Citizenship Act of 1955: Rules for Acquisition and Loss of Indian Citizenship

Introduction

The Constitution does not deal with the problem of acquisition or loss of citizenship after its commencement. It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship. Accordingly, the Parliament has enacted the Citizenship Act, of 1955, which was amended in 1957, 1960, 1985, 1986, 1992, 2003, 2005, 2015 and 2019. The Citizenship Act of 1955 lays down the rules and procedures for acquiring and losing Indian citizenship.

Acquisition Of Citizenship

Loss Of Citizenship

The Citizenship Act (1955) prescribes three ways, whether acquired under the Act or prior to it under the Constitution:

By Renunciation:

Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship.

• Upon the registration of that declaration, that person ceases to be a citizen of India. However, such registration can be withheld if that declaration is made during a war in which India is engaged.
• Every minor child of that person also loses Indian citizenship. However, when such a child attains the age of 18, he may resume Indian citizenship.

By Termination:

• When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically gets terminated.
  • This provision does not apply during a war in which India is engaged.

By Deprivation:

• Compulsory termination of Indian citizenship by the Central government, if-
  • Obtained citizenship by fraud;
  • Shown disloyalty to the Constitution of India;
  • Unlawfully traded or communicated with the enemy during a war.
• Within 5 years after registration or naturalization, been imprisoned in any country for 2 years; and
• Ordinarily resident out of India for 7 years continuously.

SINGLE CITIZENSHIP

• Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship (like Canada). Citizens owe allegiance only to the Union.
• There is no separate state citizenship, unlike the USA and Switzerland where they have a system of dual citizenship.
• In India, all citizens enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them. 
  • However, this general rule of the absence of discrimination is subject to some exceptions under Articles 15,16 and 19.

Citizenship Amendment Act, 2019

• Definition of illegal migrants: It defines an illegal migrant as a foreigner, who enters India without a valid passport or travel documents or stays beyond the permitted time.
• The Act prohibits illegal migrants from acquiring Indian citizenship.
• Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before December 31, 2014, will not be treated as illegal migrants and for these groups of persons, the 11 years requirement will be reduced to five years.
• These provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, and Tripura included in the Sixth Schedule of the Constitution.
• Further, it will not apply to the “Inner Line” areas notified under the Bengal Eastern Frontier Regulation, 1873 applicable to Arunachal Pradesh, Mizoram, Manipur, and Nagaland.

Conclusion

• Acquisition and Loss of Citizenship in India, as outlined in the Citizenship Act of 1955, provide mechanisms for individuals to obtain Indian citizenship through birth, descent, registration, or naturalization, while also outlining circumstances under which citizenship can be renounced, terminated, or deprived. 
• The Citizenship Amendment Act of 1955, amended in 2019, introduced changes specifically related to granting citizenship to persecuted minorities from neighboring countries, sparking debates over its implications for religious and secular principles in India.