Consider the following statements regarding Loss of citizenship in Ind...
Both Statements are correct
Loss of Citizenship
The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation:
1. By Renunciation: Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship. Upon the registration of that declaration, that person ceases to be a citizen of India. However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government.
2. Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship.
3. By Termination: When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates. This provision, however, does not apply during a war in which India is engaged.
4. By Deprivation: It is a compulsory termination of Indian citizenship by the Central government, if:
- The citizen has obtained the citizenship by fraud:
- The citizen has shown disloyalty to the Constitution of India:
- The citizen has unlawfully traded or communicated with the enemy during a war;
- The citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years; and
- The citizen has been ordinarily resident out of India for seven years continuously.
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Consider the following statements regarding Loss of citizenship in Ind...
Loss of Citizenship in India
Statement 1: When a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship.
This statement is correct. According to the Citizenship Act, 1955, when a person voluntarily renounces their Indian citizenship, any minor child of that person also loses their Indian citizenship. This provision is based on the principle that a minor child follows the citizenship status of their parents. Therefore, if the parent renounces Indian citizenship, the minor child automatically loses it as well.
Statement 2: The Central government can terminate citizenship of a citizen who has shown disloyalty to the Constitution of India.
This statement is also correct. The Central government has the power to terminate the citizenship of a person who has shown disloyalty to the Constitution of India. The Constitution provides for the acquisition and termination of citizenship, and disloyalty to the Constitution is considered a valid ground for termination. However, it is important to note that the process of terminating citizenship requires following the due process of law, including providing the concerned individual with an opportunity to be heard.
Explanation:
Loss of citizenship in India can occur through various means such as renunciation, deprivation, and termination. Renunciation refers to the voluntary act of giving up one's Indian citizenship, while deprivation refers to the involuntary loss of citizenship due to certain specified reasons. Termination, on the other hand, refers to the Central government's power to terminate citizenship on various grounds.
The Citizenship Act, 1955 provides the legal framework for the acquisition and termination of citizenship in India. It lays down the conditions and procedures for renunciation, deprivation, and termination of citizenship. The Act also specifies certain grounds under which citizenship can be terminated, and disloyalty to the Constitution is one such ground.
The process of terminating citizenship due to disloyalty to the Constitution requires following the principles of natural justice. The concerned individual must be given a fair opportunity to be heard and present their case before any decision is made. The Central government, through appropriate authorities, examines the evidence and determines whether the individual has indeed shown disloyalty to the Constitution.
In conclusion, both statements are correct. When a person renounces their Indian citizenship, their minor child also loses citizenship. Additionally, the Central government has the power to terminate citizenship of a person who has shown disloyalty to the Constitution of India, but this process must follow the principles of natural justice.
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