Citizenship

Syllabus: General Studies Paper 2

Context:

More than six lakh Indians renounced citizenship in the past five years, the Ministry of Home Affairs (MHA) informed the Lok Sabha recently.

• In 2021, till September 30, 1,11,287 Indians gave up their citizenship.

Probable reason for exodus

• The reason for a large number of Indians surrendering their citizenship was not stated.
• Though, in 2018, the MHA revised Form XXII under Citizenship Rules for declaration of renunciation of citizenship, which, for the first time, included a column on “circumstances/reasons due to which applicant intends to acquire foreign citizenship and renounce Indian citizenship”.
• Recently, the MHA had simplified the process and provisions were made for the applicants to upload documents online and an upper limit of 60 days was fixed for the renunciation process to be completed.

Key Reports.

• According to a Global Wealth Migration Review report, in 2019, India came second only to China when it came to high net worth individuals (HNIs) leaving the country. As many as 7,000 HNIs left India in 2019.
• In October, former Finance Minister of West Bengal, quoting a Morgan Stanley report, tweeted that “35,000 Indian Entrepreneurs of High Net Worth LEFT India between 2014-2020, as NRI/Immigrants. India RANKED No 1 IN EXODUS IN THE WORLD”.

Key Stats of the Home Ministry

• In the period 2016-20, 10,645 foreigners applied for Indian citizenship, of which more than 7,782 were from Pakistan and 452 were stateless.
  • During the same period, 4,177 persons were granted Indian citizenship but the country-wise breakup was not provided.
  • A total number of 1,33,83,718 Indian nationals were living in foreign countries.
• The Minister said the persons covered under the Citizenship Amendment Act (CAA) might apply after the rules were notified.
• Till now, the Government has not taken any decision to prepare the National Register of Indian Citizens (NRIC) at the national level.

Renunciation of Indian citizenship

• Renunciation is a voluntary act by which a person after acquiring the citizenship of another country gives up his Indian citizenship.
• Termination takes place by operation of law.
• When an Indian citizen voluntarily acquires the citizenship of another country, he automatically ceases to be an Indian citizen.

Acquiring Indian Citizenship

• There are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation. The provisions are listed under the Citizenship Act, 1955.
• By Birth:
  • Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of his/her parents.
  • Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India given that either of his/her parents is a citizen of the country at the time of his/her birth.
  • Every person born in India on or after 3.12.2004 is a citizen of the country given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth.
• By Registration:
  • Citizenship can also be acquired by registration. Some of the mandatory rules are:
  • A person of Indian origin who has been a resident of India for 7 years before applying for registration.
  • A person of Indian origin who is a resident of any country outside undivided India.
  • A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration.
  • Minor children of persons who are citizens of India.
• By Descent:
  • A person born outside India on or after January 26, 1950 is a citizen of India by descent if his/her father was a citizen of India by birth.
  • A person born outside India on or after December 10, 1992, but before December 3, 2004 if either of his/her parents was a citizen of India by birth.
  • If a person born outside India or or after December 3, 2004 has to acquire citizenship, his/her parents have to declare that the minor does not hold a passport of another country and his/her birth is registered at an Indian consulate within one year of birth.
• By Naturalisation:
  • A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years(throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.
• The Act does not provide for dual citizenship or dual nationality. It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration or naturalisation.

The Hindu link-

https://www.thehindu.com/todays-paper/tp-national/6-lakh-indians-renounced-citizenship/article37781466.ece

Question- Write a short note on ways to acquire and renounce Indian citizenship .