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Parliament to regulate the right of citizenship by law

Citizenship pertains to a relationship that is formed between a state and its citizens. Here, the citizen owes commitment and is authorised to the safety and protection of these citizens.  The term initially originated in the state of ancient Greece where it pertained to the landlords but excluded the women from these kinds of rights. Obligations that go with acquisition of citizenship encompass payment of taxes, the national flag, military services to their state, respecting and patriotism. 

If you are Recognised as a citizen or born in Indian territory, it holds significance in political, social and civil rights that are not delivered to non-citizens/aliens of the country. The directions of acquiring citizenship differ from nation to nation where each of them helps and specialises under different conditions. However, one can also get on for the termination of citizenship, where one can terminate his citizenship in various ways. Article 5 to Article 11 provides for the provisions with regards to the acquisition and termination of citizenship in India. 

Citizenship in India

The Constitution of India lays down various important rights and privileges that are of great benefit to the citizens of India with the help of Articles 5 to Article 11. Constitutional prerequisites for the acquisition of citizenship were introduced by the Citizenship Act (1955) with the act of the Parliament. Anyhow, the above-mentioned dissertations do not deal with the problems that might arise sequentially to its inception. 

Constitutional provisions

The Constitution of India has conferred diverse prerequisites for the acquisition of citizenship in the country of India. These provisions contract with the citizenship of a few sections, including: 

1)Persons who received their domicile certificates in India.

2)Individuals who had departed to the neighbouring country, Pakistan, but later brought about a retrieval to India.

3)Persons who departed from the neighbouring country, Pakistan. 

4)Persons having Indian ancestry, but now residing outside the country of India. 

Article 11 of the citizenship 

With Article 11 of citizenship, Parliament has the right to make or lay down distinctive prerequisites with respect to the acquisition of citizenship, the termination of citizenship, and various other circumstances and issues associated with citizenship.

Acquisition of citizenship

Citizenship Act has legislated five directions of acquiring citizenship in our Indian country :

1)Birth: 

The Citizenship act 1955 specifies and bestows citizenship to the population who are born in India on or after the building up of the Constitution, but before July 1, 1987. Likewise, people born after July 1, 1987, should have either parents born in Indian territory.

The ones who are born after the time period of December 3, 2004, shouldn’t have parents that are illicit migrants, or would have entered by unlawful means. This means that either parent was born in Indian territory. 

2)Descent:

A person carried on or after January 26, 1950, but before the date of December 10, 1992 and outside India, should be behaved toward as a citizen if his father or mother had citizenship of India at the time of his birth. A person who is assumed to be born outside India after December 10, 1992, is supposed as a citizen of India if either parent was born in Indian territory.

3)By Registration:

A person can be resisted or enlisted as a citizen of India if he is a common citizen of India for seven years before the application. Further, if he is also a resident of unconditional India and who is married to a citizen of India, can acquire citizenship of India. Apart from this classification of people, minor youngsters of individuals having citizenship, a person whose either parents born in Indian territory or parents are a citizen of India and an individual enrolled as an OCI can also register as citizens of India under the Citizenship Act 1955. 

4)By Naturalisation: 

A certificate or a statement  of naturalised citizenship cannot be granted to a person in some cases. Here, if the person pertains to that nation where there are preventions and restrictions on the acquisition of citizenship for the Indian people. He

may get citizenship on conditions like if he has good character and adequate knowledge of a minimum one language that is illustrated and presented in the Eighth Schedule of the Constitution.

5)By Incorporation of Territory: 

One can better understand this with an example of Pondicherry. In earlier times, when Pondicherry came to be a part of India, the community living there became inhabitants of India and automatically got citizenship of India. Similarly, if any territory or an area comes to be a part of India, all the population that is residing there becomes a part of the country, thus the citizen is upholding the acquisition of Citizenship from transfer. 

Termination of Citizenship

The Constitution of India has specified three directions of how one can lose its citizenship acquired with the help of the citizenship act of 1955.

1)Termination

One can go for relinquishing of citizenship by way of termination of citizenship. If an Indian citizen voluntarily amasses citizenship in some other country, his existing citizenship of India gets terminated automatically.

2)Renunciation 

One can knowingly and purposely opt for renouncing citizenship. On the termination of citizenship of the person upon his declaration, every minor child of that person gets terminated from the Indian citizenship. However, he can continue his citizenship once he reaches the age of 18.

3)Deprivation 

Obtaining citizenship by fraud, showing disloyalty to the country and employment in unlawful trade leads to the deprivation of a person from Indian citizenship by the Indian government. 

Conclusion

Even if these are amassed and acquired under legal terms laid down by the government, the acquisition of citizenship is not the edge of everything. One needs to fulfil various conditions for eligibility. It can also be terminated with the renunciation of citizenship under three directions specified within the Citizenship Act (1955). 

None is given an endless and vast importance on his/her rights. This is executed to stave off the misuse of the powers that are bestowed to the citizens of India. Apart from this, the Constitution of our country provides for only single citizenship. This means that there is no differentiation in the citizenship of centre and state citizenship.

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Frequently Asked Questions

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Which Article provides for the powers with the Parliament to lay down prerequisites regarding the acquisition and termination of citizenship?

Ans: With Article 11 of citizensh...Read full

How can a person in India acquire citizenship?

Ans: There are three directions of amass...Read full

What conditions can lead to the termination of citizenship in India?

Ans: The Central Government compels or coerces a person of his Indian citizenship, if the person is disloyal to the ...Read full

Does a minor also lose his citizenship on the termination of citizenship of his parents?

Ans: On the renunciation of the citizenship of the person upon his declaration, every minor child of that person get...Read full