Change in Citizenship Rules 

Syllabus: GS2/Polity and Governance

Context

• The Centre notified draft changes to the Citizenship Rules, 2009 that would require certain applicants to declare possession or surrender passports issued by Pakistan, Afghanistan and Bangladesh.

About

• The new provision obliges applicants to state whether they hold a valid or expired passport issued by any of the three neighbouring countries.
  • Those who possess such passports must provide passport details and agree to surrender the document to the Senior Superintendent of Post concerned within 15 days of citizenship approval.
• The new clause has been inserted within Schedule IC of the Citizenship Rules. This section pertains to Afghan, Bangladeshi and Pakistani nationals belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who are seeking Indian citizenship.
  • The Citizenship (Amendment) Act of 2019 had paved the way for granting Indian nationality to undocumented non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who came to India before the end of December 2014.
• The officials described the amendment as an administrative clarification aimed at strengthening verification and record-keeping in citizenship cases.

Citizenship

• Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament.
• The Constitution does not define the term ‘citizen’ but details of various categories of persons who are entitled to citizenship are given in Part II (Articles 5 to 11).

Acquisition of Indian Citizenship

• The Citizenship Act of 1955 prescribes five ways of acquiring citizenship:
  • Citizenship conferred by birth;
  • Citizenship through descent;
  • Citizenship through registration;
  • Naturalization leads to citizenship;
  • Territorial incorporation (by the Government of India).
• Under The Indian Citizenship Act, 1955, Persons of Indian Origin are not allowed dual citizenship. If a person has ever held an Indian passport and has obtained the passport of another country, they are required to immediately surrender their Indian passport.

Termination of Indian Citizenship

• Renunciation: Any Indian citizen who is also a national of another country who renounces his Indian citizenship in the prescribed manner through a declaration ceases to be an Indian citizen.
• Termination: An Indian citizen’s citizenship can be revoked if he or she knowingly or voluntarily adopts the citizenship of another country.
• Deprivation: In some cases, the Indian government may deprive a person of his citizenship. However, this does not apply to all citizens. Conditions for deprivation are:
  • Obtained the citizenship by fraud.
  • Citizens have shown disloyalty to the Constitution of India.
  • Citizens have unlawfully traded or communicated during the times of war.
  • Within 5 years of naturalization, the said citizen is imprisoned for a term of two years.
  • Citizen has been ordinarily resident out of India for a period of 7 years.

Source: IE