THE CITIZENSHIP OF INDIA-PART-B

THE CITIZENSHIP OF INDIA-PART-B

The Citizenship Act of 1955, provides the provisions for the acquisition and termination of citizenship. Since the commencement of the Constitution of India, 26th January 1950, the Act has been amended 6 times the years are 1986, 1992, 2003, 2005, 2015 and 2019. The Citizenship Act of 1955, has five provisions for acquiring the citizenship of India. The provisions are by Birth. by Descent, by Registration, by Naturalisation and by Incorporation of a Territory.

  • CITIZENSHIP BY BIRTH– Every person born in India on or after 26th January 1950 is the citizen of India by birth.
    • If a person born in India on or after 1st July 1987 will be considered as a citizen of India only if either of his parents is a citizen of India.
    • If a person is born on or after 3rd December 2004, will only be considered as the citizen of India when both of his parents are citizens of India.
  • CITIZENSHIP BY DESCENT– A person born on or after 26th January 1950 but before 10th December 1992 outside India will be the citizen of India if his father was a citizen of India at the time of his birth.
    • If a person born outside India on or after 10th December 1992 will be considered as the citizen of India if either of his parents is the citizen of India at the time of his birth.
    • A person who is born outside India after 3rd December 2004 will not be considered as the citizen of India by Descent until his birth is registered at an Indian consulate within one year.
  • CITIZENSHIP BY REGISTRATION– The government on an application may grant the citizenship of India under following conditions-
    • A person of Indian origin is ordinarily residing in India for seven years before applying for citizenship through registration.
    • A person of Indian origin residing at any place/country outside undivided India.
    • A person who got married to an Indian citizen ordinarily residing in India for seven years before applying for citizenship through registration.
    • Minor children of persons who are citizens of India.
    • An adult whose either of the parents was a citizen of independent India is residing in India for one year immediately before applying for citizenship through registration.
    • An adult whose parents are a citizen of India can apply the citizenship of India through registration.
    • An adult whos has been registered as the overseas citizen of India for five years and residing in India for one year immediately before applying for citizenship through registration.
    • a- If he/ she resided in India for a period of twelve months immediately before applying for citizenship through registration.
    • b-If he/ she resided in India for a period of eight years immediately preceding the period of twelve months for a period of not less than six years.
  • CITIZENSHIP BY NATURALISATION-The government on an application may provide citizenship of India under conditions-
    • If he is not a citizen of a country where Indians are prevented from becoming the citizen of that country by naturalisation
    • If he is ready to renounce the citizenship of his country. Then is an application for Indian citizenship will be accepted.
    • If he was partly serving the Government of India or partly resided in India for a period of twelve months immediately before applying for citizenship through naturalisation.
    • If he was partly serving the Government of India or partly resided in India for a period of fourteen years immediately preceding the period of twelve months for the period amounting in the aggregate to not less than eleven years.
    • If he has a good character.
    • If he has knowledge of languages mentioned in the Eighth Schedule of the Constitution Of India.
    • If he is in service under Government of India or an organisation of which India is a member.
  • CITIZENSHIP BY INCORPORATION OF TERRITORY– If a foreign territory/s is acquired by India. The people living in that area will automatically become the citizens of India. Example Goa and Puducherry.

Madhvendra Mishra

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