​​Termination of Indian Citizenship

Indian citizenship is a valuable status that grants various rights and privileges to individuals who possess it. However, there are circumstances under which Indian citizenship can be terminated. 

The termination of citizenship in India can occur through three primary methods: renunciation, adoption of different citizenship, and deprivation. 

Renunciation of Indian Citizenship

A renunciation is a voluntary act by which a citizen of India who also holds the citizenship of another country formally gives up their Indian citizenship. This process requires the individual to declare in the prescribed manner, stating their intention to renounce Indian citizenship. Upon renunciation, the individual ceases to be an Indian citizen.

It’s important to note that when a male person renounces his Indian citizenship, any minor child also loses their Indian citizenship. However, there is a provision that allows such a child, within one year after attaining full age, to become an Indian citizen again by declaring their intention to resume Indian citizenship.

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Adoption of Different Citizenship

Another way in which Indian citizenship can be terminated is through the termination process. Termination occurs when a citizen of India knowingly or voluntarily adopts the citizenship of a foreign country. This means that if an individual acquires citizenship in another country and willingly accepts it, their Indian citizenship automatically ends.

The act of termination is a conscious decision made by an individual to relinquish their Indian citizenship in favor of another nationality. It signifies a significant change in one’s legal status and can affect an individual’s rights and obligations.

Deprivation of Indian Citizenship

The third method of terminating Indian citizenship is deprivation. The Government of India can deprive a person of their citizenship under certain circumstances. However, it’s important to note that this provision does not apply to all citizens but is limited to specific cases.

Deprivation of citizenship applies to individuals who have acquired their Indian citizenship through registration, naturalization, or only by Article 5 Clause (c). This clause pertains to citizenship at the commencement of the Constitution for individuals who are domiciled in India and have been ordinary residents of the country for a minimum of five years immediately preceding the Constitution’s commencement.

Implications and Considerations

The termination of Indian citizenship carries significant implications for individuals regarding legal status and practical considerations. Once an individual’s Indian citizenship is terminated, they lose the rights and privileges associated with it. They may no longer enjoy the right to vote, hold public office, or avail themselves of certain government benefits exclusively available to Indian citizens.

Furthermore, the termination of Indian citizenship may have consequences related to travel and residency. Individuals previously Indian citizens may now face visa requirements and restrictions when travelling to India, as they would be treated as foreign nationals. It is essential for individuals considering the termination of their Indian citizenship to carefully evaluate the potential impact on their personal and professional lives.

Summary

Termination of Indian citizenship is possible through renunciation, termination, or deprivation. Renunciation involves voluntarily giving up Indian citizenship through a formal declaration, while termination occurs when an individual knowingly adopts the citizenship of another country. Deprivation, however, allows the government to strip an individual of their citizenship under specific circumstances.

Terminating Indian citizenship has profound implications on an individual’s legal status, rights, and privileges. It is crucial for individuals considering the termination of their Indian citizenship to understand the consequences and carefully evaluate their decision thoroughly. Seeking professional advice and guidance can be beneficial in navigating the complex process and ensuring compliance with relevant laws and regulations.

Note: Access complete CLAT Legal Reasoning notes here.


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Aishwarya Agrawal
Aishwarya Agrawal

Aishwarya is a gold medalist from Hidayatullah National Law University (2015-2020) and has over 9 years of experience in law. She has been mentoring law aspirants to help them secure admission to their dream colleges and universities.

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