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Citizenship by Naturalization : : Citizenship
4.Citizenship by Naturalization :
- A foreigner, on application for naturalization to a competent authority appointed by the State, can acquire Indian citizenship provided he satisfies certain conditions like having normally resided for at least ten years in India immediately before making an application.
5.Citizenship by Incorporation of Territory :
- If any new territory becomes a part of India, the Government of India shall notify the persons of that territory to be citizens of India.
Loss of Indian Citizenship Under the Act
- 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.
- Renunciation is a voluntary act by which a person after acquiring the citizenship of another country gives up his Indian citizenship.
- Termination takes place by operation of law. When the Indian citizen voluntarily acquires the citizenship of another country, he automatically ceases to be an Indian citizen.
- 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 and concealment of material fact or being disloyal to the Constitution.
Citizenship Amendment Act, 1992
- According to this Amendment Bill, the child who is born outside India and if his mother belongs to India, can have the Indian citizenship.
- Before this Act, any child born outside India could acquire citizenship only if his father was a citizen of India.
Overseas Citizen of India Status
- Parliament has passed the Citizenship ( Amendment ) Act, which says that all the people of Indian origin in various countries, except in Pakistan and Bangladesh, whose parents / grand parents migrated from India after 26th January, 1950 or were eligible to become Indian citizens on 26th January, 1950 or belonged to a territory that became part of India after 15th August, 1947 will become eligible to be registered as the Overseas Citizens of India ( OCI ). All legal steps in this direction have been completed.
- OCIs are entitled to multiple-entry, multi – purpose, life – long visas with no requirement of registration with police.
- They can live and work in India or in the country of their naturalization.
- They are eligible to work in the private sector.
- OCIs enjoy parity with NRIs in respect of economic, financial and educational fields except in relation to acquisition of agricultural or plantation property.
- They are not entitled to hold constitutional posts and employment with the government.
- They cannot vote.
- Note : A proposal to grant voting rights to Indian citizens who are not ordinarily residing in India on account of employment, education or otherwise has been approved by the government.
- This will meet a long – standing demand of Indian workers in the Gulf who take up employment there on a contract basis and cannot be naturalized in the country they work.
- The facility will be granted after Parliament approves the necessary amendments to the Representation of the People Act.