Indian Citizenship Act, 1955

Citizenship is the identification of a person that is accepted under the law as a valid member of the country. A person can acquire multiple citizenships or none at all. Citizenship is determined by the country of birth, citizenship of parents, or by naturalization. Each country has its laws on citizenship, which determine who is eligible for citizenship and how it can be acquired. In India, citizenship is regulated by the Citizenship Act, of 1955. This article will discuss the citizenship definition, give a brief overview of Indian citizenship law and discuss some of the most important aspects of the Citizenship Act.

What is the citizenship definition?

The citizenship definition means different things to different people. In its simplest form, citizenship is the legal relationship between an individual and a state to which that person owes allegiance and is entitled to the protection of that state. This relationship gives the citizen certain rights and responsibilities, such as the right to vote or hold public office, and the responsibility to obey the law and serve on a jury.

Constitutional provision under Indian constitution

Article 5 of the Indian constitution under Part II commences the citizenship article. Article 5-11 of the Indian Constitution talks about citizenship at the commencement of the Constitution. Under this article, there are three categories of citizenship-

Article 5 of the Indian constitution states how citizenship at the commencement of the Constitution shall be granted to the people 

-domicile

-by birth: the one who was born on Indian land.

-citizenship by descent and citizenship

-The person must be an ordinary resident in the territory of India for at least 5 years since the constitution came into existence.

Article 6 talks about the person who came to India from Pakistan before and after July 19, 1948. The person coming after July 19, 1948, had to register after staying in India for 6 months.

Article 7 deals with a person returning to India from Pakistan after March 1, 1947. The person has to stay in India for at least one year and then he/she could apply for citizenship.

Article 8 clarifies that Indian citizenship residing outside India shall be considered as Indian citizens.

Article 9 states that if any Indian citizen voluntarily acquires the citizenship of another country shall not be considered an Indian citizen.

Article 10 describes that the person having Indian citizenship shall be considered as the Indian citizen subject to any law made by the Parliament.

Article 11 states that Parliament has the right to make laws on citizenship when required.

The Citizenship Act, 1955

The Indian Citizenship Act, of 1955 was enacted to provide citizenship to the people of India. The Act provides ways to acquire citizenship by birth, descent, registration, and naturalization. The Act also

By birth: All persons born in India on or after January 26, 1950, are citizens of India by birth irrespective of the citizenship of their parents.

By descent: A person who is born outside India on or after January 26, 1950, shall be considered a citizen of India if his/her father was having citizenship of India at the time of the person’s birth.

By registration: The Act provides for citizenship by registration for certain categories of persons, i.e., persons of Indian origin who are resident in India for more than five years, persons married to a citizen of India for more than two years, or former citizens of India who have been resident in India for more than one year immediately before making the application for registration.

By naturalization: The Act also provides for citizenship by naturalization for certain categories of persons, i.e., persons who have been resident in India for more than twelve years, or persons of Indian origin who have been resident in India for more than seven years, or persons who are married to a citizen of India for more than five years.

The Act also provides for the citizenship of certain categories of persons, i.e., minor children, and persons who have been granted citizenship by the President of India.

The Act also provides for the loss of citizenship under certain circumstances, i.e., renunciation of citizenship, deprivation of citizenship, and termination of citizenship.

Renunciation of citizenship: A person may renounce his citizenship of India by making a declaration in the prescribed manner.

Deprivation of citizenship: citizenship may be deprived of a person who has been convicted of an offence involving moral turpitude or of a citizenship offence.

Termination of citizenship: The citizenship of a person may be terminated if he/she acquires citizenship of another country.

Conclusion

The Citizenship Act, 1955 is legislation in India that governs the process of acquiring Indian citizenship. This act has been amended over time to account for changes in the country and its citizens. The most recent amendment, in 2004, and 2019 made significant changes to the way citizenship could be acquired by naturalization. For students who are interested in studying or working in India, it is important to understand the citizenship definition, provisions of this act, and how they may impact your plans. We hope this article has provided you with a basic understanding of Indian citizenship law and we invite you to explore our website for more information on this and other topics related to immigration to India.