Like other countries of the world, there are two types of people living in India. One is Indian and the other foreign. Indian citizens get some special rights which foreigners do not get.
After the passing of the Citizenship (Amendment) Act, 2019 in the country, many people have become afraid that their citizenship is in danger. To remove this misconception, in this article we have told that how a person gets Indian citizenship and how Indian citizenship of a person can be taken away?
The Indian Constitution provides the following rights to Indian citizens which are not available to foreigners;
1. Equality on the basis of religion, caste, sex, origin, region, race (Article 15)
2. Right to Equality in Jobs (Article 16)
3. Freedom of expression, freedom of residence (Article 19)
4. There is the right to vote in the Lok Sabha and the Legislative Assembly.
5. Right to be appointed to public posts (President, Vice President, Judge etc.)
What is the Citizenship Act, 1955? (What is Indian Citizenship Act, 1955)
The decision to give and take away Indian citizenship to someone is made on the basis of the Citizenship Act, 1955. Let us now know what are the provisions in it?
How to get Indian citizenship? (How to get Indian Citizenship)
1. By birth: If a person is born in India on or after 26 January 1950. But a person born before 1 July 1987 will be deemed to be a citizen of India irrespective of the nationality of birth of his parents.
If someone was born after December 3, 2004, then he will be considered a resident of India only if both his parents are citizens of India.
2. Citizenship by descent: A person who was born outside India on or after 26 January 1950 but before 10 December 1992 and his father was a citizen of India at the time of his birth can become a citizen of India.
A person born outside India after 3rd December 2004 cannot be a citizen of India by descent if he is not registered with the Consulate of India within one year of his birth.
3. By Registration: If a person registers with the Government of India, he can become a citizen of India only when;
A. The person should have resided in India for 7 years prior to the application.
B. A person who is married to an Indian citizen and has been residing in India for 7 years prior to the application.
C. Any person who is of full age and ability and his parents are registered as citizens of India.
D. Minor children of a citizen of India.
4. Citizenship by naturalization: The Central Government, on receipt of an application, may grant citizenship to a person (not an illegal migrant) if he/she possesses the following qualifications;
A. If he is residing in India or in the service of Government of India or has been residing in India for at least 12 months before applying for citizenship.
B. He should be from a country whose citizens cannot become citizens of India by natural means.
C. He should have good character
D. Have good knowledge of the languages mentioned in the 8th Schedule of the Constitution.
5.By annexation of a territory to India: Citizenship can also be obtained by the incorporation of an area into one’s own country. If a foreign territory becomes a part of India, then the people of that area get Indian citizenship.
Abolition of Indian Citizenship:
The Citizenship Act, 1955 has given three reasons for the termination of citizenship;
1.Voluntary relinquishment
2. Dismissal
3. to deprive
1.Voluntary relinquishment: If any Indian citizen who is of full age and capacity, he can give up his citizenship of India at his will. When a person renounces his citizenship, every minor child of that person does not remain an Indian citizen. But if that child attains the age of 18 years, then he can become an Indian citizen.
2. Dismissal: There is a provision for single citizenship in the Constitution of India. That is, an Indian person can be a citizen of only one country at a time. If a person acquires the citizenship of any other country, then his Indian citizenship ends. However, this arrangement does not apply when India is engaged in war.
3. Deprivation by the Government: The Government of India can terminate the citizenship of an Indian citizen if;
(i). Citizens have shown disrespect to the Constitution
(ii). he has acquired citizenship by fraudulent means
(iii). Have illegally established relations with the enemy country at the time of war and shared any anti-national information with the enemy.
(iv). During 5 years of registration or naturalized citizenship, the citizen has been sentenced to 2 years of imprisonment in any country.
(v). Citizen, residing outside India for 7 years.
Hopefully, after reading this article, you must have understood that how the citizenship of a citizen can be terminated or how does one get Indian citizenship.
