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Start Free TrialCitizenship Act, 1955 Section 9
Title: Termination of Citizenship
State: Central
Year: 1955
(1) Any citizen of India who by naturalisation, registration otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India: Provided that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquires, the citizenship of another country, until the Central Government otherwise directs. (2) If any question arises as to whether, when or how any 1[citizen of India] has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf. _________________________ 1.Substituted by Citizenship Amdt Act, 2003 (6 of 2004) for the word " person".
View Complete Act List Judgments citing this sectionConstitution of India Part 2
Title: Citizenship
State: Central
Year: 1950
.....of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. Article 9 - Persons voluntarily acquiring citizenship of a foreign State not to be citizens No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State. Article 10 - Continuance of the rights of citizenship Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. Article 11 - Parliament to regulate the right of citizenship by law Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
View Complete Act List Judgments citing this sectionCitizenship Act, 1955 Amending Act 1
Title: The Citizenship (Amendment) Act, 2003
State: Central
Year: 1955
.....of that provision. 2. Amendment of section 2.-- In section 2 of the Citizenship Act, 1955(57 of 1955) (hereinafter referred to as the principal Act), in sub-section (1),-- (i) for clauses (b) and (c) and the proviso to clause (c), the following clause shall be substituted, namely:-- '(b) "illegal migrant" means a foreigner who has entered into India-- (i) without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time; (ii) after clause (e), the following clause shall be inserted, namely:-- '(ee) "overseas citizen of India" means a person who-- (i) is of Indian origin being a citizen of a specified country, or (ii) was a citizen of India immediately before becoming a citizen of a specified country, and is registered as an overseas citizen of India by the Central Government under sub-section (1) of section 7A;'; (iii) after clause (g), the following clause shall be inserted,.....
View Complete Act List Judgments citing this sectionCitizenship Act, 1955 Complete Act
Title: Citizenship Act, 1955
State: Central
Year: 1955
..... Section9 - Termination of citizenship Section10 - Deprivation of citizenship Section11 - Commonwealth citizenship [Omitted] Section12 - Power to confer rights of Indian citizen on citizens of certain countries [Omitted] Section13 - Certificate of Citizenship in case of doubt Section14 - Disposal of application under sections 5 , 6 and 7A Section14A - Issue of national identity cards Section15 - Revision Section15A - Review Section16 - Delegation of powers Section17 - Offences Section18 - Power to make rules Section19 - Repeals ScheduleI - THE FIRST SCHEDULE (Omitted) ScheduleII - THE SECOND SCHEDULE ScheduleIII - THE THIRD SCHEDULE ScheduleIV - THE FOURTH SCHEDULE (Omitted) Amending Act1 - The Citizenship (Amendment) Act, 2003 Amending Act2 - CITIZENSHIP (AMENDMENT) ACT, 2005
List Judgments citing this sectionConstitution of India Article 9
Title: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to Be Citizens
State: Central
Year: 1950
No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.
View Complete Act List Judgments citing this sectionCitizenship Act, 1955 Section 6A
Title: Special Provisions as to Citizenship of Persons Covered by the Assam Accord
State: Central
Year: 1955
.....the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-sections (4) and (5), it shall not be necessary for such person to register himself under sub-section (3). Explanation-Where a person required to file a declaration under this sub-section does not have the capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act in his behalf. (7) Nothing in sub-sections (2) to (6) shall apply in relation to any person- (a) who, immediately before the commencement of the Citizenship (Amendment) Act, 1985, for year is a citizen of India; (b) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985, for year under the Foreigners Act, 1946 (31 of 1946). (8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.] ______________________ 1. Inserted by Act 65 of 1985, section 2 w.e.f. 7-12-1985.
View Complete Act List Judgments citing this sectionCitizenship Act, 1955 Section 3
Title: Citizenship by Birth
State: Central
Year: 1955
.....is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or (b) his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.]. ________________________ 1. Section 3 Substituted by Citizenship Amdt Act, 2003 (6 of 2004) for the following: "3. Citizenship by birth. - (1) Except as provided in sub-section (2), every person born in India,- (b) on or after such commencement and either of whose parents is a citizen of India at the time of his birth. shall be a citizen of India by birth.. (2) A person shall not be such a citizen by virtue of this section if at the time of his birth- (a) his father possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and is not a citizen of India; or (b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy. "
View Complete Act List Judgments citing this sectionCitizenship Act, 1955 Section 5
Title: Citizenship by Registration
State: Central
Year: 1955
.....justifying such registration, cause any minor to be registered as a citizen of India. (5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. 2[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.]. _____________________ 1.Sub-sec 1 substituted by Citizenship Amdt Act, 2003 (6 of 2004). 2.Inserted by Citizenship Amdt Act, 2003 (6 of 2004). 3.Substituted by Citizenship Amdt Act, 2003 (6 of 2004) for the words "two years"
View Complete Act List Judgments citing this sectionCitizenship Act, 1955 Section 8
Title: Renunciation of Citizenship
State: Central
Year: 1955
..... (2) Where 1[a person] ceases to be a citizen of India under sub-section (1) every minor child of that person shall thereupon cease to be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration 3[ in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India. 4[***] ______________________ 1. Substituted by Act 39 of 1992, section 3, for "a male person" w.e.f. 10-12-1987. 2.Omitted by Citizenship Amdt Act, 2003 (6 of 2004) for the words " who is also a citizen or national of another country". 3.Inserted by Citizenship Amdt Act, 2003 (6 of 2004). 4.Sub-Section 3 Omitted by Citizenship Amdt Act, 2003 (6 of 2004) for the following: "(3) For the purposes of this section, any woman who is, or has been, married shall be deemed to be of full age."
View Complete Act List Judgments citing this sectionCitizenship Act, 1955 Amending Act 2
Title: Citizenship (Amendment) Act, 2005
State: Central
Year: 1955
.....India by the Central Government under section 7A;'; (ii) clause (gg) shall be omitted. 3. Amendment of section 5 In section 5 of the principal Act, in sub-section (1), in clause (g), for the words "two years", the words "one year" shall be substituted. 4. Substitution of new section for section 7A For section 7A of the principal Act, the following section shall be substituted, namely:- "7A. Registration of overseas citizens of India.-The Central Government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas citizen of India- (a) any person of full age and capacity,- (i) who is citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the Constitution; or (ii) who is citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or (iii) who is citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or (iv) who is a child or a grand-child of such a citizen; or (b) a person, who is a minor child of a.....
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