Citizenship act, 1955 India
- 2. WHAT IS CITIZENSHIP ?? ⦸ Individual’s full political membership in the state ⦸ Permanent allegiance to the state ⦸ Individual’s integration into the political system ⦸ Legal relationship between the individual and state
- 3. HISTORY • Indian Constitution on 26 January 1950, the Indians were no longer British subjects. However, a number of Indians did not acquire Indian citizenship on commencement of the Indian Constitution and retained British subject without citizenship status (which entitles a person to a British passport) unless they had acquired citizenship of another Commonwealth country.
- 4. HISTORY CONTD…. • On 20 December 1961, India acquired the territories of Goa, Daman and Diu and Dadra and Nagar Haveli after the military action which were under the territories of Portugal. The French territory of Puducherry, Karaikal, Mahé, Yanam and the Free town of Chandranagore, were acquired under treaty of cession with France. Sikkim was also merged with India and became a constituent state with effect from 16 May 1975. Some of the enclaves in the eastern part of India, were also acquired under border agreements with Pakistan and Bangladesh respectively
- 5. HISTORY CONTD… • In order to expressly provide the citizenship for people in territories as mentioned above, the central government issued the Goa, Daman and Diu (Citizenship) Order, 1962, Dadra and Nagar Haveli (Citizenship) Order, 1962 and Citizenship (Pondicherry) Order 1962, in exercise of its powers under section 7 of the Citizenship act and for Sikkim, the President extended the Citizenship act, and the relevant rules under Article 371-F(n) of Indian Constitution. In case of acquired enclaves, that did not necessitate legislative action, as that was only a border demarcation agreement.
- 6. INTRODUCTION The constitution of India provides a single citizenship for the entire country. The citizenship act enacted by the parliament in 1955 provides for acquisition, renunciation, termination, deprivation and determination of Indian citizenship, the act provides the acquisition of India citizenship by birth, descent, registration, naturalization The conferment of a person, as a citizen of India is governed by articles 5 to 11of Indian constitution the legislation related to this matter is citizenship act 1955, which has been amended by The citizenship act 1986 Citizenship act 1992 Citizenship act 2003 Citizenship act 2005
- 7. CITIZENSHIP ACT 1955 Indian citizenship can be acquired by birth, descent, registration and naturalization. The condition and procedure for the acquisition of Indian citizenship as provision of the citizenship Act, 1955 is given below 1.Citizenship by birth Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India In September 2013, Bombay High Court gave a judgment that a birth certificate, passport or even an Aadhaar card alone may not be enough to prove Indian citizenship, unless the parents are Indian citizens
- 8. 2. Citizenship by descent Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian diplomatic mission within one year of the date of birth
- 9. 3.Citizenship by registration A person of Indian origin who is ordinarily resident in India for seven years before making application under Section 5(1)(a) A person of Indian origin who is ordinarily resident in any country or place outside undivided India A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration Minor children of persons who are citizens of India A person of full age and capacity whose parents are registered as citizens of India A person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration A person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.
- 10. •Citizenship by naturalization Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for 12 years and other qualifications as specified in Third Schedule to the Citizen Act.
- 11. • Overseas Citizenship of India In response to persistent demands for dual citizenship, particularly from the diaspora in North America and other developed countries, the Overseas Citizenship of India (OCI) scheme was introduced by amending The Citizenship Act, 1955 in August 2005. The scheme was launched during the Pravasi Bharathiya Devas convention at Hyderabad in 2006 The OCI card is not a substitute for an Indian visa and therefore, the passport which displays the lifetime visa must be carried by OCI holders while travelling to India
- 12. • Persons of Indian Origin (PIO) Card This was a form of identification issued to an individuals who held a passport in a country other than Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka and could prove their Indian origin up to three generations before.
- 13. • Dual Citizenship There are still some ways in which a person may have dual citizenship of India and another country, including: Children of foreign diplomats, who are born in India, are also given dual citizenship till the period of their parents' service in India. A minor child of Indian origins may hold dual citizenship of India and another country.
- 14. VISA REQUIREMENTS FOR INDIAN CITIZENS • Visa requirements for Indian Citizens are administrative entry restrictions by the authorities of other states placed on citizens of India in according to the 2014 Visa Restriction Index .
- 15. THANK YOU PRESENTED BY, NIDHEESH E.P