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General Studies 2 >> Polity

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INDIAN CITIZENSHIP ACT 1955

CITIZENSHIP

 
 
1. Introduction
Citizenship is an allegiance of person to a state. Each state determines the conditions under which it will recognize persons as its citizens, and the conditions under which that status will be withdrawn
Indian citizenship can be acquired by birth, descent, registration, and naturalization.

India does not allow dual citizenship, and taking up the citizenship of another country automatically results in the cancellation of Indian citizenship

2. How to acquire Citizenship
The conditions and procedure for the acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are given below:
2.1.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, but before December 3, 2004, is considered a citizen of India by birth if either of his parents is a citizen of India at the time of his birth
  • A person born in India on or after December 3, 2004, is considered a citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth

 

2.2.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 by birth at the time of his birth
  • A person born outside India on or after December 10, 1992, but before December 3, 2004, is considered a citizen of India if either of his parents was a citizen of India by birth at the time of his birth
  • A person born outside India on or after December 3, 2004, shall not be a citizen of India unless the parents declare that the minor does not hold a passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period

2.3. By Registration

  • Persons of Indian origin who are ordinarily resident in India for seven years.
  • Persons of Indian origin who are ordinarily resident in any country or place outside undivided India.
  • Persons who are married to a citizen of India and who are ordinarily resident in India for seven years.
  • Minor children whose both parents are Indian citizens.
  • Persons of full age whose both parents are registered as citizens of India.
  • Persons of full age and capacity who have been registered as an Overseas Citizen of India (OCI) for five years and residing in India for one year.

2.4. By Naturalisation

Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and other qualifications as specified in Third Schedule to the Act

 

 

For Prelims: Citizenship, Indian Citizenship Act 1955, RPA 1951

For Mains: 1. Issuing Citizenship through Communal Prism is against the soul of the Indian Constitution. Comment (250 Words)

 

Previous Year Questions:

1.Consider the following statements: (2018)

  1. Aadhaar card can be used as a proof of citizenship or domicile.
  2. Once issued, Aadhaar number cannot be deactivated or omitted by the Issuing Authority.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer (d)

2. According to the Indian Citizenship Act, 1955, Which of the following is not a method of acquiring Indian citizenship?

A. Children of the diplomatic personnel or alien enemies born in India on or after 26th January 1950

B. Children born of Indian citizens abroad

C. Incorporation of territory not forming part of India at the commencement of India at the Commencement of the Constitution

D. Naturalisation

Answer (A)

 

 Source: indianexpress

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