Section 6A of the Citizenship Act, 1955.

Why in News?

• Recently, A Constitution Bench led by Chief Justice of India D.Y. Chandrachud said it will first take up for preliminary determination whether Section 6A of the Citizenship Act, 1955 suffers from any “constitutional infirmity”.

About:

• Section 6A was a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985.
• The accord was a tripartite agreement between the Centre, the Assam government and the All-Assam Students Union, and came after years of protest against perceived demographic change and outsiders in the state.

Section 6A

• It created a special provision for Assam by which persons who entered between January 1, 1966, and March 25, 1971, and who are residing in the state, upon being detected as foreigners, will be allowed to register
• Upon registration, such a person will have the same rights and obligations as a citizen of India, but will not be entitled to be included in any electoral roll for a period of 10 years.
• Foreigners who had entered Assam before January 1, 1966, and been “ordinarily resident” in the State, would have all the rights and obligations of Indian citizens including the right to vote.

Acquisition of Citizenship

• The Citizenship Act of 1955 provides for the following ways to acquire citizenship:
• Citizenship by birth– for people born in Indian territory
• Citizenship by descent– for persons born outside India with Indian parents
• Citizenship by registration– for persons whose ancestors were Indian citizens
• Citizenship by naturalization– for persons staying in India for a long time
• Citizenship by incorporation of territory(by the Government of India)

Termination of Citizenship

• The Citizenship Act 1955 provided provisions for renunciation, termination, and deprivation of citizenship.
• Renunciation of Citizenship:If an Indian citizen who is also a national of another country renounces his Indian citizenship in a legal manner, he loses his Indian citizenship.
• When a man ceases to be an Indian citizen, his minor children cease to be Indian citizens as well. However, such a child may become an Indian citizen within one year of reaching full age by filing a statement of intent to return to India.
• Termination of Citizenship:If an Indian citizen knowingly or voluntarily accepts the citizenship of another nation, his or her Indian citizenship can be revoked.
• Deprivation of Citizenship:In some situations, the Indian government can strip a person of his citizenship.
• However, this does not apply to all citizens. It only applies to citizens who have obtained citizenship through registration, naturalization, or Article 5 Clause (c) of the Constitution (which is citizenship at commencement for a domicile in India and who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution).