Why is it in the news?
1. Former IPL Chairman, Lalit Modi wants to surrender his Indian passport. He has been accused of being an economic offender by Indian investigating agencies. He has been absconding since 2010. He has also acquired citizenship of Vanuatu, an island country in the South Pacific Ocean. It has been learned that Lalit Modi has made an application for surrendering his passport in the high commission of India London.
2. Lalit Modi, the former IPL Chairman has been under probe by various agencies in connection with forex violations and a ₹425 crore TV rights deal for the 2009 IPL with World Sports Group.
3. Shortly after the IPL 2010 final, Modi was suspended from BCCI after being accused of misconduct, indiscipline and financial irregularities in association with the two new franchises Pune and Kochi. The BCCI launched an investigation against him and banned him for life in 2013 after a committee found him guilty of these charges. A special court in Mumbai had issued a non-bailable arrest for Lalit Modi in 2015 for his alleged involvement in a money laundering case registered by the ED.
Where is Vanuatu?
1. It is a country of more than 80 islands in the Southern Pacific Ocean. It has a population of more than 3 lakhs. It is located east of Australia and West of Fiji and South of Soloman islands. Its capital is Port Vila.
It achieved independence from France and Britain in 1980. Vanuatu offers citizenship through its citizenship by investment programme requiring a non-refundable donation or investment. It is learned that an amount of 1 lakh 55 thousand USD is required of a single applicant to acquire citizenship.
Who is a citizen?
1. A citizen is an individual who has a formal relationship with a state. It entails allegiance to the state and entitlement to its protection. Citizenship involves certain rights, duties and responsibilities. Citizenship can be acquired by birth within a territory, descent from a citizen parent, marriage to a citizen or through naturalisation process. In our constitution, a citizen has been bestowed upon exclusively the right against discrimination (article 15), equality of opportunity in public employment (article 16), freedom of speech and expression, movement, resident, profession (article 19), protection of interests of minorities (article 29), right of minorities to establish educational institutions (article 30). In addition, a citizen in India who abides by 11 fundamental duties under article 51 A. A citizen is required to respect the constitution, follow the noble ideas of freedom struggle, uphold sovereignty of India, defend the country, promote harmony and brotherhood, value and preserve the rich heritage of India, protect and improve the natural environment, develop scientific temper, humanism and spirit of inquiry, safeguard public property and avoid violence, strive for excellence in all fields, ensure education for children between six to fourteen years by parents/guardians.
Aliens are not required to follow the above fundamental duties of our constitution but they are obliged to follow the rules and laws of India, respect India’s sovereignty and national symbols, obey visa and immigration rules, respect for Indian culture tradition and religious sentiments, refrain from interfering a Indian politics or elections, protect public order and national security and pay taxes and financial dues if earning in India.
2. In contrast, an alien is a foreign born resident who is not a citizen of a country in which he resides. Aliens may have certain rights and protections but these are often limited compared to those of citizens. For example, aliens might not have the right to vote or hold certain public offices. An alien can enjoy economic opportunities and legal protections. Their stay in the country is subject to permission and can be revoked. Following are fundamental rights in our constitution which are available to both citizens and aliens. These are
Right to equality before law (article 14)
Protection in conviction for offenses, against ex post facto laws, double jeopardy and self incrimination (article 20)
Right to life and personal liberty (article 21)
Right to education (article 21 A)
Protection against arbitrary arrest and detention (article 22)
Prohibition of human trafficking and forced labour (article 23)
Prohibition of child labour (article 24)
Freedom of religion (article 25-28)
How citizenship is acquired in India?
1. Our constitution deals with citizenship from article 5 to 11 under part II. However, it empowers the Parliament to provide provisions with regard to citizenship. That’s why, the parliament has enacted the Citizenship Act, 1955 which has been amended from time to time.
2. According to the Citizenship Act, 1955, a person can be a Indian Citizen
By birth :
born in India before January 26,1950
Born between January, 26th, 1950 - July 1st, 1987 is an Indian citizen regardless of parents nationality.
Born between July 1st 1987- December 3rd, 2004 - at least one parent must be an Indian citizen.
Born on or after December 3rd, 2004- both parents must be Indian citizens or one parent must be an Indian citizen and the other not an illegal migrant.
By descent
Born outside India before January 26th, 1950 is an Indian citizen if father was an Indian citizen.
Born between January 26th, 1950 - December 10th, 1992 is an Indian citizen if father was an Indian citizen.
Born after December 10th 1992 - He is an Indian citizen if either parent is Indian and birth is registered at an Indian consulate within one year.
3.By registration
A person of Indian origin residing in India for seven years.
A person married to an Indian citizen and residing in India for seven years.
Minor children of Indian citizens
4.By naturalisation
A foreigner can apply if he has lived in India for twelve years. However, the government may waive conditions for distinguished persons.
5. By incorporation of a territory
If a new territory joins India its residents become Indian citizens.For example, the residents of Goa, Puducherry, Sikkim, Dadra & Nagar Haveli became the citizens of India automatically when these territories were merged with the Indian Union.
6.Special Provision as to citizenship of persons covered by the Assam Accord. According to the citizenship amendment Act, 1985, all persons of Indian origin who came to Assam before January 1st, 1966 from Bangladesh and who have been ordinarily resident of Assam since the date of their entry into Assam shall be deemed to the citizens of India as from January 1st, 1966.
Those individuals who migrated to Assam from Bangladesh between January 1st, 1966 and March 24, 1971 had to register and wait for ten years to become citizens. Until then, they had limited rights and no voting rights.
Those individuals who migrated to Assam after March 24,1971 from Bangladesh would be considered illegal migrants and subject to deportation.
7. Citizenship Amendment Act, 2019 - Granted citizenship to persecuted minorities of Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Pakistan and Bangladesh who migrated into India on or before December 31st, 2014.
8. National register of citizens was updated in 2019 to identify illegal immigrants based on March 24, 1971 as the cut off date set by the 1985 Citizen Amendment Act. About 19 lakh individuals were categorised as illegal migrants in Assam.
How is citizenship lost in India?
1. By renunciation - If an individual voluntarily surrenders his citizenship, he ceases to be an Indian citizen. It should be noted that minor children of such parents also lose their citizenship. However, they can reclaim Indian citizenship when they turn 18 years old.
2. By termination - If an Indian citizen acquires citizenship of another country voluntarily, his Indian citizenship is automatically terminated. But if an individual acquires foreign citizenship by marriage or birth in another country, the automatic termination would not apply.
3. By deprivation - The government can deprive a person of Indian citizenship if
Obtained fraudulently
Showed disloyalty to the Indian constitution
Assisted an enemy country during war
Convicted of an offense for more than two years within five years of acquiring citizenship.
Traded illegally with enemy countries.
Only a person who has acquired Indian citizenship by registration, naturalisation and incorporation of territory can be deprived of citizenship. Citizens by birth cannot be deprived of their citizenship except in case they acquire foreign citizenship voluntarily.
Difference between Non Resident Indians and Overseas Citizens of India.
Single citizenship in India
1. Our constitution provides for only a single citizenship. There is no separate state citizenship as it obtains in the US or Australia. These countries have adopted double citizenships and so citizens owe allegiance to both the central and state governments. In India, all citizens irrespective of the state in which they are born or reside enjoy the same political or civil rights or citizenship all over the country and no discrimination is made between them. However, in the interest of local people, there has been provision for residence with regard to employment in a particular state in the non-gazetted post. Similarly, the freedom of movement under article 19 can be restricted in the interest of the protection and safety of primitive and nomadic tribes inhabiting a particular area.
Conclusion
1. India follows jus Sanguinis (right of blood) instead of jus Soli (right of soil) adopted in the US and the other countries.
2. India does not allow dual citizenship.
3. OCI (oversea citizen of India) is not equal to dual citizenship.
4. The President of India can be a citizen of India by birth or naturalisation while in the US only a natural born citizen can become its President. To become the Indian President, he must have resided in India for at least ten years before election and must be qualified to become a member of the Lok Sabha.
5. Thus, the Indian constitution provides a unified and equal citizenship system with restricted laws against dual citizenship.
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