The Citizenship Act, 1955
The Citizenship Act, 1955
Background and Purpose
The Citizenship Act, 1955 is the principal law governing citizenship in India. It provides the legal framework for acquisition, determination, and termination of Indian citizenship. Enacted soon after India became a Republic, the Act addresses how citizenship can be acquired by birth, descent, registration, naturalization, and incorporation of territories.
It also lays down the conditions under which citizenship can be terminated, renounced, or deprived, ensuring clarity in the rights and duties attached to citizenship.
Objectives of the Act
To define and regulate modes of acquiring Indian citizenship.
To specify the conditions for loss and termination of citizenship.
To provide legal clarity on citizenship issues post-Partition and integration of princely states.
To lay down procedures for registration and naturalization of foreign nationals.
To prevent illegal acquisition or misuse of citizenship.
Key Provisions
1. Acquisition of Citizenship
The Act recognizes five modes of acquiring citizenship:
By Birth (Section 3):
Any person born in India on or after January 26, 1950, is a citizen by birth, subject to certain conditions.
Amendments have refined these conditions, e.g., children born to at least one Indian parent.
By Descent (Section 4):
A person born outside India on or after January 26, 1950, is an Indian citizen if their father or mother is an Indian citizen.
Conditions and registration requirements apply.
By Registration (Section 5):
Certain persons can register as Indian citizens, including:
Persons of Indian origin residing outside India.
Persons married to Indian citizens.
Minor children of Indian citizens.
The Central Government can prescribe rules.
By Naturalization (Section 6):
Foreign nationals can acquire citizenship by applying for naturalization, fulfilling residence and other requirements.
By Incorporation of Territory (Section 7):
If any territory merges with India, its inhabitants may acquire citizenship as prescribed by Parliament.
2. Termination of Citizenship
Renunciation (Section 8): A citizen of India can voluntarily renounce citizenship by declaration.
Termination (Section 9): The government can terminate citizenship under certain conditions.
Deprivation (Section 10): Citizenship can be revoked if obtained by fraud, disloyalty, or unlawful activity.
3. Dual Citizenship
The Act does not allow dual citizenship. Indian citizenship is singular; acquisition of foreign citizenship results in automatic termination of Indian citizenship.
4. Citizenship Certificates and Registration
The Act empowers the government to issue citizenship certificates and maintain records.
Rules and procedures are framed under the Act for efficient administration.
Important Amendments
Various amendments have been made, especially concerning citizenship by birth and registration, to tighten eligibility (e.g., 1986, 2003, 2005, 2015 amendments).
The Citizenship (Amendment) Act, 2019 introduced fast-track citizenship for persecuted minorities from certain neighboring countries.
Important Case Laws
Case 1: Maneka Gandhi v. Union of India (1978)
Issue: Whether the government can arbitrarily deprive a person of Indian citizenship.
Held: The Supreme Court held that the right to citizenship is a fundamental right under Article 21 (right to life and personal liberty), and the government must follow procedure established by law which is just, fair, and reasonable.
Significance: Strengthened the protection of citizenship rights and judicial review against arbitrary deprivation.
Case 2: Sarbananda Sonowal v. Union of India (2005)
Issue: Definition of ‘illegal immigrant’ and citizenship status.
Held: The court ruled that an illegal immigrant has no right to claim citizenship or residence under the Act or Constitution.
Significance: Reinforced the government’s power to regulate illegal immigration and citizenship.
Case 3: L. I. Golak Nath and Ors. v. Union of India (1967)
Context: Though primarily a fundamental rights case, it affected citizenship laws by emphasizing parliamentary powers and constitutional limitations.
Significance: Parliament’s laws, including citizenship laws, must conform to fundamental rights guaranteed by the Constitution.
Relation to the Constitution of India
Article 5 to Article 11 of the Constitution deal with citizenship matters.
The Citizenship Act, 1955 provides the detailed statutory framework to operationalize these constitutional provisions.
Summary
| Aspect | Details |
|---|---|
| Purpose | Define and regulate acquisition and termination of citizenship |
| Modes of Acquisition | Birth, descent, registration, naturalization, incorporation of territory |
| Termination | Renunciation, termination, deprivation |
| Dual Citizenship | Not permitted |
| Protection of Rights | Citizenship linked to fundamental rights, subject to legal procedures |
| Important Cases | Maneka Gandhi (right to fair procedure), Sarbananda Sonowal (illegal immigrants) |
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