Citizenship Act 1955 - Lecture notes 1 PDF

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Citizenship Act 1955 Parliament, in exercise of its power under Article 11 if the constitution, passed the citizenship Act 1955. The Act makes provisions for acquisition and termination of citizenship, after the commencement of the constitution in five ways as follows (section 3 to 7 of the Act) 1. 2. 3. 4. 5.

Citizenship by Birth- Section 3 Citizenship by Descent- Section 4 Citizenship by Registration- Section 5 Citizenship by Naturalisation- Section 6 Citizenship by incorporation of territory- Section 7

Section 3 of the Act, States, except as provided by Sub Section(2), every person born in India, on or after 26th January 1950 but before the commencement of citizenship (Amendment) Act, 1986 (b) on or after such commencement and either of whose parents is a citizen of India at the time of his birth, shall be a citizen of India by birth. 1. A person shall not be a citizen of India by virtue of this section if at the time of his birth, his father possess such immunity from suits and legal process as from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the president of India and is not a citizen of India or his father is an enemy alien and the birth occurs in a place then under occupation by the enemy. The citizenship Act, 1955 has been amended by the citizenship Act 1986 (W.C.F. 1/07/1987) to prevent persons coming to India from Bangladesh, Srilanka and other African Countries to become citizens of India. The Act amends Section 3 and provides that the citizenship by birth can only be acquired by such persons only if either of his parents is citizen of India at the time of the birth. II. Citizenship by descent (Section 4) Section 4 of the citizenhip Act, 1955 provides: “ A person born outside India

a. On or after the 26th January 1950, but before the commencement of Citizenship (Amendment) Act 1992 (39 of 1992) shall be a citizen of India by descent if his father is a citizen of India at the time of his birth; b. On or after such commencement, shall be a citizen of India by descent if either of his parents is a citizen of India at the time of his birth. Provided that if the father of such a person referred to in clause(a) was a citizen of India by descent only, that the person shall not be a citizen of India by virtue of this section unless a. His birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or with the permission of the central Government, after the expiry of the said period: or b. His father, at the time of his birth, in service under the Government of India. Provided further that if either of the parents of such person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless a. His birth is registered at an Indian consulate within one year of its occurrence or the commencement of citizenship (Amendment) Act, 1992 whichever is later, or with the permission if the central Government, after the expiry of the said period or b. Either of his parents at the time of his birth, in service under Government of India. 2. If the central Government so directs , a birth shall be deemed for the purpose of this section to have been registered with its permission was not obtained before the registration. 3. For the purpose of the provisions 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 the constitution shall be deemed to be a citizen of India by descent only.

III. Citizenship by Registration Section 5: 1. 1. Subject to the provision of this section and such constitutions and restrictions as may be prescribed, the prescribed authority may on application made on this behalf, register as citizen of India any person who is not already such citizen by virtue of the constitution, or by virtue of any other provisional of this Act and belongs to any of these categories: a. A person of Indian origin who are ordinarily resident in India and has been so resident for last five years immediately before making the application for registration. b. Persons of Indian origin who are ordinarily resident in any country or place outside undivided India. c. persons who are, or have been, married to citizens of India and are ordinarily resident in India and have been so resident for five years immediately before making an application for registration; d. minor children of persons who are citizens of India, and e. persons of full age and capacity who are citizens of a country specified in the First Schedule. The countries specified in the First Schedule are: 1. United Kingdom (United Kingdom means the United Kingdom of Great Britain and Northern Ireland, and include the Channel islands, the Isle of Man and Colonies); 2. Canada; 3. Commonwealth of Australia (Commonwealth of Australia includes the territories of Papua and the territory of Norfolk Island); 4. New Zealand; 5. Union of South Africa; 6. Pakistan; 7. Ceylon; 8. Federation or Rhodesia and Nyasaland; 9. Ghana; 10.Federation of Malaya; 11.Singapore. (B) The Republic of Ireland

Provided that in prescribing the conditions and restrictions subject to which persons of any such country may be registered as citizens of India under this clause, the Central Government shall have due regard to the conditions subject to which citizens of India may, by law or practice of that country, become citizens of that country by registration. The oath of allegiance is mentioned in the II Schedule. (3) No person who has renounced, or has been deprived of, his Indian citizenship, or whose Indian citizenship has terminated, under this. Act shall be registered as a citizen of India under sub-section except by order of the Central Government. (4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India. (5) A person registered under this section shall be citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of Article 6 or Article 8 of the Constitution shall be deemed to be a Citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. (IV) Citizenship by Naturalisation (Sec.6) (1) Where an application is made in the prescribed manner by any person of full age and capacity who is not a citizen of a country specified in the First Schedule for the grant of a certificate of naturalisation to him, the Central Government may, if satisfied that the applicant is qualified for naturalisation under the provision of the Third Schedule, grant to him a certificate of naturalisation: Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the III Schedule. The Third Schedule provides that "The qualification for naturalisation of a person who is not a citizen of a country specified in the First Schedule are:i) that he is not a subject or citizen of any country where citizens of India are prevented by law or practice of that country from becoming subject or citizens of that country by naturalisation;

ii) that, if he is a citizen of any country, he has renounced the citizenship of the country in accordance with the law therein in force in that behalf and has notified such renunciation to the Central Government; iii) that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application; iv) that during the 12 years immediately preceding the said period of 12 months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than 9 years; v) that he is of good character; vi) that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution, and vii) that in the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into, or continue in, service under a Government in India or under an international organisation of which India is a member viii) that he is ready to take oath of allegiance. Termination of Citizenship (Section 8): 1. If any citizen of India full age and capacity, who is also a citizen or National of another country, makes in a prescribed manner a declaration of renouncing his Indian citizenship the declaration shall be registered by the prescribed authority, and upon such registration the person shall cease to be a citizen of India. Provided that f any such declaration is made when India is in war with any other country registration will be withheld and when normally is restored the application will be considered. 2. Where a person ceases to be a citizen of India under subsection (1), every minor shall cease to be a citizen of India. Provided that such child after attaining majority within one year an option will be given to opt for India Citizenship. 2. Acquisition of Citizenship of another country (Section 9)

Any citizen of India, who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January 1950 and the commencement of its Act voluntarily acquired, the citizenship of any other country shall, upon such acquisition or is the case may be such commencement cease to be a citizen of India. Provided that nothing in this subsection shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquired the citizenship of another country until central Government otherwise directs.

Whether company or a corporation is a citizen of India? A company or corporation is not a natural person, but a juristic person citizenship is deigned in part II of the constitution states that, only the natural persons can claim citizenship. A company or a corporation being a juristic person cannot claim citizenship under the Constitution of India or citizenship Act 1955. Cases: In state Trading Corporation v/s Commercial Tax Officer AIR 1963 S 184 The Supreme Court held that company or corporation is not a citizen of India and hence it cannot claim Fundamental Rights referred on the citizens. In Barium Chemical v/s Company Law Board AIR 1967 SC 295 The Supreme Court held that a company being an artificial person cannot claim the protection. 4. But, before making an order under this section, the Central Government shall follow the principles of Natural Justice. 5. If the order is proposed to be made against a person on any one of the grounds specified in sub section (2) other than clause (e) therefore and that person so applied in the prescribed manner, the central Government shall and in any other case it may, refer the case to a committee of inquiry consisting of a chairman (being an officer of Judicial body for 10 years) and two other numbers appointed by the central government in this behalf.

6. The committee of enquiry shall hold enquiry on such reference and submit a report to central Government and the Central Government shall ordinarily be guided by such report in making an order. 3. Deprivation of Citizenship (Section 10) 1. A Citizen of India who is such by naturalisation or by virtue only of clause (c) of Article 5 of the constitution or by registration otherwise than under clause (b) (ii) of Article 6 of the constitution or clause (a) of subsection (1) of section 5 of this Act, shall cease to be a citizen of India, if he is deprived of that citizenship by an order of the central Government under this section. 2. Subject to the provisions of this section, the Central Government may, by order, deprive any such citizen of Indian origin, if it is satisfied thata. The registration or certificate of Naturalisation was obtained by means of fraud, false representation the concealment of any material fact or b. that citizen has snows by himself by act or speech to be disloyal or disaffected towards the constitution of India as by law established, or c. That the citizen has, during any war in which India may be engaged, in or associated with, any business that was not his knowledge carried on in such manner as to assist any enemy in that war; or d. That citizen has, within five years after registration or naturalisation been sentenced in any country to imprisonment for a term not less than 2 years. 3. The central Government shall not deprive a person of citizenship under this section unless it is satisfied that it is not conducive to the public good that a person should continue to be a citizen of India of Article 19. The company is to a citizen and therefore there is no Fundamental Rights. However, the Fundamental Rights like Right to Equality, which provides for the protection of a person are available to a company or corporation.

In R.C. Cooper v/s Union of India popularly known as Banks Nationaliser case, AIR 1970 SC 564)- The Supreme Court held that, where a legislation affects the company for which an individual is a share holder, it affects/ infringes his rights and hence, he can file a petition on behalf of the company under Article 32 of the Constitution. Thus individuals rights is not lost for the reason, he is the share holder of the company. In Minerva Mills v/s Union of India, the Supreme Court introduced Lifting the corporate veil theory in order to determine whether a company or corporation is a citizen of India or not....