Termination of Citizenship and Dual Citizenship

Introduction

Citizenship refers to the pleasure of comprehensive membership of any state or community in which a citizen, enjoys both political and civil rights. It is described as a legal connection of a citizen with a particular state which is conveyed by pledging his devotion towards the state and by performing responsibilities or duties like paying taxes, abiding by its Constitutional laws, serving in the defence during urgency, respecting national principles and values etc.

Constitutional Provisions for Citizenship

The Constituent Assembly integrated a generalized provision through Article 11 for the Parliament to modulate the citizenship by law. Although, while it espoused the Constitution it initiated into force Part II of the Constitution of India for Citizenship along with Articles 5 to 11 dealing with it that mentions as follows:

Article 5 mentions that “anyone” who has a habitation in the territory of India and:

• Who was born in the territory of India, or;
• Either of whose parents who took birth in the territory of India or;
• Those who has been ordinarily resident for not less than 5 years in the territory of India immediately preceding such initiation shall be a Indian citizen.

Article 6: Rights of Citizenship of some people those who are migrated to India from the territory that is included in Pakistan now, at the Constitution’s initiation shall be considered to be a citizen of India.

Article 7: Rights of Citizenship of certain migrants to Pakistan is an unique provision for the people those who have migrated to Pakistan after 1^st March, 1947, but returned to India subsequently.

Article 8: Rights of Citizenship of some people of Indian origin inhabiting outside India for the reasons of education, marriage, and employment.

Article 9: Persons who deliberately hold citizenship of any foreign state won’t be deemed as the citizens of India.

Article 10: Each and every person who is regarded as an Indian citizen under any provisions of the part is entitled to any law enacted by the parliament.

Article 11 : It mentions that nothing can prohibit the Parliament’s authority to regulate any provision on acquisition or cessation of citizenship and every other subjects related to citizenship.

Citizenship Act, 1955 and its Amendments

1. The Citizenship Amendment Act, 1955 accords with the termination and acquisition of the citizenship later the initiation of the Constitution of India. The provisions under this involves:
2. A person took birth in India after January 26^th, 1950 shall deemed to be an Indian citizen, except for those who are the diplomat’s children and also enemy aliens cannot be the citizens of the Country by birth.
3. Any person took birth after January 26^th, 1950 shall be deemed as the Indian citizen, subject to some requirements, for example, either parent (father or mother) to be an Indian citizen.
4. Some categories of citizens can hold the citizenship through registration in the prescribed manner.
5. Foreigners could hold Indian citizenship by naturalization on some particular conditions.
6. If any territory becomes part of India, Indian Government could enumerate the conditions for them in becoming the citizens.
7. Citizenship can only be lost by renunciation, termination, deprivation on some grounds.
8. A Commonwealth country’s citizen shall hold a commonwealth citizen’s status in India.
9. The CAA, 1986, This Act deals particularly with the state of Assam’s citizenship. The Act has mentioned those who migrated illegally, in order to get the citizenship that person needs to be registered with the consulate of India in the prescribed manner.
10. The CAA, 1992, As per the Act anyone took birth outside Indian territory shall be deemed as the Indian citizen by the citizenship’s virtue by descent only if either of the parents was a citizen during the time of his/her birth.
11. The CAA, 2003, This particular Act inaugurates certain provisions for overseas citizens regarding their registration, rights in India etc.
12. The CAA, 2005, This Act was established on the suggestions of the Parliamentary Standing Committee on Home Affairs. This Act furnishes for the dual citizenship to Public Information Office (PIO) of sixteen countries.
13. The CAA of 2019, was passed by the Indian Parliament on 11^th  of December 2019, which amended the CA of 1955, by paving the way to Indian citizenship for the banished or persecuted minorities of various religion from Pakistan, Bangladesh and Afghanistan, who entered into the India territory prior to the end of 2014, during December. The legislature doesn’t grant any kind of eligibility to the Muslims from the mentioned countries that are all Muslim majority countries.

Modes of Possession of Citizenship

• By birth – Allowance of citizenship under this particular clause is contingent to changes as per the amendments in place at that time.
• By registration – By registration citizenship can be acquired.
• By Descent – Indistinguishable to the citizenship through descent, this provision was also contingent to alterations sporadically.
• By territory’s incorporation.
• By naturalization.

Termination/Cessation of Citizenship

According to the Section 9 of the CAA, 1995 the provisions that are being provided in order to terminate the Citizenship

• In case of an Indian citizen deliberately holds the citizenship of any other country, then he/she ceases/refrains to be an Indian citizen.
• Though any Indian citizen who deliberately holds the citizenship of any other country during the war period, then that person’s citizenship isn’t likely to be ceased till the directions by the Central Government conveys.

(1) Any Indian citizen who by registration, naturalisation or otherwise deliberately holds, or has during any time in between January 26^th, 1950 and the commencement of this Act deliberately acquired, any other country’s citizenship shall, upon such possession or, as per the situation may be, such commencement, cease to be an Indian citizen:

On condition, that nothing in this particular sub-section shall apply to an Indian citizen who, during any war in which India may be engaged, voluntarily acquires the citizenship of any other country, until Central Government otherwise directs.

(2)If any confusion arises in context to whether, how or when any person has got hold of the citizenship of some other country, it shall be purposive by the authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf.

Loss of Indian Citizenship

The CAA of 1955 tackling with the loss of Indian citizenship also in addition to possession. Correspondingly, it is conveyed by the ensuing means:

• By renunciation: Anyone who has provided a declaration mentioning his/her will or deliberation to renounce its citizenship thereto cease to be an Indian citizen.
• By termination: If any person becomes deliberately citizen of some foreign country.
• By deprivation.

Dual Citizenship or Dual Nationality

The Indian Constitution doesn’t permit acquisition of both Indian and foreign citizenship simultaneously. On basis of the suggestion of the High Level committee on Indian Diaspora, the Indian Government determined to grant the overseas citizenship of India (OCI) simply known as the dual citizenship. “Persons of Indian Origin” (PIOs) of some category since it has been particularly stated in Brochure that those who migrated from India and who acquires a foreign country’s citizenship other than Bangladesh and Pakistan, are eligible for the issuance of OCI card so long as their native countries permits dual citizenship in certain form or other under laws of their native land. Availing of dual citizenship of any other country and India demands some very stringent provisions. Previously, in India there wasn’t any provision relating to dual citizenship. These provisions are needed to be followed in order to avail dual Indian citizenship :

• While any person from some other country is working in India, having their child born in the country, then the dual citizenship is only issued to that child until the term of employment in India.
• An Indian origin minor has the liberty to acquire the dual citizenship of any other country as well as of India. Dual citizenship is provided to the minor, for the minor child to choose the preference of nationality prior six months of attaining eighteen years of age.

Disadvantages of OCI Card

• The cardholders of OCI don’t have the right to vote in India.
• The cardholders of OCI are being exempted from having the right to hold the office of President, Prime Minister, Vice-President, Judge of the Supreme Court or any High Courts, member of Rajya Sabha, Lok Sabha, Council or the Legislative Assembly.
• The cardholders of OCI are exempted from having the right to employment in any government sectors.
• The cardholders of OCI hold no right of acquisition of any kind of plantation or agricultural properties.

Cancellation of OCI card

• The existing OCI registration could be cancelled by the provisions of the Citizenship Act of 1995 of the section 7d. The Indian Government has the authority to cancel any OCI registration if that has been availed by concealment of facts or misrepresentation.

The followings are the circumstances in which OCI is being cancelled as per the sec 7d of citizenship act of 1995:-

• If  registration for OCI was made on the basis of the facts of false/misrepresentation, concealment of any facts and by which the OCI was being obtained.
• If the cardholder of OCI has not acted as per the law that is being established by the Indian Constitution.
• At the time of any war relating to India, if it’s being found that any OCI cardholder was indulged with the antis/enemies and had any kind of unlawful contact or any business or trade that assisted that particular enemy while the war period.
• If any OCI cardholder is being charged with the imprisonment for a period not less than 2 years.

Brief History of Citizenship of India

Earlier Indian citizens were not granted to acquire dual citizenship, and only this provision was laid down by the Indian Constitution. Consequently, no person was allowed to acquire any other country’s passport along with a passport of India. This provision also raises various problems, so High Level Committee on Indian Diaspora suggested the Indian Government to provide for the OCI cards as it is specified in the Citizenship Act of 1995 of section 7A.

Previously travelling also required the tourists of OCI cards in order to carry a passport and it must also have a visa of lifetime. But this particular provision was being rejected, hence it’s not essential to carry.

Case Law

In this case The State of Bihar vs. Kumar Amar Singh And Others[1], the wife went to Karachi by leaving her husband. As per her assertion, she had temporarily gone to Karachi for the purpose of her treatment. When she came back to the country and was allowed to stay in India as she affirmed that she belonged to Pakistan domicile. Then later the expiry of the period, she went back to her native land Pakistan. And when she wished to opt the permanent Indian citizenship, while her property which was there in India was to be confiscated and taken under government’s custody, it was observed that since she was a migrant prior to the date mentioned in the provision, she is’t eligible for permanent Indian citizenship.

In this case of The State of U.P. vs. Rehmatullah[2], here it was found that the Central Government has the authority to take legal steps against people those who have a hold of foreign citizenships and who have lost the Indian citizenship, but are still residing in India.

In this case of Kulathil Mammu vs. The State of Kerela[3], the word ‘migrated’ in this particular section was being delineated. It held that tenure means permanently and voluntary departing from India to Pakistan.

In this case of Ebrahim Vazir Mavat vs. The State of Bombay[4], it was being put forward that the validity of Constitution of the Inrush from the Pakistan’s Control Act of1949. This act sought that when any person has the residence of either Pakistan or India, cannot step into premises of the mentioned countries without specified permissions. Though, if a person goes against this rule then he/she would be pronounced guilty of the offence stated in the Act. As per the Sec 7, a person’s citizenship can be denied by the Central Government on basis of some grounds.

It was determined that separating a citizen from the country under the Sec 7 of the Indian Constitution would result in a deprivation of the citizenship’s right as mentioned in  Part II of the constitution.

Conclusion

The Indian Constitution along with the CAA are totally exhaustive or comprehensive of the Country’s citizenship, and the citizens can only be natural persons, the verity that corporations might be nationals of the Country for the reasons of International laws would not make them Indian citizens for reasons of the Constitution or the Municipal law. Providing concession or allowance of 6 years for the reason being residence based on only religion isn’t in favour of the principles of secularism. That must be discarded to support the trial of the doctrine of basic structure. India being a federal Parliamentary Constitutional republic country that adheres to the ideology or path of Vasudhaiva Kutumbakam, as per which must not be expeditious in making choices or decisions which might disenfranchise the citizens of its Country; refuting its centuries-followed ethics and morals.

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References:

[1] The State of Bihar vs. Kumar Amar Singh And Others, 1955 AIR 282, SCR (1) 1259;

[2] The State of U.P. vs. Rehmatullah, AIR 1971, SC 1382, SCC 113;

[3] Kulathil Mammu vs. The State of Kerala, 1966 AIR 1614, SCR (3) 706;

[4] Ebrahim Vazir Mavat vs. The State of Bombay, 1954 AIR 229, SCR 933;