Introduction
Citizenship is a relationship between a state and its citizens in which an individual owes a commitment to the state and is authorised to its safety and protection. The term originated in ancient Greece, where it was applied to property owners but excluded women from this right. Payment of taxes, military service to their state, respect for the national flag, and patriotism are all responsibilities that come with acquiring citizenship. Recognition as a citizen confers distinction in political, civil, and social rights not available to non-citizens. The methods of obtaining citizenship differ from country to country, and each of them works under different conditions.
The Citizenship Act, 1955
On December 30, 1955, the Indian parliament passed the Citizenship Act, 1955. The Act governs the cancellation and acquisition of Indian citizenship. However, the above act was amended numerous times, including in 1985, 1992, 2003 and 2005, and most recently in 2015.
Citizenship can be obtained in a variety of ways under the Citizenship Act of 1955. “It establishes citizenship through birth, descent, registration, naturalisation, and the incorporation of territory into India. Furthermore, it governs the registration and rights of Overseas Citizen of India Cardholders (OCIs). An OCI is eligible for certain benefits, including a multiple-entry, multi-purpose lifetime visa to visit India.”
Illegal Migrants as defined under the Act
The Act makes it illegal for illegal immigrants to obtain Indian citizenship.
It defines an illegal migrant as a foreigner who:
(i)enters India without a valid passport or travel documents, or
(ii) stays in India for an indefinite period of time.
Ways of obtaining citizenship
Under The Citizenship Amendment Act, 1955, five ways of acquiring Indian citizenship has been laid down:
- By Birth
- By Descent
- By Registration
- By Naturalisation
- By Incorporation of Territory
Let us discuss all of the above
Obtaining Citizenship by Birth
The act defines and grants citizenship to individuals who were born on or after the adoption of the Constitution of India but before July 1, 1987, in India. Moreover, people who were born after July 1, 1987, should have one of their parents as an Indian citizen at the time of their birth. Children born after December 3, 2004, should not have illegal immigrant parents, and neither should have citizenship. The children of foreign diplomats stationed in India, as well as enemy aliens, are not eligible for Indian citizenship by birth.
Obtaining Citizenship by Descent
A person born outside India on or after January 26, 1950, and before December 10, 1992, should be treated as a citizen if his father was a citizen at the time of his birth. A person born beyond the territory of India after December 10, 1992, is deemed an Indian citizen if either his mother or father is an Indian citizen at the time of his birth.
Obtaining Citizenship by Registration
“If a person spends a year in India with one of his parents a former Indian citizen, they may apply for citizenship through registration. A person can be registered as an Indian citizen if he has been a normal citizen of India for seven years prior to the application, is a resident of undivided India, and is married to an Indian citizen. Apart from this group, minor children of citizens, a person of full age and capacity whose either parent is a citizen of India, and an individual registered as an overseas citizen of India can all register as citizens of India.”
Obtaining Citizenship by Naturalisation
“One of the requirements for obtaining citizenship by naturalisation is that the applicant must have lived in India or worked for the national government until at least 11 years before filing for citizenship. In this regard, the Bill makes an exemption for Hindus, Jains, Sikhs, Parsis, Buddhists, and Christians from Afghanistan, Bangladesh, and Pakistan. The 11-year necessity will be lowered to five years for these individuals.
A certificate of naturalisation citizenship cannot be given to a person who resides in a country where the acquisition of citizenship by Indians is prohibited. He may be granted citizenship if he possesses virtues and adequate knowledge of a language listed in the Indian Constitution’s Eighth Schedule.”
Obtaining Citizenship by Incorporation of Territory
If a region becomes a part of India, all of the people who live there also become citizens of India, ensuring the procurement of citizenship. For example, Pondicherry when became a part of India, all the residents of Pondicherry obtained citizenship to India.
What happens after acquiring citizenship?
When a person acquires the Indian citizenship by any of the following above methods, that person will be considered to be Indian citizens from the time or date of entry into India and all legal actions against them in relation of illegal migration or citizenship will be stopped.
Termination of Indian Citizenship
The Citizenship Act of 1955 also established specific procedures for losing citizenship. The loss can occur voluntarily, and a person can express their desire to renounce their citizenship and complete the necessary procedures. In this case, his minor children also lose their citizenship, but they can apply again once they reach the age of 18.
Indian citizenship can also be revoked by default if an Indian takes up citizenship in a different country, not including during wartime, and the law decides that they did so lawfully. Furthermore, under the Indian Constitution, citizenship can be revoked if a citizen engages in certain illegal activities that are disadvantageous to the Indian polity.
The three ways in which the Indian Government can revoke the citizenship are: renunciation, termination and depriviation.
Application of provision on Tribal Areas of East: Will they apply or not?
“These provisions on Indian citizenship for illegal migrants will not apply to the tribal areas of Meghalaya, Assam, Mizoram, and Tripura, which are listed in the Constitution’s Sixth Schedule. These tribal areas include Assam’s Karbi Anglong, Meghalaya’s Garo Hills, Mizoram’s Chakma District, and Tripura’s Tripura Tribal Areas District. It will also not apply to the Inner Line areas designated by the Bengal Eastern Frontier Regulation of 1873. Indian visits to these areas are governed by the Inner Line Permit. This permit system is currently only available in Arunachal Pradesh, Mizoram, and Nagaland.”
Conclusion
The Citizenship Act of 1955 is an essential component of our legal system for it helps in determining who is or is not a citizen and who can and cannot be a citizen of India. The Act has gone through various amendments with change in times and nature of law. Citizenship is an essential component of any country and this law has helped in shaping India and strengthening it. It is one of the laws that helped in shaping and moulding a better India.
“The citizenship act 1955 is an important act as it provides the identity of an individual belonging to a particular place or nation. It helps to provide the individual with the basic rights they need. The citizenship act 1955 is very important as it provides the fundamental rights of the Indian nation to its individuals.The regular amendment of the law and the proper regulation of the act has made the citizenship act 1955 unique and sustainably run the nation despite several social issues.”
References
- https://www.drishtiias.com/loksabha-rajyasabha-discussions/75-years-laws-that-shaped-india-the-citizenship-act-1955
- https://ruralindiaonline.org/en/library/resource/the-citizenship-act-1955/
- https://www.jagranjosh.com/general-knowledge/citizenship-1434782934-1
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