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By birth
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Those born in India on or after 26th January 1950 but before 1st July 1967 are citizens of India
by birth irrespective of the nationality of their parents. Those born in India on or after July 1987,
are considered citizens of India only if either of their parents is a citizen of India at the time of
their birth.
By Descent
Those born outside India on or after 26th January 1950 but before 10th December 1992 are
citizens of India by descent, if their father was a citizen of India at the time of their birth. Those
born outside India after1Oth December 1992, are considered citizens of India if either of their
parents is a citizen of India at the time of their birth.
By Registration
Citizenship of India by registration can be acquired by
persons of Indian origin who are ordinarily resident in India for five years
persons who are or have been married to a citizen of India and are ordinarily resident in India
for five years;
minor children whose both parents are Indian citizens;
By Naturalisation
Citizenship of India by naturalisation can be acquired by a foreigner who is ordinarily resident
in India for ten years (continuously for the twelve months preceding the date of application and
for nine years in the aggregate in the twelve years preceding the twelve months). The condition
can be waived in the opinion of the Central Government, the applicant is a person who has
rendered distinguished services to the cause of science, philosophy, art, literature, world peace
or human progress generally.
Loss of Citizenship
It is based on the following grounds
Voluntary
Involuntary
Voluntary
Renunciation
If any citizen of India of full age and capacity, who is also a citizen or national of another
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country, renounces his Indian citizenship, he loses his citizenship of India. If any such
declaration is made during any war in which India may be engaged, Central government shall
not allow the same till it thinks appropriate.
Where a person ceases to be a citizen of India every minor child of that person shall thereupon
cease to be a citizen of India, provided that any such child may, within one year after attaining
full age, make a declaration that he wishes to resume Indian citizenship and shall thereupon
again become a citizen of India.
For the purpose of this section. Any woman who is, or has, been, married shall be deemed to be
of full age
Involuntary
Deprivation
The Central government under the Indian citizenship Act, 1955 deprives any citizen of Indian
Citizenship on following grounds the registration or certificate of naturalization was obtained by means of fraud, false
representation or concealment of any material fact; or
that citizen has shown himself by act or speech to be disloyal towards the Constitution of
India; or
that citizen has, during the war in which India may be engaged, unlawfully traded or
communicated with an enemy assisted any enemy in that war; or
that citizen has, within five years after registration or naturalization, been sentenced in any
country to imprisonment for a term of not less than two years; or
That citizen has been ordinarily resident out of India for a continuous period of seven years,
and during that period, has neither been at any time a student of any educational institution in a
country outside India or in the service of a Government of India or of an International
organization of which India is member etc.
The Central Government shall deprive a person of citizenship for public good.
Ques. 1 : NRIs are an important component in the economic development of India and
hence allowing of dual citizenship in India is a step in the right direction. Disucss?
Ans. If a question arises as to whether, when and how, a citizen of India acquired the
Citizenship of another country, it will be determined only by the Central Government. Dual
Citizenship Law in India In 2004, by an amendment to the Citizenship Act, the facility of
Overseas Citizenship of India (OCI) was made available to PIOs in 16 specified countries. Later
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,it was extended to PIOs of any country (except Pakistan & Bangladesh) that allows dual
citizenship, by Citizenship (Amendment) Act, 2005.
Persons who have dual nationality as citizens of both India and the foreign country are subject to
all Indian laws.
Dual citizens do not have voting rights in India. Neither can they be elected to public office, nor
are they eligible for defence jobs.
Following are the benefits to dual citizens in detail
does not require visa for travel to India.
no need of going through registration formalities for staying in the country, which a foreigner
is required to undergo.
Is granted parity with non-resident Indians in respect of facilities available to the latter in the
economic, financial and educational field.
is allowed to own real estate and purchase property within India with few or no restrictions.
There are some restrictions on owning agricultural property
allowed to live in India indefinitely, unlike the Person of Indian Origin (PIO) card, which
permitted a single stay for a period of six months.
The children of dual citizens can avail of the facilities for obtaining admission to educational
institutions, including medical colleges, engineering colleges, IlTs, llMs, etc. under the general
category.
can also avail facilities under the various housing schemes of the LEC, state government and
other government agencies.
Manju R Jehu, a resident of Australia, became the first PIO to be listed for dual citizenship on
November 1, 2004 when the Indian Embassy in Australia registered her in the presence of Mr.
Jagdish Tytler, Overseas Indian Affairs Minister.
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A stateless person is one with no citizenship or nationality. It may be because the state that gave
their previous nationality has ceased to exist and there is no successor state, or their nationality
has been repudiated by their own state, making them effective refugees.
Stateless Tamils in Sri Lanka
They have no nationality, no right to vote, to work officially, to open a bank account or to obtain
state land, no possibility to apply for documents like a passport or birth certificate.
Most of the stateless people in Sri Lanka are descendents of people who had been brought from
India by British colonisers between 1820 and 1840 to work on coffee and tea plantations in Sri
Lanka. Known as up-country Tamils or hill Tamils, the majority still lives on tea estates in
southern and central Sri Lanka. A minority was displaced in the north and east by inter-ethnic
fighting in 1983.
Over the years, several Indo-Ceylon agreements have granted SOHIC of these people either
Indian or Sri Lankan citizenship, the latest being a Sri lankan Parliamentary Act to grant them
citizenship in 2004.
Refugee
Refugee is defined as a person who is outside his/her country and is unable or unwilling to
return to that country because of a genuine fear that she/he will be persecuted because of race,
religion, nationality, political opinion, or membership a particular social group.
Those who seek refugee status in another country are sometimes known as asylum seekers and
the practice of accepting such refugees is that of offering political asylum. The most common
asylum claims to industrialized countries are based upon political and religious grounds.
Green card
A green card in the USA gives official immigration status (Lawful Permanent Residency)
H1B visa
The H-1B visa program allows American companies and universities to employ foreign
scientists, engineers, programmers, and other professionals in the United States for upto 6 years.
LI visa
There are two kinds of L-1 visas L-IA-for employees in an executive or managerial position, and
L-1B-for employees in a specialized knowledge capacity.
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