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Introduction
The Citizenship Act of 1995 is responsible for granting or withdrawing the rights to be a citizen of the Indian polity and the various amenities that a citizen can enjoy. Indian citizens enjoy certain rights not available to non-citizens, such as the right to vote, freedom of speech, equality of rights, equality to hold jobs, etc.
People can call themselves citizens of the Indian polity by birth, descent, registration, etc. As per the Citizenship Act, Termination of Citizenship under the Indian Constitution can come about from reasons such as Termination, Deprivation, or even voluntary renunciation.
Rights of an Indian Citizen
The Constitution guarantees citizens of India certain rights, which ensures that they receive the basic tenets of freedoms without bias until termination of citizenship. As per the right to equality, all citizens of the Indian polity, no matter their age, sex, religion, caste, and creed, are equal in the eyes of the Constitution and must be treated equally in all aspects of life.
Indian citizens have the right to six freedoms, namely,
- Of speech and expression.
- To assemble peacefully without arms.
- To create unions, associations, etc.
- Freedom of movement.
- To hold residence and settlement anywhere across the country.
- To be employed in any profession that they choose.
Since the Constitution decrees India as a secular country, citizens enjoy the right to preach and practice any religion of their choice without discrimination. The Constitution also protects the rights of minority groups and their language, cultural and educational rights. Lastly, any citizen of India can rightfully approach a court of law if these fundamental rights are denied or threatened.
Acquisition of Indian Citizenship
The Indian Constitution enables the Citizenship Act to provide citizenship for any person based on five parameters. The state can extend citizenship to anyone born in India from January 1950, with both parents of a person of Indian origin and neither an illegal immigrant. Either parent of a child born outside India needs to be Indian for the child to be an Indian citizen. The parents must also register the child with the Indian Consulate of the country within a year of their birth to get Indian citizenship.
People with Indian residence for seven years or more, married to someone having the same, anyone having parents of Indian origin, minor children of Indian citizens, etc., can register for Indian citizenship. The Government may grant a certificate of naturalization to anyone except illegal immigrants if they have been an Indian resident and in Government service for a minimum of 12 months just before applying for citizenship. Lastly, Indian citizenship can default to any foreigner whose territorial region becomes part of the Indian Polity.
Modes of Losing Indian Citizenship
The Citizenship Act of 1955 has also prescribed specific means by which a person can lose their citizenship. The loss can happen voluntarily, and a person can declare their wish to renounce their citizenry and complete the involved procedure. In this case, any minor child of his also loses their citizenship, but they can reapply for the same after 18 years of age.
Termination of Indian Citizenship can also occur by default if anyone takes up citizenship of another country, excluding during wartime, and the law determines that they did so rightfully. Furthermore, termination of citizenship under the Indian Constitution can also happen if a citizen is involved in certain unlawful activities detrimental to the Indian polity.
Crimes that Lead to the Termination of Indian Citizenship
Termination of citizenship may occur by deprivation, that is, by order of the Central Government, if the concerned citizen is guilty of certain wrongdoings that threaten or demean the country and the Constitution.
- They have fraudulently acquired their citizenship or my false representation or misinformation
- They have shown disloyalty and disrespect towards the Indian Constitution
- They have participated in unlawful communication and business with an enemy country while at war with India
- Within five years of obtaining citizenship, they have been a prisoner of another country for more than two years
- They have been a residential member of some other country for a continuous period of above seven years
Legislations Regarding Termination of Citizenship under Indian Constitution
The Indian Constitution is the sole body that decides the Parliamentary laws per which a person can be accepted or denied as a citizen of India as per Articles 5 to 11. Any Indian with either parent the same and a residential member of the country is an Indian Citizen.
Anyone who migrated from Pakistan would become an Indian citizen if their parents or grandparents were born in India. Still, those entering after 19th July 1948 would need to be registered separately. Termination of Indian citizenship should occur for those who migrated to Pakistan post 1st March 1947 unless they returned with resettling permission.
Any non-residential Indian with either parent or grandparent of Indian origin and registered with a consulate as having Indian origin will be considered an Indian citizen. Any person who has accepted citizenship of another foreign country shall no longer be a citizen of India. Article 10 empowers the parliamentary laws to decide whether or not to continue a person’s citizenship.
Conclusion
Article 11 of the Citizenship Act holds the parliament’s right to decide on any provision leading to acceptance or termination of citizenship as absolute. Nevertheless, citizenship is considered a fundamental right of all countrymen of the Indian Polity. Following the Citizenship Amendment Act of 2019, people must be Indian residents for only five years, though many religious minorities have expressed fears of their citizenship rights being endangered.
