Renunciation of Indian Citizenship
#GS 02 Indian Polity
Who is a Citizen
- A citizen can be defined as a person who, by virtue of place of birth, nationality of one or both parents, or naturalization is granted full rights and responsibilities as a member of a nation.
Constitutional Provisions for Citizenship:
- Citizenship has been listed under the Union List under the Constitution and thus comes under the exclusive jurisdiction of Parliament.
- The Constitution does not define the term ‘citizen’ but the details of various categories of persons who are eligible to be granted citizenship are given in Part 2 (Articles 5 to 11).
How to acquire Indian Citizenship:
- The Citizenship Act of 1955 gives five ways to acquire Indian citizenship, viz, birth, descent, registration, naturalisation and incorporation of territory.
Renunciation of Indian citizenship
The citizenship act, 1955 prescribes three ways of losing citizenship:
- Any citizen of India of full age and capacity can make a declaration renouncing Indian citizenship
- Such a declaration may not be accepted by the government of India during war.
- Even the minor children of the person who renounces citizenship stands to lose their Indian citizenship.
- However, when their children attain the age of eighteen, he may resume Indian citizenship.
- If a citizen of India voluntarily acquires the citizenship of another country, then he loses the citizenship of India.
- However, this provision does not apply during times of war.
Compulsory termination of Indian citizenship by the Central government, in the following conditions:
- Obtained the citizenship by fraud.
- Citizen has shown disloyalty to the Constitution of India.
- Citizen has unlawfully traded or communicated during the times of war.
- Within 5 years of naturalization, the said citizen is imprisoned for a term of two years.
- Citizen has been ordinarily resident out of India for a period of 7 years.
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