Citizenship Act 1955 ( Methods of losing Indian Citizenship)
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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