Like other countries of the world, India also has 2 types of people. One is Indian and the other is foreign. Indian citizens have certain rights which are not available to foreigners.
After passing the Citizenship (Amendment) Act, 2019 in the country, many people have become afraid that their citizenship is in danger. In order to clear this confusion, in this article we have told how a person gets citizenship of India and how can a person be stripped of Indian citizenship?
The Constitution of India gives the following rights to Indian citizens, which are not granted to foreigners;
1. Equality based on religion, gender, origin, region, lineage (article 15)
2. Right to equality in jobs (article 16)
3. Freedom of expression, freedom of residence (article 19)
4. There is a right to vote in Lok Sabha and Vidhan Sabha.
5. Right to be appointed to public posts (President, Vice President, Judge etc.)
What is the Citizenship Act, 1955?
The decision to grant and take away Indian citizenship is made on the basis of the Citizenship Act, 1955. Now let us know what are the provisions in this?
How can citizenship of India be obtained? (How to get Indian Citizenship)
1. By birth: If a person was born on or after 26 January 1950 in India, but a person born before 1 July 1987 will be considered a citizen of India irrespective of the nationality of birth of their parents.
If someone is born after 3 December 2004, he will be considered a resident of India only if both his parents are citizens of India.
2. Citizenship on the basis of descent: A person who is born outside India on or after 26 January 1950 but before 10 December 1992 and his father is a citizen of India at the time of his birth, can become a citizen of India.
A person born outside India after 3 December 2004 cannot be a citizen of India on the basis of descent if he is not registered in the Indian Consulate within one year of his birth.
3. By Registration: If a person registers with the Government of India, he can become a citizen of India only when;
A. The person must have lived in India 7 years before applying.
B. A person who is married to an Indian citizen and has been living in India for 7 years before applying.
C. Any person who is of full age and capacity and his parents are registered as citizens of India.
D. Minor children of a citizen of India.
4. Naturally Citizenship: The Central Government can grant citizenship to an individual (not an illegal migrant) on receipt of the application if he / she holds the following qualifications;
A. If he is residing in India or serving in the Government of India or has been residing in India for at least 12 months before applying for citizenship.
B. He / she must be from a country where citizens cannot become citizens of India by natural means.
C. He should have good character
D. Must have a good knowledge of languages mentioned in the 8th schedule of the constitution.
5. By joining any territory in India: Citizenship can also be obtained by inclusion of a region in their country. If a foreign territory becomes a part of India, then the people of the respective region get citizenship of India.
Abolition of Indian Citizenship:
The Citizenship Act, 1955 cites three reasons for the termination of citizenship;
1. Voluntary Abandonment
1. Voluntary renunciation: If an Indian citizen who is of full age and capacity, he can relinquish citizenship of India at his will. When a person relinquishes his citizenship, not every minor child of that person remains an Indian citizen. But if that child turns 18, then he can become an Indian citizen.
2. Dismissal: The Constitution of India provides for single citizenship. That is, an Indian person can remain a citizen of only one country at a time. If a person takes citizenship of another country, then his Indian citizenship ends. However, this system does not apply when India is busy in war.
3. Deprivation by Government: The Government of India may terminate the citizenship of an Indian citizen if;
(i). Citizen has disrespected the Constitution
(ii). He has obtained citizenship in a fake way
(iii) . During the war, the enemy should have established illegal relations with the country and shared any anti-national information with the enemy.
(iv) . During 5 years of registration or natural citizenship, a citizen has been sentenced to 2 years of imprisonment in a country.
(v). Citizen has been living outside India for 7 years.
Hopefully after reading this article, you must have understood how the citizenship of a citizen can be terminated or how one gets Indian citizenship.