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ACQUISITION and TERMINATION OF CITIZENSH
ACQUISITION and TERMINATION OF CITIZENSH
On
CONTENTS:
Introduction
Meaning of Citizen, Citizenship &Citizenship Act, 1955
Objectives of Citizenship Act, 1955
Acquisition of Citizenship
Termination of Citizenship
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Introduction
The concept of Indian Citizenship did not exist prior to November 26, 1949, when the Constituent
Assembly adopted and enacted the Constitution of India, bringing into force, at once, the provisions
related to Citizenship given under Part-II of the Constitution.
Meaning of Citizen
The word “Citizen” is derived from the Latin word ‘Civitas’ which means freeman. In Black’s Law
Dictionary, the word “ Citizen” has been defined as a member of a free city possessing all the
rights and privileges which can be enjoyed by any person under its Constitution and Government
and subject to the corresponding duties.
The term “Citizen” as understood in our law is precisely same as the term “subject” in the Common
Law of England. “Citizens” are the persons who enjoy all the civil and political rights given by the
State. ``
Part-IV of the Constitution of India had made a clear distinction between fundamental rights
available to a person (National) and those guaranteed to a Citizen. So all the Citizens are persons,
but all the persons are not legally bound to be citizens.
Citizenship
Citizenship is a relationship between an individual and a State originating under terms prescribed by
the law of that State and giving rise to certain duties and rights which such Law attaches to
citizenship. Citizenship also denotes the individual’s status of being related to a State, i.e. of being
its citizen. In simple words the term citizenship means the membership of the political community or
the State which recognizes the civil and political rights.
(1A) A minor, who is a citizen of India by virtue of his section and is also a citizen of another
country shall cease to be a citizen of India if he does not renounce the citizenship or
nationality of another country within six months of attaining full age.
(2) If the Central Govt. so directs, a birth shall be deemed for the purpose of this section to have
been registered with its permission, notwithstanding that its permission was not obtained
before the registration.
(3) For the purpose of the proviso to sub-section (1), any person born outside undivided India
who was, or was deemed to be, a citizen of India at the commencement of Constitution shall
be deemed to be a citizen of India by descent only.
Conclusion
It is clear from the above discussion that the Citizenship Bill as passed by both the
Houses of Parliament received the assent of the President on 30 th December, 1955 and
came into force from that very day. This Act provides five modes to acquire or attain the
Indian citizenship and three ways for the termination of the same. The basic feature of
this Act is that it applies only to the natural persons and no juristic person such as a
company, a corporation or body of individuals whether incorporated or not can claim the
status of citizen of India.