Termination of Indian Citizenship

The concept of citizenship of the Indian State is in part II of the Indian constitution. There are six articles under this part, starting from Article 5 to Article 11. It deals with the categories of citizenship. The constitution is the most important document of the State as it deals with not only citizenship but also the Termination of Indian Citizenship. A citizen is a legal person of the State that enjoys multiple legal rights and privileges that a state offers. A person who is not a citizen of any State is considered Stateless.

Citizenship of India constitutional provisions

There are three provisions under the Indian Constitution that deal with the Termination of Indian Citizenship under Citizenship of India constitutional provisions. Such Articles are as follows-

Article 7 of the Indian Constitution states that if any person after March 1, 1947, migrates to the State of Pakistan, he shall cease to be an Indian national. Article 9 of the Indian Constitution states that if any person acquires citizenship or is deemed to become a citizen of another country, then his/her citizenship of India will get terminated. India does not allow dual citizenship. Lastly, there is an article of the Indian Constitution that deals with the parliament to regulate the right of citizenship by law. Under this Article, a person will continue to remain an Indian national until the law is made by the parliament that terminates the citizenship of the person. The power of parliament to make laws regarding the citizenship of the State of India can be further elaborated in Article 11 of the Indian Constitution.

Concept of Citizenship under the Citizenship Act of 1955

Article 11 has granted the power to the parliament to make laws concerning the citizenship of India. In the wake of its power, parliament has passed down the citizenship amendment Act of 1955. The act makes the provision for getting as well as the Termination of Indian Citizenship after the onset of the constitution.

Termination of Indian Citizenship under the Act

There are three modes by which you can terminate the citizenship of a person in India that is given under the provisions of the Citizenship Amendment Act of 1955 they are-

• By renouncing citizenship- You can terminate the citizenship of India in a prescribed manner. You just have to give an application, but such an application could get withheld at the time of war. Yes, the government has the authority to withhold such applications at the time of an emergency such as war. 

In a situation where a couple renounces citizenship under such cases, their child will also cease to be an Indian national. But in the case of a child, he/she could again get back their citizenship if, after one year of him attaining the majority, he applies for the citizenship. The process is known as registration. After the registration is successful, he will continue to be a lawful citizen of India.

• By the operation of law – Under this situation, if a person gets the citizenship of some other country, then the citizenship of India will get terminated, and the person will cease to be the citizen of India as India does not allow dual citizenship. Overseas citizenship is not considered as dual citizenship as such people do not have certain rights such as having any right to vote, cannot hold an Indian Passport, etc.
• Using Deprivation- In this situation, if a person gets citizenship by fraudulent means, then under such situations, the government of India has the authority to deprive such a person of his citizenship and all the benefits that come with it.

Conclusion

With the help of the above information on Termination of Indian Citizenship, we can conclude that once you acquire the citizenship of India, there exists a right that is exclusive for citizens, which you cannot take away otherwise. There is the ultimate power that rests with the parliament to regulate the right of citizenship by law, and it can make laws for the Termination of Indian Citizenship. The parliament can only make such laws with the help of proper procedure and with the valid act of the parliament. Apart from this, nothing can affect any person’s status as a rightful citizen of India.