citizen by naturalization or solely by virtue of Article 5(c) of the Constitution or registration other than Article 6(b)(ii) or clause (a) of sub-section (1) of the Constitution. This Law According to Article 5, if the central government deprives the Indian citizen of his status in accordance with this order, the citizen will no longer be an Indian citizen.
2. The Central Government, pursuant to the terms of this section, may strip any such person of Indian citizenship by order if it is convinced that:
   1. Fraud, false representation, or misrepresentation of any important fact was used to acquire the registration or certificate of citizenship; or
   2. Through deed or speech, that citizen has demonstrated his disloyalty or dissatisfaction with the Indian Constitution as constituted by law; or
   3. That person has illegally dealt or communicated with an enemy throughout any war in which India may be involved, or been engaged in, or affiliated with, any activity that was, to his understanding, carried on in such a way as to help an enemy in such war.
   4. That citizen has been condemned to incarceration in any nation for a period of not less than two years within five years of registering or citizenship; or
   5. That civilian has been normally domiciled outside of India for seven years and has never been a student of any educational institution in a country other than India, nor worked for the Indian government or a part of an international organization of which India is an affiliate, nor enrolled yearly in the required format an Indian embassy.
3. The Central Government should not deny individual citizenship under this provision unless it is convinced that continuing to be a citizen of India is not in the public interest.
4. Before taking a decision under this section, the Central Government shall give notice in writing to the person against whom the action is suggested to be made, notifying him of the ground on which the order is suggested to be made and, if the order is proposed to be made on any of the premises indicated in sub-section (2) other than clause (e), of his right, upon filing an application in the executive committee.
5. If an order is suggested against an individual on any of the premises mentioned in sub-section (2) apart from clause (e) thereof, and that individual applies in the specified format, the Central Government shall, and in any other scenario, it may refer the case to a Committee of Inquiry composed of a chairperson (who has kept a judicial office for at least 10 years) as well as two other representatives.
6. On such a referral, the Committee of Inquiry shall conduct the inquiry in the method provided by the Central Government and present its findings to it; and the Central Government shall typically be led by such report in making a decision under this section.

Case Law

It was shown in the case of Bhagwati Prasad Dixit v. Rajeev Gandhi[12] that the issue brought was against the election’s legality. As per the appeal, the defendant was supposed to be prohibited from running for election since he had lost his Indian citizenship. The defendant had appealed the High Court’s decision.

The High Court made the correct decision in dismissing the appeal since the reasons presented did not reveal any prima facie case. Furthermore, the Central Government must respond to the matter of acquiring foreign citizenship under Section 9[13] of the Citizenship Act, therefore the High Court lacks authority.

Conclusion

India, as a nation that adheres to the ‘Vasudhaiva Kutumbakam’ concept, should not be quick in making decisions that may disenfranchise its population, as this would be contrary to its centuries-old principles. Citizenship is a right that can never be snatched away from a citizen once it has been obtained. But obviously,  Parliament has supreme control, and it can revoke the citizenship of any citizen by law, but only if it is done by a legal Act of Parliament. Nothing other than that can have an impact on a person’s citizenship status. This is stipulated under Article 10 of the Indian Constitution.

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References:

[1] Hemant Singh, Citizenship Act of 1955: Provisions and Amendments Jagranjosh.com, https://www.jagranjosh.com/general-knowledge/citizenship-1434782934-1 (last visited Aug 16, 2021).

[2] Citizenship of India, Drishti IAS (2019), https://www.drishtiias.com/to-the-points/Paper2/citizenship-of-india (last visited Aug 16, 2021).

[3] Pradeep Jain v. Union of India, AIR 1984 SC 142

[4] Bhawanrao Khan v. Union of India, AIR 2002 SC 1614

[5] State of U.P. v. Rehmatullah, AIR 1971 SC 1382 

[6] Ebrahim Wazir v. State of Bombay, AIR 1952 SC 229

[7] India: Act no. 57 of 1955, Citizenship Act (1955)

[8] Section 8 of Citizenship Act (1955)

[9] India: Act no. 57 of 1955, Citizenship Act (1955)

[10] United Refugees, Refworld | India: Act No. 57 of 1955, Citizenship Act, 1955 Refworld, https://www.refworld.org/docid/3ae6b57b8.html#_ftn10 (last visited Aug 16, 2021).

[11] India: Act no. 57 of 1955, Citizenship Act (1955)

[12] Bhagwati Prasad Dixit v. Rajeev Gandhi, 1986 AIR 1534.

[13] Section 9, Citizenship Act (1955)