Immigration Law And Role Of Immigration Legal Professionals
Citizenship regulation in India
In India, the regulation relating to citizenship or nationality is especially governed by the provisions of the Constitution. The Structure of India offers for single residentship for your entire country. The provisions referring to citizenship are contained in Articles 5 to eleven in Part II of the Structure of India. The related legislation is Residentship Act, 1955. The Constitution of India does not enable an individual to have a dual residentship. If a person needs another country's residentship then he has to give up the residentship of India. Article 9 of Indian Structure says that an individual who voluntarily acquires residentship of some other country is now not an Indian citizen. Also, as soon as a person has voluntarily acquired the citizenship of some other country then under the Passport Act, 1967 he/she has to surrender his/her Indian Passport.
Article 5 of the Structure of India states that on the commencement of this Structure, each particular person belonging to the next classes, who has his domicile within the territory of India, shall be a citizen of India:
1. Who was born within the territory of India; or
2. Both of whose mother and father was born within the territory of India; or
3. Who has been ordinarily resident in the territory of India for not less than 5 years immediately preceding such commencement.
Termination of Residentship
1. Renunciation (Section 8 of Citizenship Act, 1955) - When a citizen of India voluntarily renounces his Indian citizenship
2. Termination (Part 9 of Citizenship Act, 1955) - When a citizen of India voluntarily acquires the residentship of every other country
3. Deprivation (Part 10 of Residentship Act, 1955) - a citizen of India could be disadvantaged of the citizenship of India by an order of the Central Government beneath the grounds mentioned in part 10 (2)