Termination of Indian citizenship
Indian citizenship can be terminated under the Citizenship Act, 1955, through three main ways: renunciation, termination, and deprivation. Each method has specific conditions and procedures:
1.Renunciation of Citizenship:
-Voluntary Act: Any Indian citizen who is also a citizen or intends to become a citizen of another country can voluntarily renounce their Indian citizenship.
Procedure:
The individual must make a declaration of renunciation in the prescribed form (Form XXII) and submit it to the Ministry of Home Affairs or the nearest Indian Mission if they are abroad.
Once the declaration is registered, the person ceases to be an Indian citizen.
Effect on Minor Children:
If a person renounces Indian citizenship and has a child under 18 years old, the child also loses Indian citizenship automatically. However, the child can resume Indian citizenship within one year of reaching adulthood (18 years).
2.Termination of Citizenship:
By Operation of Law: Indian citizenship is automatically terminated when an Indian citizen voluntarily acquires the citizenship of another country.
No Application Required: Unlike renunciation, termination is automatic and does not require any formal application. If the government becomes aware of the acquisition of foreign citizenship, the individual’s Indian citizenship is deemed to have terminated from the date of acquiring the foreign citizenship.
Exceptions:
This does not apply to a person during a war in which India is engaged.
In certain cases, Indian authorities may allow retention of Indian citizenship even after acquiring another citizenship, but this is rare and subject to strict conditions.
3.Deprivation of Citizenship:
Involuntary Act:The Government of India can deprive a person of their Indian citizenship under certain conditions.
Grounds for Deprivation:
Obtaining Citizenship by Fraud:If citizenship was acquired by fraudulent means, false representation, or concealment of material facts.
Disloyalty or Disaffection: If the person has shown disloyalty or disaffection towards the Constitution of India or engaged in activities prejudicial to the sovereignty and integrity of India.
Illegal Trade or Communication with Enemies:If the person has engaged in unlawful trade, communicated with an enemy, or assisted the enemy during war.
Residency Abroad for 7 Years:If the person has been continuously residing outside India for seven years without expressing their intent to retain Indian citizenship (unless they are a public servant or an employee of an international organization).
Imprisonment within 5 Years of Registration/Naturalization: If a person is convicted and sentenced to imprisonment for two years or more within five years of acquiring citizenship by registration or naturalization.
Procedure:
Before depriving a person of their citizenship, the government must give them notice in writing and an opportunity to be heard.
The decision to deprive citizenship can be challenged in court.
Impact of Termination:
Loss of Rights:Once Indian citizenship is terminated, the person loses all rights associated with Indian citizenship, including the right to vote, hold public office, and obtain an Indian passport.
Property Ownership: In some cases, former citizens may face restrictions on owning property in India.
Visa Requirements:The person would need to obtain a visa or Overseas Citizenship of India (OCI) card to enter and reside in India.
Overseas Citizenship of India (OCI):
Alternative to Citizenship: While India does not allow dual citizenship, former Indian citizens and their descendants can apply for an OCI card, which grants them many privileges, such as the right to live and work in India indefinitely, though it does not provide full citizenship rights.
Conclusion:
Termination of Indian citizenship is a significant legal act with substantial consequences. Whether it is a voluntary or involuntary process, it leads to the loss of all rights and privileges associated with being an Indian citizen.
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