what is Renunciation of citizenship- what is Deprivation

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what is Renunciation of citizenship

Enunciation is covered in section 8 of the citizenship act 1955. If any citizen of India of full age and capacity, who is also a citizen or national of another country, make in the prescribed manner a declaration renuncing his Indian citizenship, the declaration shall be registered by the prescribed authority, and upon such registration, that person shall cease to be a citizen of Indian. Provided that if any such declaration is made during any war in which India may be engaged, registration their of shall be with held until the central government otherwise directs.

Where a person ceases to be a citizen of India every minor child of that person shall there upon cease to be a citizen of India, provided that any such child , within one year after attaining full age, make a declaration that he wishes to resume Indian citizenship and shall their upon again become a citizen of India.

For the purpose of this section, any woman any woman who is, or has been, married shall be deemed to be of full age.

Acquisition of citizenship of another country

Any citizen of India who by naturalization, registration or otherwise voluntarily acquired, or has at any time between the 26th January 1950 and the come commencement of this act voluntarily acquired, the citizen of another country, cease to be a citizen of India. This does not apply to the citizen of India, during any war in which India may be engaged, voluntarily acquired the citizenship of another country, until the central government otherwise directs.

If any question arises as to whether, when for how many persons has acquired the citizenship of another country, it shall be determined by such authority in such manner, and having regards to such rule of evidence, as may be prescribed in his behalf.

The acquisition of another country’s passports is also deemed under the citizenship rule, 1956 to be a voluntary acquisition of another country nationality. Rule 3 of schedule III of the citizenship rules 1956 states that “the fact that of citizen of India has obtained on any date of passport from the government of any other country shall be conclusive prove of his having voluntarily acquired the citizenship of that country before that date”. Again, this rule applies even if the foreign passport was obtained for the children by his or her parents and even if position of such a passport is required by the laws of the foreign country which considered the child to be one of a citizen.

For example-us born child of Indian parent will automatically deemed to be a US citizen according to us law, and who is therefore required by us law to have a US passport in order to travel abroad). It does not matter that a person continues to hold an Indian passport. Person who acquires another citizenships lose Indian citizenship from the date on which they acquire that citizenship for another countries passport. The prevailing practice at a certain number of British diplomatic posts,

For example-is to impound and return to the Indian authorities the Indian passport of those applicants who apply for and are granted British passports.

Special rules exist for Indian citizens with a connection to Goa, Daman and Diu. Rule 3 a of schedule III of the citizenship rules, 1956 states that ”where a person, who has become a Indian citizen by virtue of the Goa, Daman and Diu order, 1962 are the Dadra and Nagar Haveli order 1962 issued under the section 7 of the citizenship act 1955 holds a passport issued by the government of any other country the fact that he has not surrendered the sailed passport on or the before the 19 January 1963 shall be conclusive proof of his having voluntarily acquired the citizenship of the country before that date.

On 16 February 1962, constitution bench of the supreme court of India held in the case of Izhar Ahmad Khan vs. Union of India, AIR 1962 SC 1052, that “if it is shown that a person has a quiet of foreign citizenship either by the naturalization or registration, there can be no doubt that he seems to be a citizen of India in consequences of such naturalization or registration, provided the said voluntary equation has taken place between the sector 26 26 January 1950 and the commencement of the act or take place there after.

Deprivation

The central government under section 10 of the Indian citizenship act 1955 deprives any citizen of India citizenship if it is satisfied that

A} the registration or certificate of naturalization was obtained by means of fraud, false representation or concealment of any material fact or

B} that’s the reason has shown himself by act or speech to be disloyal or disaffected to word the constitution of India as bye laws established or

C}that’s it doesn’t has during the war in which India may be engaged, unlawfully traded or communicated with an enemy Auburn engaged in or associated with any business that was to his knowledge carried or in such manner that as to assist any enemy in that war or

D} great citizen has within 5 years after registration on naturalization been sentenced in any country to imprisonment for a term of less than 2 years or

E} that citizen has been orderly resident out of India for a container spirit of 7 years, and during that period has neither been at any time a student of any educational institution in a country outside India or in the service of a government of India or of an international organisation of which India is a member, not registered annually in the prescribed manner at an Indian consulate his intentions to retain his citizenship of India.

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