Indian Citizenship Act

Introduction

Every citizen has to follow certain rules to become a citizen. Every constitution of a country has the Citizenship act amended, this act tells the citizens of the country to how they can become the part of the country who can be called as the citizens and each in every details of the rules regarding a citizen is provided in the act. In India recently Citizenship Act has gone through an enormous change and it is the most talked topic. 

Today in my blog I shall be talking about the Indian Citizenship Act and its important sections in brief details. The Indian Citizenship Act is discussed in the Constitution of India and as well as in Citizenship Act of India. 

The constitution of India in Article 5 to 11, only answers to the question that who is an Indian citizen after 26th January 1950. The rest of the questions regarding the citizenship act who, when, how one can become a citizen when are they considered to be a citizen, the time period, everything in details in mentioned in the Indian Citizenship Act. In considering matters to the citizenship the Citizenship Act is more important than Constitution. 

Amendments

Before discussing the provisions of ICA, let me discuss the important amendments made to the Act. 

1986- born in India

Before the year 1986 amendment it was said that if a person is born in India he can be considered as an Indian citizen that is, he can get the Indian Citizenship. 

But in 1986,amendment it is said that birth in India is definitely necessary to become the Indian citizenship and one more provision was added to it was that any one of the parents should be an Indian that is any one of the parents should have the Indian citizenship, then then the person can easily acquire Indian citizenship.

1992- discrimination against women

Before 1992 amendment it was said that Indian Citizenship could be gained, if there is citizenship of father only i.e. the mother had no role in determining ones citizenship. 

The 1992 Amendment Act said, one person can become an Indian citizen if any of the parent I.e. the mother or father has an Indian Citizenship. 

2003- illegal imminent the year 2003 for the first time the term "Illegal Immigrant " was introduced. 

And, the current amendment if the Act is in highlight due to this particular Amendment. 

In the 2003 Amendment, it stops the illegal immigrants from acquiring citizenship by the process of naturalisation and registration. 

2005- Overseas citizenship act

2005 Amendment Act describes the Overseas Citizenship Act. 

Definition and Description of Citizen

The Indian citizenship act has described citizenship in the form of two ways acquisition and loss of Citizenship. 

Acquisition of Citizenship-

• Citizenship by Birth
• Born in India

It offers citizenship on the basis of birth. 

Whoever born before and on 26th January 1950, will automatically get Indian Citizenship. Whether any of the parents are Indian or not didn't matter. But this was allowed till 1st July 1987. As it was found that anybody nearby the refugee areas, when a person took birth automatically became Indian. This was found to be problematic. 

Then from 1st July 1986, the citizenship shall be granted to the citizens if any of the parents were born here. 

Then from 3rd December 2003, the citizenship was granted to individuals only if-

Either two of the parents are Indian. 

Either any one of the parents are Indian + and the other parents must not be an illegal immigrant. 

• Citizenship by Descent

Descent here means having a relation with the country, by father or by father's father. 

The rule says may be one person is born outside India but his father or grandfather from India. I.e. must have an Indian Citizenship. 

On 10th December 1992, due to Gender equality any of the parents with Indian Citizenship could be an effective feature for gaining Citizenship. 

3rd December 2004- if somebody is born outside India then within one year they have to register or undertake within one year for Indian citizenship.

One can get registered as an Indian citizen by sending a proper application to the central government

By registration-of the process certain categories were held in the entire registration process which are briefly described as -

Person of Indian Origin

1. They are the person who are either born or whose parents are born in undivided India or British India. 
2. Who are born in any territory of India which is made after 15th August 1947 or after independence for example Sikkim, Pondicherry was formed after independence. 

Who comes under the application for PIO? 

1. A person of Indian Origin who are ordinarily resident in India for seven years before making an application for registration. 
2. A  person of Indian Origin who is ordinarily resident in any country or place outside undivided India. 
3. 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. 
4. Minor children of person who are citizens of India. 
5. A person of full age and capacity whose parents are registered as citizens of India under clause (a) of this subsection or subsection (1) of section 6.
6. A person of full age and capacity who, or either of his parents, who was earlier citizen of independent India and has been receding in India for one year immediately before making an application for registration. 
7. A person of full age 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. 

Who is an Illegal immigrant

Sec 2(1) (b) of the Citizenship Act defines Illegal immigrant as-

If any of the foreigner enters India without -

1. valid passport or
2. valid travel document

 And if anybody stays here by exceeding the time period that he was allowed to stay here; he is an illegal immigrant. 

Naturalisation

Section 6 of the act describes naturalization it is a very important feature of the entire act. If one person has the following features then they can put an application to the central government for getting registration as an Indian citizen-

1. They are not subject of a country where Indians are prevented from. 
2. If they renounce the citizenship from other countries
3. Before the date of application to the central government made, they should be residing in India or doing service to the government of India before 12 months. 
4. From the date of application from the twelve months for 14 years they might be residing in India and aggregate 11 years are considered. 
5. If they are of a good character
6. Adequate knowledge in the 8th schedule subjects
7. If certificate of citizenship is granted to them, they must intend to live in India forever.   

This qualification can be waived off for a person by the Indian government if they are having adequate knowledge in the following subjects- Science, Art, Philosophy, literature, peace, human rights. 

Some important Sections

loss of citizenship-Sec 8-Renunciation

This includes a declaration by the citizen for losing citizenship. 

Termination Sec-9

When an individual voluntarily acquires another citizenship. 

Sec 10- Deprivation

When somebody compulsorily terminates by-product

Indian citizenship taken by fraud

Disloyal to Indian Government

During a war have communicated an enemy country

while acquiring Indian Citizenship within 5 years but, have been jailed for 2 years.