Citizenship of India

Why is it in news?
  • Over 50,000 Indians were granted the American citizenship in 2017, four thousand more than the previous year.
  • Mexico, with 1,18,559 citizenships topped the list among all foreign nationals.
  • India was a distant second, followed by China; the Philippines; Dominican Republic and Cuba.
  • Figures indicated that more females took American citizenship than males.
How to get U.S. citizenship?
  • Becoming a citizen through naturalization is a process in which a non-U.S. citizen voluntarily becomes an American citizen. U.S. citizens owe their allegiance to the United States and are entitled to its protection and to exercise their rights and responsibilities as citizens.
  • To become a U.S. citizen, you must:
  1. Have had a Permanent Resident (Green) Card for at least five years, or for at least three years if you’re filing as the spouse of a U.S. citizen.
  2. If you apply for naturalization less than six months before your Permanent Resident Card expires, or do not apply for naturalization until your card has already expired, you must renew your card.
  3. You can apply for naturalization before you receive your new Green Card, but you’ll need to submit a photocopy of the receipt of your Form I-90, Application to Replace Permanent Resident Card, when you receive it.
Meet certain eligibility requirements including being-
  1. At least 18 years old at the time of filing
  2. Able to read, write, and speak basic English
  3. A person of good moral character
Citizenship of India
  • The conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of Indian Constitution.
  • The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.
  • Article 9 of Indian Constitution says that a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen.
  • Also, according to The Passports Act, a person has to surrender his Indian passport if he acquire citizenship of another country, it is a punishable offense under the act if he fails to surrender the passport.
  • Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory).
  • The President of India is termed the first Citizen of India.
  • Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship can be acquired under the following ways : (1) Citizenship at the commencement of the constitution of India (2) Citizenship by birth : NB – This provision has different clauses for different periods (3) Citizenship by descent (4) Citizenship by registration (5) Citizenship by naturalization.
  • Termination of Indian Citizenship as per Citizenship Act 1955: One can lose citizenship of India in three ways – Renunciation, Termination and Deprivation.
  • Persons of Indian Origin (PIO) Card : A PIO card applicant has to be a person of Indian origin who is a citizen of any country, other than Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China and Nepal; or a person who has held an Indian passport at any time or is the spouse of an Indian citizen or a person of Indian origin;
  • Overseas Citizen of India (OCI) card : OCI Card is for foreign nationals who were eligible to become a citizen of India on 26.01.1950 or was a citizen of India on or after that date. Applications from citizens of Bangladesh and Pakistan are not allowed.
  • Overseas Indian Card : A new Bill is pending in Parliament [The Citizenship (Amendment) Bill], which seeks to do away with the existing overseas citizen of India (OCI) card and the person of Indian origin (PIO) card, and replace them with a new overseas Indian card,
  • While PIO card holders do not require a separate visa and can enter India with multiple entry facility for 15 years; the OCI card is a multiple entry, multi-purpose lifelong visa for visiting India.
  • OCI card-holders have parity with non-resident Indians in respect of economic, financial and educational matters except in acquiring agricultural land.
  • A PIO cardholder is required to register with local Police authorities for any stay exceeding 180 days in India on any single visit.
  • OCI is not dual citizenship. There are no voting rights for an OCI card holder.
Sources
The Hindu, M.Laxmikant



Posted by Jawwad Kazi on 20th Oct 2018