Citizenship Act 1955 Information PDF

Citizenship Act, 1955 In 1955, as provided in Article 11 of the Constitution, the Parliament enacted the Citizenship Act. provides for the acquisition and loss of citizenship after the commencement of the Constitution Five conditions- - birth, descent, registration, naturalization, and...

Citizenship Act, 1955 In 1955, as provided in Article 11 of the Constitution, the Parliament enacted the Citizenship Act. provides for the acquisition and loss of citizenship after the commencement of the Constitution Five conditions- - birth, descent, registration, naturalization, and incorporation of territory. Citizenship Act, 1955 The five conditions By Birth A person born in India on or after January 26, 1950 but before July 1, 1987 is a citizen of India by birth irrespective of the nationality of his parents. A person born in India on or after July 1, 1987 is considered as a citizen of India only if either of his/her parents is a citizen of India at the time of his birth. Further, those born in India on or after December 3, 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth. The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth. Citizenship Act, 1955 The Five Conditions By Registration The Central Government is entrusted with this task. A person of Indian origin -who is ordinarily resident in India for seven years before making an application for registration; is ordinarily resident in any country or place outside undivided India; married to a citizen of India and is ordinarily resident in India for seven years; Minor children of persons who are citizens of India; A person of full age and capacity whose parents are registered as citizens of India; Citizenship Act, 1955 The five Conditions By Registration A person of full age and capacity who, or either of his parents, was an earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration; A person of full age and capacity who has been registered as an overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration. A person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after August 15, 1947. All the above categories of persons must take an oath of allegiance before they are registered as citizens of India. Citizenship Act, 1955 Details of five conditions By Descent A person born outside India on or after January 26, 1950 but before December 10, 1992, is a citizen of India by descent, if his father was a citizen of India at the time of his birth. A person born outside India on or after December 10, 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth. If a person born outside India on or after December 3, 2004, has to acquire citizenship, his/her parents have to declare that the minor does not hold a passport of another country and his/her birth is registered at an Indian consulate within one year of birth. Citizenship Act, 1955 Details of five conditions 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) and fulfills all qualifications in the third schedule of the Citizenship Act. Citizenship Act, 1955 Details of five conditions By Territorial Incorporation: If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India. Such persons become citizens of India from the notified date. Citizenship Act, 1955 The Act does not provide for dual citizenship or dual nationality. It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration, naturalisation and territorial incorporation. The act has been amended six times in 1986, 1992, 2003, 2005, 2015 and 2019. 15 December 1949 -Abducted Persons (Recovery and Restoration) Act (which remained in force till 1957, two years post-1955 Citizenship). Through these amendments, Parliament has narrowed down the wider and universal principles of citizenship based on the fact of birth. Moreover, the Foreigners Act places a heavy burden on the individual to prove that he/she is not a foreigner. Citizenship Act, 1955 OCI OCI Card is for foreign nationals who were eligible for Indian citizenship on 26th January 1950 or was an Indian citizen on or after that date. An OCI is a person who is of Indian origin and citizen of a specified country, or was a citizen of India immediately before becoming a citizen of another country (mentioned in specified list), and is registered as an OCI by the Central government. Citizens of Pakistan and Bangladesh are not eligible for OCI Card. An OCI cardholder does not have voting rights. OCI is not dual citizenship. OCI cardholders are not Indian citizens. The OCI Card is a multipurpose, multiple entry lifelong visa for visiting India. Persons with OCI Cards have equal rights as NRIs in terms of financial, educational, and economic matters. But they cannot acquire agricultural land in India.  Citizenship Act, 1955 Amendments 1986 This amendment added the condition that those born in India on or after January 26, 1950, but before July 1, 1987, shall be Indian citizens. Citizenship can be obtained for those born after July 1, 1987, and before December 4, 2003, in addition to one's birth in India, if either of his parents was an Indian citizen at the time of birth. Article 6 A to the Act-stipulates that people who came to Assam from Bangladesh after March 24, 1971, but before January 1, 1972, were to be treated as Indian citizens, provided they were registered in accordance with the provisions of the Assam Accord. Those who entered Assam after March 24, 1971, and before the cutoff date could apply for citizenship and, if they met certain criteria, would be granted Indian citizenship.  Citizenship Act, 1955 Amendments 1992 The Citizenship (Amendment) Act of 1992 amended the Citizenship Act of 1955 to allow people born outside of India to become citizens if either of their parents is an Indian citizen at the time of their birth. This amendment replaced the previous requirement that the father be an Indian citizen at the time of birth. The amendment also replaced references to "male persons" with "persons" Citizenship Act, 1955 Amendments 2003 It defined the concept of an "illegal migrant" who could be imprisoned or deported. It states that an illegal migrant cannot obtain citizenship through naturalisation or registration even if he has lived in India for seven years. It also repealed the provision for Commonwealth Citizenship, which was originally provided by the Act of 1955. Those born on or after December 4, 2004, in addition to the fact of their own birth, both parents should be Indian citizens or one parent must be an Indian citizen and others should not be illegal migrants Citizenship Act, 1955 Amendments 2005 This amended the Citizenship Act, 1955 by deleting Schedule four of the Act whereby persons of Indian origin, who or whose parents/grand parents migrated from India after 26th January, 1950 or were eligible to become Indian citizen on 26th January, 1950 or belonged to a territory that became part of India after 15th August, 1947 and their minor child, whose present nationality is such a country which allows dual citizenship in some form or the other will become eligible to be registered as overseas citizens of India. This provision is extended to such citizens of all countries other than those who had ever been citizens of Pakistan and Bangladesh. The amendment further reduces the period of stay of two years to one year in India for OCI, who is registered for five years, to become eligible for grant of Indian citizenship (https://pib.gov.in/newsite/erelcontent.aspx?relid=9929).  Citizenship Act, 1955 Amendments 2015 Modified the provisions pertaining to the Overseas Citizen of India (OCI) in the Principal Act. Introduced a new scheme called “Overseas Citizen of India Cardholder” by merging the Persons of Indian Origin (PIO) card scheme and the OCI card scheme. 2019 The amendment proposes to permit members of six communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan, Bangladesh and Afghanistan to continue to live in India if they entered India before December 31, 2014. Citizenship Act, 1955 PIO A person would be eligible for the PIO card if he/she: 1.Is a person of Indian origin and is a citizen of any country except Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China or Afghanistan, or 2.Has held an Indian passport at any other time or is the spouse of a citizen of India or a person of Indian origin. PIO cardholders can enter India with the multiple entry feature for fifteen years. They do not need a separate visa.  Citizenship Act, 1955 Modes of losing Indian Citizenship 1.Renunciation: If any citizen of India who is also a national of another country renounces his Indian citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen. When a male person ceases to be a citizen of India, every minor child of his also ceases to be a citizen of India. However, such a child may within one year after attaining full age become an Indian citizen by making a declaration of his intention to resume Indian citizen­ship. 2.Termination: Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts the citizenship of any foreign country.  Citizenship Act, 1955 Modes of losing Indian Citizenship 3. By Deprivation: It is a compulsory termination of Indian citizenship by the Central government, if: a)Citizenship obtained by fraud: b)Shown disloyalty to the Constitution of India: c) The citizen has unlawfully traded or communicated with the enemy during war; d)The citizen has within five years after registration or naturalization, been imprisoned in any country for two years; and e)The citizen has been ordinarily resident out of India for seven years continuously.