Class 12 Flashcards
CITIZENSHIP ACT, 1955
○ Passed by the Parliament
○ Provides for Acquisition and Termination of Citizenship
LOSS OF CITIZENSHIP
● By Renunciation
● When a person renounces his citizenship
● If India is engaged in a war
● By Termination
● Termination provisions
○ Meaning : voluntarily giving up
○ Any person of full age and capacity can give up his citizenship
○ His minor children will also lose their Citizenship
○ Such a child – can resume citizenship within 1 year of turning 18 years old
○ The renunciation may be put on hold
○ When an Indian Citizen acquires Citizenship of any foreign country
○ Indian Citizenship – automatically terminates
○ Not applicable during war
LOSS OF CITIZENSHIP
● By Deprivation
● Certain Grounds
● Grounds for Deprivation
○ Compulsory Termination of Indian Citizenship by Central Government on certain grounds
○ Citizenship has been obtained by fraud
○ Disloyalty towards Indian Constitution
○ Unlawful trade and communication with enemy nation during war
○ Within 5 years of registration or naturalization has been imprisoned in any other country
for 2 or more years
○ Person has been continuously living outside India for 7 years or more
■ Not applicable to civil servants
■ Not applicable to students abroad
■ Not applicable to people who have annually registered at the Indian Consulate
OVERSEAS CITIZENSHIP OF INDIA
● L.M. Singhvi Committee
○ Concept of Overseas Citizenship of India
● Citizenship (Amendment) Act, 2003 ○ Introduced the concept of OCI
● OCI Cards
○ Available to Persons of Indian Origin living in any country across the world
○ Except Pakistan and Bangladesh
OCI CARDHOLDERS
● Registration
○ Any person who was a Citizen of India at some point of time
○ Was eligible to be a Citizen of India
○ Who was a part of the territory that became a part of Independent India
○ Child, grand child, great grand child of any such person
○ Any person who is a minor child of people of the above category
OCI CARDHOLDERS
● A minor child whose both or one of the Parents is an Indian Citizen
● Spouse of Indian Citizen or Spouse of OCI Cardholder
○ Their marriage has sustained for minimum 2 years
● Any person who himself, or his parents, or grand parents or great grand parents
○ Were / are citizens of Pakistan and Bangladesh
○ Not eligible for OCI Cards
● Central Government
○ Empowered to add more countries to the list
RIGHTS OF OCI CARDHOLDERS
● In other matters not specified
○ Determined by Central Government
○ Empowered by Citizenship Act, 1955
○ Multiple entry lifelong visa
○ Special permission required – for research, Mountaineering, Journalistic Activity,
Missionary or Tablighi Activity, employment at any foreign mission in India, visiting
restricted places in India
○ Similar domestic air tariffs to Indian Citizens, entry fees for monuments, national parks etc.
○ JEE/NEET, eligible for holding NRI Seats in colleges
○ Sale and purchase of land except agricultural land
○ Appointment as faculties in IITs NITs AIIMS IIMs
○ Equivalent to foreigners
RIGHTS NOT FOR OCI CARDHOLDERS
● No equality in matters of Public Employment
● Not eligible for post of President, Vice President, Judges of Supreme Court and High Court,
MP/MLA, Government Jobs (except as specified by the Central Government)
● Not entitled to Vote
RENUNCIATION OF OCI CARDS
● OCI Cardholder
○ Voluntarily renounce the OCI Card
● Spouse of Foreign Origin and Minor Child of any such person ○ No longer OCI Cardholders
CANCELLATION OF OCI CARDS
● Central Government
● Reasonable opportunity will be given
○ Nodal authority to cancel OCI Card of a person
○ To hear the petitioner
○ Before cancelling the card
CANCELLATION OF OCI CARDS
● Conditions for cancellation
○ OCI Card obtained by fraud
○ Disaffection towards the Constitution of India
○ Traded or communicated with any enemy of India during a war
○ OCI Cardholder sentenced for 2 years in jail in any country within 5 years of obtaining the
card
○ Violated any law of India or any provision of Citizenship Act, 1955
○ Necessary to do so in the interest of sovereignty and integrity of India, Security, Friendly
relations with foreign states, interest of general public
○ Marriage of OCI cardholder has been dissolved
With reference to India, consider the following statements:
1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct? (a) 1 Only
(b) 2 Only (c) 1and3 (d) 2 and 3
A
