Citizenship Act 1955 ( Methods of losing Indian Citizenship)
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Methods of Losing Indian Citizenship
The Citizenship Act, 1955 prescribes three mechanisms by which an Indian citizen, at or after the commencement of the Constitution, may lose his / her citizenship. It can happen in any of three ways:
- Termination and
1. Renunciation Of Citizenship [Section 8]
An Indian citizen of full age and ability can renounce his Indian citizenship by declaring and registering. But if a war is declared in which India is engaged, registration will be stopped unless the Central Government directs otherwise. When a man renounces his citizenship, every one of his young children ceases to be an Indian citizen. Such a child, however, can resume Indian citizenship if he declares the effect within one year of his adulthood, i.e. after 18 years.
2. Termination Of Citizenship [Section 9]
If a citizen of India voluntarily acquires the citizenship of another country, he will stop becoming a citizen of India. During periods of war, this provision does not apply to a citizen of India who acquires the citizenship of another country in which India may have voluntarily occupied. If a question arises as to whether a person has acquired the citizenship of another country, it is determined in such a way as may be indicated by such authority and by rules.
3. Deprivation Of Citizenship [Section 10]
Deprivation is a mandatory termination of Indian citizenship. A citizen of India may be deprived of his citizenship by naturalization, registration, domicile and residence by order of the Central Government if it is satisfied that:
- The citizen has acquired citizenship by fraud, misrepresentation or concealment of any material fact;
- He has shown disloyalty to the Constitution of India by act or speech and disaffectionate towards constitution of India;
- The citizen has unlawfully traded or communicated with the enemy during a war in which India may be engaged ;
- The citizen has been sentenced to imprisonment in any country for two years within five years after registration or naturalization,
- He has been ordinarily resident out of India for seven years continuously.
“This will not apply if he is a student abroad, or is in service of a Government of India or an International Organisation of which India is a member or has registered annually at an Indian Consulate his intention to retain his Indian Citizenship.”
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