Monday, November 19, 2012

Loss of Indian Citizenship

The Citizenship Act, 1955 also lays down the three modes by which an Indian citizen whether a citizen at the commencement of the Constitution or subsequent to it - may lose his citizenship. These are renunciation, termination and deprivation.

  1. Renunciation is a voluntary act by which a person after acquiring the citizenship of another country, gives up his Indian citizenship.

  2. Termination takes place by operation of law. When an Indian citizen voluntarily acquires the citizenship of another country, he automatically ceases to be an Indian citizen.

  3. Deprivation is a compulsory termination of the citizenship of India obtained by Registration or Naturalization. The citizenship is deprived on the basis of an order of the Government of India, in cases involving acquisition of Indian citizenship by fraud, false representation, concealment of material fact or being disloyal to the Constitution etc.

The Constitution of India has provided for single citizenship for the whole nation. The civic and political rights are equally conferred on all the citizens of India irrespective of their birth and residence in any of the units of federation or part of India.

[caption id="attachment_2020" align="aligncenter" width="462"]Loss of Indian Citizenship Loss of Indian Citizenship[/caption]

However, permanent residence in a state may entitle a person of some advantages in matters where Parliament lays down by law that in some classes of employment under a State or UT is an essential qualification.

Under Article 15(1) which prohibits discrimination on certain grounds does not mention residence as a ground. Thus a State is Constitutionally free to confer some special benefits upon its residence in matters of employment.


Overseas Citizenship of India (OCI)

The overseas citizenship of India concept was introduced under the Indian Citizenship Act, 1955 by an amendment made in 2003 in which people of Indian origin living in 16 specified countries were eligible to apply for OCI. Subsequently in 2005 this facility was extended to the people of Indian origin living anywhere in the world except in Pakistan and Bangladesh. An OCI an live in India indefinitely unlike the Person of Indian Origin (PIO) who is permitted a single stay for a period of six months. An OCI does not have voting rights and is also not eligible to hold constitutional offices.


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