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How can Indian Citizenship be Acquired and Snatched?

A person can reside in foreign countries through visas granted to them. However, many benefits and government schemes are only available to the citizens of that country. So, if a person is planning on residing in a foreign country for a long time, it’s beneficial for them if they acquire citizenship in that country. The Indian citizenship law determines under what conditions Indian citizenship could be granted to a person. The termination of citizenship and deprivation by the government is also possible. Let us learn about how termination and deprivation of citizenship in India work. 

Acquiring the citizenship of India

The acquisition of citizenship in India requires a person to be eligible for it. The conditions under which a person becomes eligible to apply for citizenship in India are determined by the Indian citizenship law implemented from the year 1955.

Following are the various ways under which the citizenship of India can be acquired.

By birth

People born in India between 26 January 1950 and 1 July 1987 were automatically granted Indian citizenship, regardless of their parents’ nationality.

If at least one of the parents of a kid born in India had an Indian parent from 1 July 1987 to 3 December 2004, the child was awarded Indian citizenship. Only children born in India to parents who have Indian nationality but one parent who has Indian citizenship and the other is not an illegal immigrant would be granted Indian citizenship after December 2004.

By the method of registration

The foreigners who intend to live in India for a long time can also apply for citizenship in India if they satisfy a few conditions.

After staying in the country for around 7 years, a person with Indian ancestry but no citizenship can seek citizenship. If a person’s spouse is an Indian citizen, he or she can apply for citizenship after seven years of residence in India.

If both parents are Indian citizens and the child is under 18, the child can register for Indian citizenship. If a person is regarded as an Indian citizen from another country, they can seek citizenship after a year of living in India.

Through the incorporation of territory and naturalisation

If a state or region merges with India or becomes a part of India, the citizens of that region are eligible for Indian citizenship. The citizenship of India can also be acquired by nationalisation by the foreigners who have been staying in India for a long time with clean records.

Now let us learn about how Indian citizenship can be snatched from a person or undergo a termination.

Snatching of Indian citizenship

The ways through which the Indian citizenship of a person can be snatched or undergo termination are given below.

Termination of citizenship

Terminating a person’s citizenship happens if a person has acquired citizenship in another country. When this happens, the person’s Indian citizenship will undergo termination, and they will no longer be considered a citizen of India. However, this policy is not applicable if a citizen of India gains citizenship of another country during a war in which India is voluntarily engaged. The authorities incharge will oversee how the person had acquired this citizenship. And the Indian citizenship of that person is not subjected to termination.

Deprivation of Citizenship

The deprivation by the government is the termination of a person’s Indian citizenship. The government may order the deprivation of citizenship of a person under the following conditions.

  • If it is observed that a person has obtained the citizenship of India through fraud or false representation or has concealed any facts that he was obliged to present while acquiring the citizenship.

  • If a citizen of India has lived continuously outside India for 7 years, then his citizenship might be snatched away. 

  • If a person communicates with the enemy during the times of war and hence betrays India, then that person’s citizenship will face deprivation. 

  • If a person disrespects or shows any disloyalty towards the constitution of India, then the government may issue an order to dismiss the Indian citizenship of that person.

  • Suppose a person acquires citizenship of India through naturalisation or registration, and in under 5 years of acquiring citizenship, some country imprisons the person for about 2 years. The person in question will lose their Indian citizenship.

Conclusion

Anyone who is granted the citizenship of India has a right over it, and it cannot be taken away. The citizenship of India is granted to a child born in India whose both parents are of Indian nationality. The citizenship of India could also be acquired through ways like registration, naturalisation, acquisition of territories, etc. A person could lose Indian citizenship in various ways, such as renunciation citizenship, termination of citizenship, and deprivation of citizenship. A person who acquires citizenship of any other country loses their Indian citizenship and all the rights and responsibilities that come with it.

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What condition should a person fulfil for obtaining Indian citizenship by naturalisation?

Ans. A person should fulfil the following conditions for obtaining Indian citizenship by naturalisation. ...Read full

What actions could result in the government's deprivation of Indian citizenship of a person?

Ans. The government of India can deprive a person of their Indian citizenship if he has done any of the following ac...Read full

Under what conditions does the termination of Indian citizenship of a person happen?

Ans. The termination of Indian citizenship of a percentage place if a person acquires this citizenship of another country. However, the rule...Read full

What are various ways through which a person's Indian citizenship can be snatched away?

Ans. A person could lose their Indian citizenship in the following ways. Renunciation of citizenship If a person voluntarily wi...Read full