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Monday, April 29, 2024

Laws Governing Citizenship in India

Posted in: Immigration Law
Sat, Nov 9, 19, 21:20, 5 Years ago
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Link between a person and the state (Government) It is deemed to have a right to work and live m the country A person with citizenship is called the citizen of the state and one who does not have citizenship is said to stateless.

Definition
Link between a person and the state (Government) It is deemed to have a right to work and live m the country A person with citizenship is called the citizen of the state and one who does not have citizenship is said to stateless.
 

Factors Determining Citizenship:

Parents are citizens-

If one or both parents are citizen of a state, then a person have a right to be a citizen of that state as well A person born outside of the country, one or both of whose parents are the citizens of the country, is also a citizen of the country.

Born within a country
Most people are citizen of the country in Which they are born This form of citizenship is in the common law countries as in England.
 

Marriage to a citizen

Who marries a non-citizen having intention of having not as a man and wife but counties which are destination for immigration restrict such marriage.
 

Naturalization

Countries grant citizenship leave to stay to the people who have entered the country legally or resided there for specific period subject to condition of having knowledge of language or way of life of the host country good conduct and sweanng allegiance to the country and its ruler and renouncing prior citizenship.
 

International Citizenship

It is regarded with rights deriving from citizenship A person associated with citizenship to the International  level is applied to the citizens of their constituent counties Iran Mexico and many Arab counties do not recognize multiple citizenship Individuals are treated either citizens of that country and citizenship of other country has no importance.

Common wealth citizenship Only by belng a citizen of a Commonwealth member of the Commonwealth Nations Some certain rules are-

  1. Some Countries do not require visa of citizen of Commonwealth Countries
  2. Some Commonwealth Countries resident citizens have political rights e g right to vote in election and contest election also
  3. In some C.W.C. right to work in any position except defense, Governor-General or President or Prime Minister.

 

 

European Union Citizenship:

Every member holding nationality of European Union States shall be citizen of the union. It shall be an additional not replace national citizenship .He shall have right to move in order to economic activity.
 

Substantial citizenship:

Where the residents enjoy a special provincial citizenship to participate in the political life of that entity to enjoy benefits provided by the government of that entity. For example United States has federal system Resident citizen of the other state such as New Jersey and California.
 

Citizenship education:

is the most important factor. Schools in some countries provide citizenship education certificate of Secondary Education course as well as teaching knowledge about democracy, parliament, government, the justice system, human rights on that basis the students participate in active citizenship, social action or social enterprises in their local community.

Citizenship is a compulsory subject of the National Curriculum in England and some offer a qualification in this subject and to report students ‘progress in citizenship to parents.
 

Multiple citizenship:

is a status in which a person is regarded as a citizen under the laws of more than one states or countries.

  1. Conditions apply to this citizenship—
  2. At least one parent is citizen
  3. The person was born on the countrys territory
  4. The person marries a citizen
  5. The person becomes naturalized
  6. The person was adopted from another country as a minor and at least one parent adoptive parent is a citizen.
  7. The person makes a substantial monetary investment.


Some countries grant citizenship based on religion. In Israel, Jew having an Oleh's certificate shall become national and allowed to immigrate to Israel.

Algerian nationality law grants citizenship only to the Muslim whose fathers and paternal grandfathers had Muslim personal status.


 

Dual citizenship:

A person having status of citizen of more than one country. In Australia and Egypt dual citizens cannot be elected to Parliament. In the United States, naturalized citizens cannot run for the offices of the President or Vice president but can hold any. other office.
 

Pakistan allows dual citizenship only with 16 countries:

Austria, Belgium, Canada, Egypt, France, Iceland, Ireland, Italy, Jordan, Netherlands, New Zealand, Switzerland, Syria, United Kingdom and U S A.

Europe Union countries, Macedonia, Turkey and Serbia allows dual citizenship.

Switzerland allows dual citizenship subject to the conditions is tough.

Constitution of India does not permit dual citizenship or dual nationality except for minors where the second nationality was involuntarily acquired. According to an amended Citizenship Act regarding overseas citizenship may acquire dual citizenship but cannot have right to vote, run for office, join the army, or take up government post. Moreover, who have acquired citizenship of Pakistan or Bangladesh are not eligible for overseas citizenship.
 

Permanent residency:

USA, Canada, all E.U. countries and Switzerland Australia New Zealand allows foreigners, they can live and work indefinitely subject to condition of no right to vote and consular protection and obligations.

In Iran and North Korea to renouncing their citizenship is impossible, even when naturalizing in a country forbids dual citizenship.
 

Disadvantage of dual citizenship

  1. A person cannot avail public benefits welfare healthcare, retirement funds, job opportunity in the origin country and negative effect on political career and on the assimilation.
  2. Multiple citizenship is viewed as having dual loyalty and contrary to government interest which creates difficulties in getting employment
  3. to obtain security clearance is main problem
  4. In the Middle East (Saudi Arabia and other Muslim countries) Japan, Taiwan and China accept immigrants as temporary guest workers only.
  5. U S A accepts immigrants who obtain citizenship on the condition that they give up all cultural, linguistic or social characteristics that differ from their.
  6. Canada, Australia and many countries in Europe grant immigration to citizenship and equal rights without demand of give up cultural ,linguistic and intermarriage restrictions or pressure to integrate or inter—mix with the mainstream population.

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Raj Banerjee
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