Citizenship by Registration | 22 Nov 2019

Why in News

The Ministry of Home Affairs (MHA) has cancelled the citizenship of Chennamaneni Ramesh who is a Member of the Legislative Assembly (MLA) from Vemulawada in Telangana.

  • The MHA held that Ramesh obtained citizenship under section 5(1)(f) of the Citizenship Act, 1955 in the year 2009 by means of fraud, false representation and concealment of facts and thus, his action attracts provisions of section 10(2) of the Act.
  • It is to be noted that a person who is not an Indian citizen is not eligible to contest or vote in any election.

Section 5(1)(f)

  • Section 5 of the Citizenship Act 1955 deals with acquisition of citizenship by registration.
  • Section 5(1)(f) states one of the categories eligible for the case of registration. That is, a person of full age and capacity
    • Who, or either of his parents, was earlier citizen of independent India, and
    • Has been residing in India for one year immediately before making an application for registration.

Section 10(2)

  • Section 10 deals with deprivation of citizenship.
  • Section 10(2) provides that the Central Government may, by order, deprive a citizen (who is such by registration) of Indian citizenship, if it is satisfied that:
    • The registration was obtained by means of fraud, false representation or concealment of any material fact; or
    • That citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India; or
    • That citizen has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business that was to his knowledge carried on in such manner as to assist an enemy in that war; or
    • That citizen has, within five years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than two years; or
    • That citizen has been ordinarily resident out of India for a continuous period of seven years.
  • The law, however, also provides for checks to ensure that citizenship is not cancelled arbitrarily.
    • Section 10(3) of the Act says that 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 person should continue to be a citizen of India.