The Citizenship Act of 1955


Introduction

Indian Citizenship Act 1955: Indian citizenship is defined in the constitution of India, and regulated by Indian Citizenship Act 1955. This act contains all the related provisions about the citizenship of Indians in detail.

If you are willing to know about Indian Citizenship Act 1955 in detail, then this article going to help you for that matter. Please read this article fully to gain all the related information about it.

So, let’s start-

What is Indian Citizenship Act 1955?

The Indian Citizenship Act of 1955 is a law enacted by the Parliament of India that governs the acquisition and determination of citizenship in India. The Act outlines the various ways in which an individual can acquire Indian citizenship, as well as the criteria and conditions for the same.

It replaced the earlier Indian Citizenship Act of 1950 and provided a comprehensive framework for citizenship in India.

The Act defines who is considered to be a citizen of India, including individuals who were born in India, those with Indian ancestry, and those who have lived in India for a certain period of time. It also outlines the procedures for acquiring citizenship by birth, descent, registration, or naturalization.

The Act also provides for the termination of citizenship, such as when a person voluntarily renounces it or acquires the citizenship of another country. It also outlines the criteria and grounds for denying citizenship, such as being deemed to be a security threat or being involved in activities that are prejudicial to the security of the country.

Important Provisions related to Indian Citizenship Act 1955 - Features of Indian Citizenship Act 1955

We have listed the Important Provisions / features of the Indian Citizenship Act of 1955 below:

Provisions Provisions Explained!
Definition of citizenship The Act defines who is considered to be a citizen of India, including individuals who were born in India, those with Indian ancestry, and those who have lived in India for a certain period of time.
Modes of acquiring citizenship The Act outlines the various ways in which an individual can acquire Indian citizenship, such as by birth, descent, registration, or naturalization.
Citizenship by birth The Act provides that a person born in India after January 26, 1950, is considered a citizen of India, subject to certain conditions.
Citizenship by descent The Act provides that a person born outside India on or after January 26, 1950, is considered a citizen of India if their father is a citizen of India.
Citizenship by registration The Act provides that a person who is not a citizen of India but is married to an Indian citizen can apply for citizenship by registration after living in India for a certain period of time.
Citizenship by naturalization The Act provides that a person who is not a citizen of India can apply for citizenship by naturalization after living in India for a certain period of time and fulfilling certain other conditions.
Termination of citizenship The Act provides for the termination of citizenship, such as when a person voluntarily renounces it or acquires the citizenship of another country.
Denial of citizenship The Act outlines the criteria and grounds for denying citizenship, such as being deemed to be a security threat or being involved in activities that are prejudicial to the security of the country.
Dual citizenship The Act does not allow dual citizenship, meaning that an Indian citizen cannot simultaneously hold the citizenship of another country.
Amendments The Act has been amended several times since its enactment, including the controversial Citizenship Amendment Act of 2019, which introduced new provisions related to citizenship for certain religious minorities from neighboring countries.

Key Provisions of Indian Citizenship Amendment Act 2019

The Citizenship Amendment Act (CAA) of 2019 is an amendment to the Indian Citizenship Act of 1955 that introduced several new provisions related to citizenship in India. The main provisions of the CAA are as follows:

  • It provides a path to Indian citizenship for illegal migrants belonging to six non-Muslim communities from Pakistan, Afghanistan, and Bangladesh who entered India on or before December 31, 2014. These communities are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.

  • The Act reduces the residency requirement for citizenship by naturalization from 11 years to 5 years for these non-Muslim illegal migrants.

  • The CAA overrides the earlier provision of the Indian Citizenship Act of 1955, which required applicants for citizenship to have resided in India for at least 11 years before they could apply for naturalization.

  • The Act seeks to protect religious minorities who faced persecution in their home countries by providing them with a path to citizenship in India.

  • The Act does not apply to Muslim illegal migrants from these countries, leading to accusations of religious discrimination.

  • The Act has been the subject of controversy and protests across India, with opponents alleging that it is unconstitutional and discriminatory.

FAQ’s

Q1. Who is eligible to become a citizen of India under the Act?

Ans: The Act defines various ways through which an individual can acquire citizenship in India, such as by birth, descent, registration, or naturalization.

Q2. How does one acquire Indian citizenship by birth?

Ans: Any person born in India on or after January 26, 1950, is considered to be a citizen of India.

Q3. Can foreign nationals become Indian citizens under the Act?

Ans: Yes, foreign nationals can become Indian citizens by registration or naturalization, subject to fulfilling certain criteria such as residence in India for a specified period of time and having a good character.

Q5. Can Indian citizenship be terminated under the Act?

Ans: Yes, Indian citizenship can be terminated if the person voluntarily renounces it, or if they acquire citizenship of another country.

Q6. Does India recognize dual citizenship under the Act?

Ans: No, India does not recognize dual citizenship, except in certain limited circumstances.

Updated on: 15-May-2023

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