• India
  • Dec 01

Over 6 lakh Indians gave up their citizenship in last five years

Over six lakh Indians have given up their citizenship in the last five years, the Lok Sabha was informed.

Union Minister of State for Home Nityanand Rai also said that as per the information available, a total number of 1,33,83,718 Indian nationals are living in foreign countries.

A total of 4,177 people were granted Indian citizenship during the last five years.

Citizenship in India

The Constitution of India provides for a single citizenship for the whole of India. 

The provisions relating to citizenship have been dealt in Part II of the Constitution of India under Articles 5 to 11. However, these provisions do not contain either any permanent or any elaborate provisions towards Citizenship. It only identifies the persons who became citizens of India at its commencement ( on January 26, 1950). 

Acquisition of citizenship

The Citizenship Act, 1955 confers the right to acquire citizenship in India in the following ways: 

• By birth

• By descent

• By registration

• By naturalization

• By acquisition of territory

Loss of citizenship

Termination of citizenship is covered in Section 9 of the Citizenship Act, 1955. It prescribes three ways in which a person may lose his citizenship, whether acquired under this Act or prior to it under the Constitution of India.

Renunciation of Citizenship (Section 8)

If any citizen of India of full age and capacity, who is also a citizen or national of another country, makes a declaration renouncing his Indian citizenship, then that person shall cease to be a citizen of India. Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the government of India otherwise directs.

Where a person ceases to be a citizen of India, every minor child of that person shall thereupon cease to be a citizen of India, provided that any such child may, within one year after attaining 18 years of age, make a declaration that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.

Termination of Citizenship (Section 9)

Any citizen of India who voluntarily acquires, or has at any time between the January 26, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country, ceases to be a citizen of India. However, this provision does not apply during any war in which India may be engaged.

If any question arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf. The acquisition of another country’s passport is also deemed under the Citizenship Rules, 1956 to be voluntary acquisition of another country’s nationality.

Deprivation of Citizenship (Section 10)

The government can deprive any citizen of Indian citizenship if it is satisfied that:

The citizen has obtained citizenship by means of fraud, false representation or concealment of any material fact, or

That citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established, or

That citizen has, during the war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with, any business that was to his knowledge carried on in such manner as to assist any enemy in that war.

That citizen has, within five years after registration or naturalization, been sentenced in any country to imprisonment for a term of not less than two years, or

That citizen has been ordinarily resident out of India for a continuous period of seven years. However, this will not apply, if he has been at any time a student of any educational institution in a country outside India or in the service of a government of India or of an international organisation of which India is a member, or has registered annually in the  prescribed manner at an Indian consulate his intention to retain his citizenship of India.

The central government shall not deprive a person of citizenship unless it is satisfied that it is not conducive to the public good that person should continue to be a citizen of India.

Some Fundamental Rights belong to citizen alone, such as:

• Article 15 - Right against discrimination on grounds of religion, race, caste, sex or place of birth.

• Article 16 - Right to equality of opportunity in the matter of public employment.

• Article 18(2) - No citizen of India will accept any title from any of the foreign States.

• Article 19 - Right to freedom of speech and expression, assembly, association, movement, residence and profession.

• Article 29 - Protection of interests of minorities.

• Article 30 - Right of minorities to establish and administer educational institutions.

Only citizens are eligible for certain offices such as: 

• The President of India

• The Vice-President of India

• The judge of Supreme Court of India

• The judge of High Court in the states.

• The governor of a state.

• The Attorney General of India.

• The Advocate General of the state.

Only citizens hold the right to vote in elections to the Lok Sabha and State Legislative Assemblies.

Only citizens have the right to become a Member of Parliament (MP) in the Parliament and Member of Legislative Assembly (MLA) in the state legislatures.

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