CITIZENSHIP ACT ,

1955

Content :-1. Introduction2. History3. The Citizenship Act , 19554. Citizenship5. Termination of Citizenship6. Amendments7. Overseas Citizenship 8. Dual Citizenship9. Conclusion

1. IntroductionThe constitution of India provides a single Citizenship for the entire country . The Citizenship Act enacted by the Parliament in 1955 provides for Acquisition , Renunciation , Termination , Deprivation and Determination of Indian Citizenship . The Act provides for acquisition of India Citizenship by Birth , Descent , Registration and Naturalization. The conferment of a person, as a Citizen of India, is governed by Articles 5 to 11 (Part II) of Indian

Constitution. The legislation related to this matter is the Citizenship Act 1955, which has been amended by :-

The Citizenship (Amendment) Act 1986, The Citizenship (Amendment) Act 1992, The Citizenship (Amendment) Act 2003, The Citizenship (Amendment) Act, 2005.

Article 9 of Indian Constitution says that a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen. Also, according to The Passports Act, a person has to surrender his Indian passport; it is a punishable offense under the act if he fails to surrender the passport.

Indian nationality law largely follows the JUS SANGUINIS (citizenship by right of blood) as opposed to the JUS SOLI (citizenship by right of birth within the territory). The President of India is termed the first Citizen of India.

2. History Until its Independence in 1947, India was a part of the British Empire. However,

between 1 January 1949 and 25 January 1950, Indians were British subjects, by virtue of Section 18(3) of Indian Independence Act, unless they had already acquired citizenship of United Kingdom or any other country.

On commencement of the Indian Constitution on 26 January 1950, the Indians were no longer British subjects. Moreover, they enjoyed the status of Commonwealth citizen (also known as a British subject with Commonwealth citizenship, a status which does not entitle the person to use a British passport), by virtue of their Indian citizenship and India's membership of the Commonwealth. However, a number of Indians did not acquire Indian citizenship on commencement of the Indian Constitution and retained British subject without citizenship status (which entitles a person to a British passport) unless they had acquired citizenship of another Commonwealth country.

On 20 December 1961, India acquired the territories of Goa, Daman and Diu and Dadra and Nagar Haveli after the military action which were under the territories of Portugal. The French territory of Puducherry, Karaikal, Mahe and the Free town of Chandranagore, were acquired under treaty of cession with France. Sikkim was also merged with India and became a constituent state with effect from 16 May 1975. Some of the enclaves in the eastern part of India, were also acquired under border agreements with Pakistan and Bangladesh respectively

In order to expressly provide the citizenship for people in territories as mentioned above, the central government issued :- Goa, Daman and Diu (Citizenship) Order, 1962 Dadra and Nagar Haveli (Citizenship) Order, 1962 Citizenship (Pondicherry) Order, 1962 In exercise of its powers under section 7 of the Citizenship Act and for Sikkim, the President extended the Citizenship Act, and the Relevant rules under Article 371-F(n) of Indian Constitution. In case of acquired enclaves, that did not necessitate legislative action, as that was only a border demarcation agreement.

3. The Citizenship Act , 1955

Indian citizenship can be acquired by Birth, Descent, Registration and Naturalization. The conditions and procedure for acquisition of Indian Citizenship as per the provision of the Citizenship Act, 1955 are given below:

1. By Birth (Section 3) :- A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.

A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.

A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.

2. By Descent (Section 4):- A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

3. By Registration (Section 5 (1)) :-Indian Citizenship by registration can be acquired (not illegal migrant) by: - Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before making application

under section 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months). Application shall be made in Form I.

Persons of Indian origin who are ordinarily resident in any country or place outside undivided India under section 5(1)(b).

Persons who are married to a citizen of India and who are ordinarily resident in India for SEVEN YEARS (as mentioned at (a) above) before making application under section 5(1)(c). Application shall be made in Form-II. Minor children whose both parents are Indian citizens under section 5(1)(d). Application shall be made by

his parents in Form-III. Persons of full age whose both parents are registered as citizens of India under section 5(1)(a) or section

6(1) can acquire Indian citizenship under section 5(1)(e). Application shall be made in Form III-A. Persons of full age who or either of the parents were earlier citizen of Independent India and residing in

India for ONE YEAR immediately before making application under section 5(1)(f). Application shall be made in Form III- B.

Persons of full age and capacity who has been registered as an OVERSEAS CITIZEN OF INDIA (OCI) for five years and residing in India for ONE YEAR before making application under section 5(1)(g). Application shall be made in Form III-C.

4. By Registration (Section 5 (4)) :- Any minor child can be registered as a citizen of India under Section 5(4), if the Central Government is satisfied that there are ? Special circumstances? Justifying such registration. Each case would be considered on merits. Application shall be made in Form-IV.

5. By Naturalisation (Section 6) :- Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for TWELVE YEARS (throughout the period of twelve months immediately preceding the date of application and for ELEVEN YEARS in the aggregate in the FOURTEEN YEARS preceding the twelve months) and other qualifications as specified in Third Schedule to the Act. Application shall be made in Form-XII.

4. CitizenshipThe PART II of Constitution of India contains Articles from 5 to 11 which are for Citizenship.Given below are the Articles and their explanation :-Article 5 :- Citizenship at the commencement of the Constitution — At the commencement of this Constitution, every person who has his domicile in the territory of India and—

(a) Who was born in the territory of India ; OR

(b) Either of whose parents was born in the territory of India; or

(c) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a Citizen of India.

Article 6 :- Rights of citizenship of certain persons who have migrated to India fromPakistan — Notwithstanding anything in article 5, a person who has migrated to theterritory of India from the territory now included in Pakistan shall be deemed to be a citizenof India at the commencement of this Constitution if—(a) he or either of his parents or any of his grandparents was born in India as definedin the Government of India Act, 1935 (as originally enacted); and(b)(i) in the case where such person has so migrated before the nineteenth day of July,1948, he has been ordinarily resident in the territory of India since the date of hismigration, or(ii) in the case where such person has so migrated on or after the nineteenth day ofJuly, 1948, he has been registered as a citizen of India by an officer appointed in thatbehalf by the Government of the Dominion of India on an application made by himtherefor to such officer before the commencement of this Constitution in the form andmanner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territoryof India for at least six months immediately preceding the date of his application.

Article 7 :- Rights of citizenship of certain migrants to Pakistan — Notwithstanding anything inarticles 5 and 6, a person who has after the first day of March, 1947, migrated from theterritory of India to the territory now included in Pakistan shall not be deemed to be acitizen of India:Provided that nothing in this article shall apply to a person who, after having so migratedto the territory now included in Pakistan, has returned to the territory of India under apermit for resettlement or permanent return issued by or under the authority of any law andevery such person shall for the purposes of clause (b) of article 6 be deemed to havemigrated to the territory of India after the nineteenth day of July, 1948.

Article 8 :- Rights of citizenship of certain persons of Indian origin residing outside India —Notwithstanding anything in Article 5, any person who or either of whose parents or any ofwhose grandparents was born in India as defined in the Government of India Act, 1935 (asoriginally enacted), and who is ordinarily residing in any Country outside India as sodefined shall be deemed to be a Citizen of India if he has been registered as a Citizen ofIndia by the diplomatic or consular representative of India in the Country where he is forthe time being residing on an application made by him therefor to such diplomatic orconsular representative, whether before or after the commencement of this Constitution, inthe form and manner prescribed by the Government of the Dominion of India or theGovernment of India.

Article 9 :- Persons voluntarily acquiring citizenship of a foreign State not to be citizens — Noperson shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of Indiaby virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of anyforeign State.

Article 10 :- Continuance of the rights of citizenship—Every person who is or is deemed to be acitizen of India under any of the foregoing provisions of this Part shall, subject to theprovisions of any law that may be made by Parliament, continue to be such citizen.

Article 11 :- Parliament to regulate the right of citizenship by law —Nothing in the foregoingprovisions of this Part shall derogate from the power of Parliament to make any provisionwith respect to the acquisition and termination of citizenship and all other matters relatingto citizenship.

5. Termination of Citizenship-

Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India: Provided that nothing in this sub-section shall apply to a citizen of India who, 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 such authority in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf.

6. AmendmentsAn Act to provide for the acquisition and determination of Indian citizenship. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:-1. Short title.—This Act may be called the Citizenship Act, 1955. 2. Interpretation.---(1) In this Act, unless the context otherwise requires,— (a) "a Government in India" means the Central Government or a State Government; (b) "illegal migrant" means a foreigner who has entered into India—(i) without a valid passport or other travel

documents and such other document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time;]

(c) "Indian consulate" means the office of any consular officer of the Government of India where a register of births is kept, or where there is no such office, such office as may be prescribed;

(d) "minor" means a person who has not attained the age of eighteen years: 21(e) "overseas citizen of India" means a person registered as an overseas citizen of India by the Central Government

under section 7A;1 (f) "person" does not include any company or association or body of individuals, whether incorporated or not; (g) "prescribed" means prescribed by rules made under this Act; 3E***1 (h) "undivided India" means India as defined in the Government of India Act, 1935, as originally enacted.

STATEMENT OF OBJECTS AND REASONS [The Citizenship (Amendment) Act, 20051 To expand the scope of grant of Overseas Citizenship of India to Persons of Indian Origin of all countries except Pakistan and Bangladesh. (2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any

7. Overseas Citizenship[7[A]. Registration of overseas citizens of India- (1) The Central Government may, subject to such conditions and restrictions as may be

prescribed, on an application made in this behalf, register any person as an overseas citizen of India –

(a) Any person of full age and capacity – (i) Who is citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the constitution ; or (ii) Who is citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the constitution ; or (iii) Who is citizen of another country, but belong to a territory that became part of India after the 15th day of August, 1947 ; or (iv) Who is a child or a grand-child of such a citizen ; or (b) A person, who is a minor child of a person mention in clause (a): Provided that no person, who is or had been a citizen of Pakistan, Bangladesh, or such other country as the Central Government may, by notification in the official Gazette, specify, shall be eligible for registration as an overseas citizen of India.]

8. Dual Citizenships in India

People in India, very often confuse between holding dual Citizenships with Overseas Citizens of India (OCI) introduced by the Government of India. The Indian Constitution does not allow dual Citizenship or simultaneously holding two passports of different Countries.* The Indian constitution does not allow or recognize “dual Citizenship”.* The Overseas Citizen of India (OCI) scheme does not get you “dual Citizenship”.* The Overseas Citizen of India (OCI) scheme does not give you “Indian passport”.Automatic loss of Indian Citizenship covered in Section 9(1) of the Citizenship act 1955, provides that any citizen of India who by naturalization or registration acquires the Citizenship of another Country shall cease to be a Citizen of India.” This means you have to give up Indian passport and Citizenship to the nearest Indian embassy, should you become Citizen of foreign country. A seal is affixed at the back of passport mentioning it is a punishable offence under Indian Passports Act of 1957, of any possession of Indian passport, should the passport holder acquires nationality of another Country.

India does not have Dual Citizenship :

The Indian government's Overseas Citizens of India (OCI) and Person of Indian Origin (PIO) programs are often incorrectly described as offering "dual nationality" or "dual citizenship." This is not true, as India does not recognize dual citizenship.

9. Conclusion :-

The Constitution of India provides for a single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India. The Citizenship Act enacted by the Parliament in 1955 provides for acquisition and determination of citizenship.

Submitted by :- Nimarneet Singh NijjarClass :- B.A. LLB (3rd semester)Section:- BRoll no. :- 400

Submitted to :- Kirat Grewal

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