Sambhav-2024

Approach / Explaination / Answer

• Begin with a brief introduction of Citizenship and related provisions.
• Discuss the statutory provisions for the loss of citizenship under citizenship laws.
• Mention recent debates around the loss of citizenship.
• Conclude suitably.

Citizens are integral constituents of the Indian State and pledge their loyalty to it. They are entitled to a complete array of civil and political privileges. The Constitution addresses the subject of citizenship in Articles 5 to 11 within Part II, incorporating comprehensive provisions related to Citizenship and conferring authority upon the Parliament to enact legislation concerning this subject.

Consequently, the Citizenship Act (1955) provides ways for loss of citizenship as follows:

• By Renunciation: Any citizen of India of full age and capacity can make a declaration
• renouncing his Indian citizenship. Upon the registration of that declaration,
• that person ceases to be a citizen of India. Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship.
• By Termination: When an Indian citizen voluntarily (consciously, knowingly and without
• duress, undue influence, or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates. This provision, however, does not apply during a war in which India is engaged.
• By Deprivation: It is a compulsory termination of Indian citizenship by the Central
• government, if:
  • The person has obtained the citizenship by fraud;
  • the citizen has shown disloyalty to the Constitution of India;
  • the citizen has unlawfully traded or communicated with the enemy during a war;
  • the citizen has, within five years after registration or naturalization, been imprisoned in any country for two years; and
  • the citizen has been ordinarily resident out of India for seven years continuously.

Furthermore, there are concerns that the Citizenship (Amendment) Act, 2019, along with the nationwide implementation of the National Register of Citizens (NRC), could necessitate that migrant individuals must provide evidence of their citizenship, or they could risk losing their Indian citizenship.

While the laws allow for certain circumstances where an individual's citizenship can be terminated, it is essential to ensure that these provisions are applied fairly and justly. It is crucial for India to navigate these challenges carefully and uphold the principles of justice, inclusivity, and respect for the rights of all its citizens.