The Citizenship Act, 1955, is a crucial piece of legislation that governs the acquisition and termination of Indian citizenship. Enacted by the Parliament of India, this Act provides a framework for determining who is considered a citizen of India and under what conditions. It has been amended several times to address evolving circumstances and challenges related to citizenship. This article provides a detailed analysis of the key provisions of the Act.
Key Definitions (Section 2):
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Government in India: Refers to the Central Government or a State Government.
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Illegal Migrant: A foreigner who enters India without valid travel documents or stays beyond the permitted time. However, it excludes individuals from Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan, Bangladesh, or Pakistan who entered India on or before December 31, 2014, and have been exempted by the Central Government.
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Indian Consulate: The office of any consular officer of the Government of India where a register of births is kept.
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Minor: A person who has not attained the age of eighteen years.
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Overseas Citizen of India Cardholder: A person registered as such by the Central Government under Section 7A.
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Person: Does not include any company, association, or body of individuals.
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Undivided India: India as defined in the Government of India Act, 1935, as originally enacted.
Acquisition of Citizenship:
The Act outlines several ways in which a person can acquire Indian citizenship:
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Citizenship by Birth (Section 3):
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A person born in India on or after January 26, 1950, but before July 1, 1987, is a citizen by birth.
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A person born in India on or after July 1, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003, is a citizen by birth if either of their parents is a citizen of India at the time of their birth.
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A person born in India on or after the commencement of the Citizenship (Amendment) Act, 2003, is a citizen by birth if both parents are citizens of India, or if one parent is a citizen of India and the other is not an illegal migrant.
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Exceptions: Children of foreign diplomats and enemy aliens are not considered citizens by birth.
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Citizenship by Descent (Section 4):
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A person born outside India on or after January 26, 1950, but before December 10, 1992, is a citizen by descent if their father was a citizen of India at the time of their birth.
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A person born outside India on or after December 10, 1992, is a citizen by descent if either of their parents was a citizen of India at the time of their birth.
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Registration of birth at an Indian consulate is mandatory, and the parents must declare that the minor does not hold a passport of another country.
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Citizenship by Registration (Section 5):
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The Central Government may register a person as a citizen of India if they are not an illegal migrant and belong to one of the specified categories, such as:
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Persons of Indian origin who are ordinarily resident in India for seven years.
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Persons of Indian origin residing outside undivided India.
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Persons married to a citizen of India and resident in India for seven years.
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Minor children of Indian citizens.
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Persons of full age whose parents are registered as citizens of India.
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Persons who were earlier citizens of independent India and have been residing in India for twelve months.
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Overseas Citizens of India Cardholders who have been residing in India for twelve months.
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Applicants must take an oath of allegiance.
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Citizenship by Naturalization (Section 6):
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The Central Government may grant a certificate of naturalization to a person of full age and capacity, who is not an illegal migrant, if they meet the qualifications specified in the Third Schedule.
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The applicant must take an oath of allegiance.
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The government may waive some conditions for individuals who have rendered distinguished service in fields like science, philosophy, art, literature, world peace, or human progress.
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Special Provisions for Persons Covered by the Assam Accord (Section 6A):
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This section addresses the citizenship of persons who came to Assam from specified territories before January 1, 1966, and those who came between January 1, 1966, and March 25, 1971.
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Those who came before January 1, 1966, are deemed citizens of India.
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Those who came between January 1, 1966, and March 25, 1971, must register themselves and have the same rights as citizens for ten years, after which they are considered citizens.
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Special Provisions for Persons Covered by Proviso to Clause (b) of Sub-section (1) of Section 2 (Section 6B):
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This section provides for the grant of citizenship to individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan, Bangladesh, or Pakistan who entered India on or before December 31, 2014, and have been exempted by the Central Government.
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Citizenship by Incorporation of Territory (Section 7):
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If any territory becomes a part of India, the Central Government may specify the persons who will become citizens of India by reason of their connection with that territory.
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Overseas Citizenship (Sections 7A-7D):
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Registration of Overseas Citizen of India Cardholder (Section 7A):
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The Central Government may register individuals as Overseas Citizens of India if they meet certain criteria, such as being a former citizen of India or a child, grandchild, or great-grandchild of such a citizen.
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Spouses of Indian citizens or Overseas Citizens of India Cardholders of foreign origin are also eligible after two years of marriage.
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Conferment of Rights on Overseas Citizen of India Cardholder (Section 7B):
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Overseas Citizens of India Cardholders are entitled to certain rights, but not all the rights of Indian citizens. They are not entitled to rights related to public employment, elections, or holding constitutional posts.
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Renunciation of Overseas Citizen of India Card (Section 7C):
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An Overseas Citizen of India Cardholder can renounce their card by making a declaration.
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Cancellation of Registration as Overseas Citizen of India Cardholder (Section 7D):
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The Central Government may cancel the registration if it was obtained through fraud, if the cardholder has shown disaffection towards the Constitution, or if they have engaged in activities against the interests of India.
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Termination of Citizenship:
The Act also specifies how Indian citizenship can be terminated:
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Renunciation of Citizenship (Section 8):
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A citizen of India can renounce their citizenship by making a declaration.
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Termination of Citizenship (Section 9):
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A citizen of India who voluntarily acquires the citizenship of another country ceases to be a citizen of India.
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Deprivation of Citizenship (Section 10):
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The Central Government may deprive a person of their citizenship if it was obtained through fraud, if the person has shown disloyalty towards the Constitution, or if they have engaged in activities against the interests of India.
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Supplemental Provisions:
The Act also includes provisions for:
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Certificate of Citizenship in Case of Doubt (Section 13): The Central Government can certify a person’s citizenship if there is a doubt.
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Disposal of Applications (Section 14): The prescribed authority or Central Government may grant or refuse applications under Sections 5, 6, and 7A.
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Issue of National Identity Cards (Section 14A): The Central Government may register every citizen of India and issue national identity cards.
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Revision and Review (Sections 15 and 15A): Provisions for revision and review of orders made under the Act.
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Delegation of Powers (Section 16): The Central Government may delegate its powers to other officers or authorities.
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Offences (Section 17): Penalties for making false representations under the Act.
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Power to Make Rules (Section 18): The Central Government is empowered to make rules to carry out the purposes of the Act.
Conclusion:
The Citizenship Act, 1955, is a comprehensive law that defines who is a citizen of India and how citizenship can be acquired or terminated. It reflects the evolving needs of the nation and addresses various aspects of citizenship, including birth, descent, registration, naturalization, and overseas citizenship. The Act, along with its amendments, serves as the primary legal framework for determining Indian citizenship.