Mains Daily Question
Jan. 9, 2024

Q.1 Though the Indian Constitution is federal, it provides for only a single citizenship, that is, the Indian citizenship. In light of the statement, explain the ways of acquiring and losing Indian Citizenship. (10M/150W)

Model Answer

Approach 

Introduction: Briefly introduce with meaning of single citizenship and which part of constitution deals with Indian Citizenship

Body:

Heading 1: Acquisition of Indian Citizenship

Heading 2: Loss of Indian Citizenship

Conclusion: Conclude with your key remarks on Indian Citizenship

 

Answer:

The citizens in India owe allegiance only to the Union. There is no separate state citizenship. Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India. The regulations concerning Indian citizenship are outlined in the Citizenship Act of 1955. This legislation delineates the methods by which an individual can attain or relinquish Indian citizenship.

 

Acquisition of Citizenship

  • By Birth: This applies to persons who are born in the Indian territory but one of the parents or both of them are not Indian citizens.

Pre-1987: Born in India between January 26, 1950, and July 1, 1987, irrespective of parents' nationality

Post-1987: Born in India after July 1, 1987, requires at least one parent to be an Indian citizen.

Post-2004: Born in India after December 3, 2004, both parents must be Indian citizens or one parent Indian, the other not an illegal migrant.

  • By Descent: This method is applicable for persons born outside of India after the enactment of the constitution but either or both of the parents are Indian nationals.

Pre-1992: Born outside India between January 26, 1950, and December 10, 1992, with a father being an Indian citizen is a citizen of India by descent

Post-1992: Born outside India, one parent being an Indian citizen at the time of birth is

considered as a citizen of India

Post-2004: Registration at an Indian consulate within one year within one year required for citizenship by descent.

  • By Registration: To qualify for Indian citizenship, one must be a person of Indian origin and an ordinary resident in India for at least seven years or be a resident of undivided India married to an Indian citizen. Minor children of Indian citizens, adults with at least one Indian parent, and overseas citizens of India are also eligible.
  • By Naturalisation: A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) ,he is of good character,  that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution,

 

  • By Incorporation of Territory: If a foreign territory becomes part of India, the government specifies the individuals from that territory who become Indian citizens. Example: Citizenship (Pondicherry) Order (1962). Such persons become the citizens of India from the notified date.

 

Loss of Citizenship 

  • Renunciation: Any adult Indian citizen can renounce their citizenship by making a declaration. Upon registration, they cease to be citizens, with exceptions during wartime. Minors lose citizenship with their parents but can resume it at age eighteen.
  • Termination: Indian citizenship automatically terminates if a citizen willingly acquires another country's citizenship, except during wartime.
  • Deprivation: The Central Government can compulsorily terminate citizenship if acquired by fraud, disloyalty to the Constitution, unlawful communication with the enemy during war, imprisonment abroad for two years within five years of registration, or continuous residence outside India for seven years.

 

Therefore, the Citizenship Act of 1955 stands as the legal framework guiding the acquisition and loss of Indian citizenship. With its provisions outlining the pathways for individuals to become citizens or cease their citizenship, the Act plays a crucial role in shaping the dynamics of national identity. As a cornerstone of legal governance in this regard, it reflects the evolving nature of citizenship, ensuring clarity and fairness in the processes involved.

 

Subjects : Polity
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