Talk:Indian nationality law/Archive 1

Archive 1

Disputed NPOV and Uncited information

This seems not to be an NPOV article because it's uncited opinion on how one person wants the law to be interpreted. For example, please cite the following information: "Again, this rule applies even if the foreign passport was obtained for the child by his or her parents, and even if possession of such a passport is required by the laws of a foreign country which considers the child to be one of its citizens (e.g., a U.S.-born child of Indian parents who is automatically deemed to be a U.S. citizen according to U.S. law, and who is therefore required by U.S. law to have a U.S. passport in order to travel abroad)." A legal citizen of a nation loses their citizenship if they comply with the laws of another nation? Surely the Indian government is not so inept as to allow this to be how the law works? Arch7 (talk) 08:11, 25 January 2008 (UTC)

NPOV Status

I disagree about the NPOV status and a slant towards British nationality law. Nationality laws are primarily concerned with one's membership in one nation as opposed to others. Since India, in the relatively recent past (at least generationally), was part of the British Empire, obviously and necessarily issues regarding British citizenship would be important in a practical and a intellectual sense. One can look at the history of United States of America after independence and how the British Navy treated naturalized American citizens formerly British subjects. Nationality laws in Hong Kong, Canada, Australia, etceteras are also obviously and necessarily going to touch on British Nationality Law. I do not agree that the section is not neutral, I do agree it does not have the formal tone of an encyclopedia. It would not be neutral if it didn't discuss these issues, and simply gave the governments' of UK and India respective views and policies. Those must also be given, but not looking broadly at all aspects of the issue from a neutral perspective is not encyclopaedic. It's like discussing the Iraq War only from the current American government's point of view. That's hardly neutral. Certainly the article needs to be cleaned up as a whole, whilst retaining all the great information provided and also a more formal tone would be preferred.

I think this article is about Indian nationatilty law and not British citizenship. As it is this article is very heavily weighted towards loss of British citizenship. Finally the section on "Unexamined issues in the current debates, dialogues, and narratives of Indian citizenship" doesn't belong in an encyclopaedia. The issues need to be discussed but this section is too POV right now.--82.60.40.15 13:52, 24 May 2006 (UTC)

If that is so, please enlighten me what the position is as you see it? (even if wholly dependent on that link, I am not clear how you read that page)

Automatic loss of British subject status makes the position pretty clear!

I think you have confused legislation and enacted law or legislation that enters into force as law. This is important because law is only effective after it has been enacted. A person could be a British Subject prior to 1981, and in fact, no one is entitled to a British passport except--let me quote a wikipedia article,

"No British national has a legal right to be issued a British passport, except for British Nationals (Overseas) who have an entitlement to hold a British passport under article 4(2) of the Hong Kong (British Nationality) Order 1986. All other British passports are therefore issued at the discretion of the Home Secretary under the Royal Prerogative, with the exception of those held by British Nationals (Overseas)."

So even British citizens are not entitled to British passports. And also, regardless of British Nationality Act, 1981, a British Subject could prior to 1 January 1983 (when the act came into force) with Indian Citizenship could apply for a British passport as a British Subject. Furthermore, British Nationality Act, 1981 states,

"35 Circumstances in which British subjects are to lose that status

A person who under this Act is a British subject otherwise than by virtue of section 31 shall cease to be such a subject if, in whatever circumstances and whether under this Act or otherwise, he acquires any other citizenship or nationality whatever."

It does not state that if one acquires a foreign passport that person shall cease to be a subject. Please provide information as to where British law definitively uses the acquisition of a passport as evidence of acquisition of foreign citizenship or nationality.

Furthermore, a person may receive a foreign passport, ie. an Indian passport, and held British Subject status prior to the commencement of Indian nationality. "Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of operation of the relevant provisions of the Indian Constitition coming into force (the majority of the constitutional provisions came into force on 26 January 1950)." These people did not acquire foreign (Indian) citizenship while British subjects. They have foreign (Indian) citizenship by automatic operation of different laws of a sovereign nation (India). The British Nationals--the British Subjects--could claim that they should not lose their British nationality because otherwise any nation could claim the nationality of a British national. For example, the French could claim all British Subjects from Channel Islands as French nationals. Would they lose British nationality simply by a French declaration?

This can be and is a very contentious issue. Recall that one of the issues that led to the War of 1815 between Great Britain and the United States of America. In the late 1700s and early 1800s, particularly after the American Revolution and French Revolution, the Royal Navy aggressively reclaimed British deserters on board ships of other nations, both by halting and searching merchant ships, and in many cases, by searching American port cities. The Royal Navy did not recognize naturalized American citizenship, treating anyone born a British subject as "British" — as a result, the Royal Navy impressed over 6,000 sailors during the early 1800s who were claimed as American citizens as well as British subjects. This was one of several factors leading to the War of 1812 in North America. Also recall the plight of ethnic Indians in post-colonial East Africa and their British nationality, or British nationals from Hong Kong.

Immigration & Nationality Directorate of the Home Office states,

"Loss of British subject status

8. If you are a British subject, and you get any other citizenship or nationality after [italicized for emphasis] 1 January 1983, you will no longer be a British subject unless you used to be a citizen of Eire and have made a claim to remain a British subject under section 2 of the British Nationality Act 1948 (see paragraph 2) or under the 1981 Act (see paragraph 3)."

So presumably if you get any other citizenship or nationality before January 1983 than you may still be able to claim status as a British subject after January 1983. (With the caveat, that the above info was given: The law covering British subject status is in the British Nationality Act 1981 and the Regulations made under it. The information given here is only a brief guide to the law and the Home Secretary's policy. It is not a complete statement of either the law or policy.)

If rule 3 is in effect, then why is it missing from 1956 Citizenship Rules? At least, it is missing on the Indian government's current pdf of the rules.

"The Citizenship Rules, 1956

(As amended upto 20-4-2000)

The Citizenship Rules, 19561

In exercise of the powers conferred by section 18 of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby makes the following rules namely: -

...

PART V SUPPLEMENTAL

...

30. Authority to determine acquisition of citizenship of another country. –(1) If any question arises as to whether, when or how any person had acquired the citizenship of another country, the authority to determine such question shall, for the purpose of section 9(2), is the Central Government. (2) The Central Government shall in determining any such question have due regard to the rules of evidence specified in Schedule III.

...

SCHEDULE III

[See rule 30(2)]

1. Where it appears to the Central Government that a citizen of India has voluntarily acquired the citizenship of any other country, it may require him to prove within such period as may be fixed by it in this behalf, that he has not voluntarily acquired the Citizenship of that country; and the burden of proving that he has not so acquired such citizenship shall be on him.

2. For the purpose of determining any question relating to the acquisition of an Indian citizen or the citizenship of any other country, the Central Government may make such reference as it thinks fit in respect of that question or of any matter relating thereto, to its Embassy in that country or to the Government of that country and act on any report or information received in pursuance of such reference.

3. A. Where a person, who has become an Indian Citizen by virtue of the Goa, Daman and Diu (Citizenship) Order, 1962, or the Dadra and Nagar Haveli (Citizenship) Order 1962, issued under section 7 of the Citizenship Act, 1955 (57 of 1955) holds a passport issued by the Government of any other country, the fact that he has not surrendered the said passport on or before the 19th January, 1963 shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date."

Clearly, Rule 3 as described in the article is missing from the Schedule and the Schedule is "amended upto 20-4-2000". ("The acquisition of another country's passport is also deemed under the Citizenship Rules, 1956 to be voluntary acquisition of another country’s nationality. Rule 3 of Schedule III of the Citizenship Rules, 1956 states that "the fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date". It does not matter that a person continues to hold an Indian passport. Persons who acquire another citizenship lose Indian citizenship with from the date on which they acquire that citizenship or another country's passport.")

By this token, having a foreign passport does not mean the Central Government can use that to judge as evidence of voluntarily acquiring foreign citizenship and therefore deprive Indian citizens of their right to citizenship.

The fact that "their are numerous court judgements referring to it [sic]" does not mean that the law has not been amended to repeal Rule 3. Numerous American court judgments refer to the legal status of slavery. However, today in the U.S. slavery is legally abolished.

So it is important and useful information to know at what period rule 3 was in effect, if it ever was in effect. So the below writer is correct in bringing the issue up.

You have confused what is meant by ther term "British subject", which is very clearly defined in the British Nationality Act 1981. Only British subjects without citizenship are entitled to a British passport because the acquisition of a foreign passport will result in a British subject (under the British Nationality Act 1981) losing British subject status. See the British Nationality Act 1981 which states that "A person who under this Act is a British subject otherwise than by virtue of a connection as a former citizens of Eire shall cease to be such a subject if, in whatever circumstances and whether under this Act or otherwise, he acquires any other citizenship or nationality whatever." This provision only applies to British subjects and British protected persons. It does not apply to British citizens, British Overseas Territories citizens, British Overseas citizens or British Nationals (Overseas).

Lastly, Rule 3 of Schedule 3 of the 1956 Citizenship Rules is still in effect. It has never been repealed and their are numerous court judgements referring to it.

"Only a British subject without citizenship was entitled to a British passport." Please clarify the source for this. As I understand British Subjects with foreign citizenships could still hold a passport that specifically classified them as a British Subject still subject to immigration and visa controls to enter the U.K. They will have a British passport without the endorsement of right of abode. They do not have a legal right to a passport but are issued one at the discretion of the Home Secretary under the Royal Prerogative. And, this is actually true for almost all British nationals including British Citizens.

It should be cleared up during which time that rule 3 of Schedule 3 of the 1956 Citizenship Rules was in effect.

request guidence A.S.A.P thankyou very much for the e mail that one of u have sent me it was really nice and was very encouraging to know there is some one to help me out. well what i need to tell u is that i was born on 13/12/1980 in mumbai and i do have an indian birth certificate . but i want to know that my father was born in nepal but has now been staying in india for the past 36 years in one same building working and living there. has got bank passbook proving his existence in mumbai for the past 24 years and thathe has also got a letter from the society stating that he has been living there and working since the past 36 years has got voting rights the proof of that is the verfication receipt from the election commision as well we have got rationing card which proves our residence for the past 11 years . i want to know how can he get a nationality certifiacte . i want this because i want to apply for a passport the local police station has rejected my application stating that my father is from nepal allthough i m born and brought up in india he is stating that i m not an indian and m a nepali. sir i have also got a pan card. and would like to apply for a passport because i m applying for a scholarship to study abroad as i m a b.sc graduate . i have been harased a lot and i dont know what i should do now as my application has been rejected for the 2 time beacuse of my nationality issue. there is no one to help me as my dad is illeterate . even the passport people are saying that i can apply for a passport but they are helpless as they can issue one only after they get a police clearence the police report states that i havee no criminal frecord but the passport cannot be issued to me because of my nationality. sir i had taken a print out of the nationality law from the website on home ministry which clearly states that i m an indian citizen as well from the welkpedia website but he is not ready to accept that. kindly guide me through as to whome should i meet and how i should go about getting a nationality certificate for my dad and for my self. waiting for an early reply please mail me where i need to apply and how i need to do that and how long does it take kindly reply on my e mail id is gagangsingh@yahoo.co.in

PIO/OCI Articles

There's already a seperate Person of Indian Origin Card and Overseas Citizen of India Article. I guess all the corresponding parts of this arcticle should be sourced out to the specialised article. Especially since this article is already quite long... 84.57.68.48 22:12, 9 January 2007 (UTC)

Loss of consular protection for OCI

The article claims that a person with OCI will lose consular protection of the country whose passport he holds while in India. I don't think this is factually correct. By granting OCI, India recognizes that the other country of citizenship is primary by stamping a visa in that country's passport. Indeed, the OCI holder is actually required to use the consular services of the other country - he must keep his passport valid and renew it from time to time. Has India ever claimed that OCI holders would lose consular protection? I know of no case in which they have. I believe that statement in the article should be removed. —The preceding unsigned comment was added by 24.6.191.61 (talk) 04:53, 17 February 2007 (UTC).

I edited this section to remove the unsubstantiated claim that a person with OCI will lose consular protection of the country whose passport he holds while in India.

Although the Government of India apparently does not allow an Indian citizen to have dual nationality and so considers anyone with a British passport British, it seems the UK Government still may regard any British national with an Overseas Citizen of India (OCI) card as a dual national and so may not necessarily afford them consular protection in India. The category / term "Overseas Citizen of India" is itself confusing as it doesn't mean that the person is considered to be a citizen of India by the Government of India. Chris Fynn (talk) 20:25, 20 February 2015 (UTC)

Outline change

I took the freedom to re-structure the outline a bit... no change in content, just regrouped the items so that it is not just a list of headings.88.65.107.191 17:14, 24 April 2007 (UTC)

Changes of "Clashes with other citizenship laws"

I feel the current text tries to be very generic, but this means that it is a bit difficult to understand the problem which is created: Certain children cannot permanently have the indian citizenship even though they should be able to because there are inconsitencies between the laws of different nations. Of course it is not possible to make the laws of all countries consistent with each other (it seems it is not possible to make the laws within ONE country consistent...), so the regulations should be more lenient for these few people who are in this very special situation. At least that's what i think. Back to the article: I tried to add some concrete examples in the text, but i feel i just made it more clumsy... If somebody wants to re-write it, maybe it would be better to concentrate on some concrete situations (e.g. the one in the US), and not try to make it overly generic.194.138.39.59 14:46, 15 May 2007 (UTC)

The complete Law

I searched the net up and down to find a complete edition of the citizenship act and citizenship rules, including the amendments. It seems something like this is not available, only fragments or just the amendments. The closest i came about are the following items:

The Law up to the amendment of 2003: [1]

Together with the amendment of 2005 this gives the complete law (note that this amendment is mainly cosmetic, for all practical purposes the above pdf will do). Then i found the following issues of the gazette of Pondicherry, publishing changes in the citizenship rules: [2] [3] These links also include prescribed forms and fees.

Right now the article links to fragments of the law from all kinds of sites, maybe this could be somehow consolidated (e.g. with the above links). Maybe i'll write a extra article about the citizenship rules someday. 84.57.89.116 21:50, 20 July 2007 (UTC) I do not see any of changes made by 24th Feb, 2009 amendments. — Preceding unsigned comment added by Jivrajm (talk • contribs) 18:20, 23 July 2011 (UTC)

Jammu and Kashmir

Since (as I understand) the status of Jammu and Kashmir is in dispute, I could easily imagine a theoretical possibility that there could be a tug-of-war over the citizenship status of the residents of this area — i.e., a situation where both India and Pakistan might be claiming some or all JK residents as citizens, each country taking its position without regard for the citizenship laws or policies of the other country (e.g., despite India's firm refusal to tolerate dual citizenship). Does any such conflict in fact exist? Does the plausibility of this question justify the inclusion of any material on the status of JK, even if only to explain that there isn't any conflict? Richwales 15:38, 16 August 2007 (UTC)

How a citizen of India can Renunciate his Indian citizenship.

How a citizen of India can Renunciate his Indian citizenship voluntarily? Is it possible? —Preceding unsigned comment added by Rnarendr (talk • contribs) 13:09, 26 November 2008 (UTC)

Info on OCI (Overseas Citizenship of India) = a lifelong Visa to India with workpermit and unlimited stay

As India does not still allow real DUAL CITIZENSHIP, the OCI (Overseas Citizenship of India) scheme was floated after intense lobbying of peoples who had roots in India but were now US citizens in USA. OCI booklet though looks like a Passport is really just a ID Card, OCI is in fact a lifelong multiple Visa to be stamped in a Persons's foreign country Passport. OCI Visa holders can stay in India as long as they want and can work there without any Indian work permit. They have rights on parity with NRIs (NRI=who are Indian passsport holders working abroad). OCIs can not vote, hold government posts or aquire agricultural land but can buy other properties including homes in India. There is "no" Oath of alligiance to India so it does not threaten a person's foreign citizenship in any way(Atleast in USA & Canada but check for Britain as may be different), OCI is in fact just a lifelong Visa to India. Most number of people who have become OCI card holders are USA citizens who in the first place lobbyed to Government of India to bring in effect OCI scheme.

USA Government website:

"SPECIAL CIRCUMSTANCES: Dual Nationality : In 2006, India launched the "Overseas Citizens of India" (OCI) program, which has often been mischaracterized as a dual nationality program, as it does not grant Indian citizenship. Thus, an American who obtains an OCI card is not a citizen of India and remains a citizen of the United States. An OCI card in reality is similar to a U.S. "green card" in that a holder can travel to and from India indefinitely, work in India, study in India, and own property in India (except for certain agricultural and plantation properties). An OCI holder, however, does not receive an Indian passport, cannot vote in Indian elections and is not eligible for Indian government employment. The OCI program is similar to the Persons of Indian Origin (PIO) card introduced by the Indian government several years ago, except that PIO holders must still register with Indian immigration authorities, and PIO cards are not issued for an indefinite period. American citizens of Indian descent can apply for PIO or OCI cards at the Indian Embassy in Washington, or at the Indian Consulates in Chicago, New York, San Francisco and Houston. Inside India, American citizens can apply at the nearest FRRO office (please see “Entry/Exit Requirements” section above for more information on the FRRO). For more information on the OCI program, please see http://mha.nic.in/uniquepage.asp?Id_Pk=551."

SOURCE: India: Country Specific Information; Travel.state.gov (Bureau of Consular Affairs); US Department of State http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html

NEWS

OCI cardholders are hot for Indian assignments; 43% of the OCI cards were issued through Indian consulates in the US and 13% in the UK. 15 Nov 2009, 1950 hrs IST, Ishani Duttagupta, ET Bureau; Economic Times, India Note Articlt has 2 pages, click on 2 at the end of page. http://economictimes.indiatimes.com/News/News-By-Industry/Services/Travel/Visa-Power/OCI-cardholders-are-hot-for-Indian-assignments/articleshow/5231433.cms

Growing demand among NRIs to become overseas citizens of India 24 Mar 2009, IANS; The Economic Times, India http://economictimes.indiatimes.com/News/News-By-Industry/Services/Travel/Visa-Power/Growing-demand-among-NRIs-to-become-overseas-citizens-of-India/articleshow/4309902.cms

Becoming a US citizen does not affect Indian pension September 13, 2006; Rediff.com India Abroad http://www.rediff.com/money/2006/sep/13shanbhag.htm

Dual Citizenship Act silent on Indian pensions August 30, 2006; Rediff.com India Abroad http://ia.rediff.com/money/2006/aug/30shanbhag.htm

NRIs can buy life insurance policy in India September 05, 2006; Rediff.com India Abroad http://ia.rediff.com/money/2006/sep/05shanbhag.htm

More benefits for OCI card holders IANS 7 January 2007; Times of India http://timesofindia.indiatimes.com/articleshow/1084342.cms

OCI cardholders can practise in India now BS Reporter / Chennai January 09, 2009; Business Standard, India http://www.business-standard.com/india/news/oci-cardholders-can-practise-in-india-now/345700/ Rediff.com India abroad http://in.rediff.com/news/2009/jan/08pbd-text-of-pms-statement-at-pbd-in-chennai.htm http://www.rediff.com/money/2009/jan/09pbd-oci-cardholders-can-now-practise-in-india.htm http://sify.com/news/oci-card-holders-can-work-in-india-manmohan-news-chennai-jeguzMciihi.html PM at inaugural session of Pravasi Bharatiya Divas 2009 Video (Person of Indian Origin Day India) http://specials.rediff.com/news/2009/jan/08slide1-pm-inaguarates-pbd-in-chennai.htm

Overseas citizen: a horse with no name Abhinav Chandrachud; Apr 15, 2009; The Hindu - Online edition of India's National Newspaper http://www.thehindu.com/2009/04/15/stories/2009041555831000.htm

'Brain gain' for India http://www.telegraphindia.com/1091019/jsp/frontpage/story_11630586.jsp http://www.guardian.co.uk/world/2008/apr/20/india.globaleconomy

Government of India websites

What is the basic difference between an NRI/PIO/PIO Card Holder and an OCI? Overseas Indian Facilitation Centre, a not for profit public private initiative of Ministry of Overseas Indian Affairs (MOIA) and Confederation of Indian Industry (CII), was launched on 28th May 2007 http://www.oifc.in/faqs.asp Official Government of India portal http://india.gov.in/outerwin.php?id=http://www.oifc.in/ http://india.gov.in/overseas/diaspora/nri.php

PIO (Persons of Indian Origin) & OCI (Overseas Citizenship of India) Embassy of India, Washington DC, USA http://www.indianembassy.org/newsite/ocipio.asp Consulate general of India Toronto Canada http://www.cgitoronto.ca/ovrseasreg/ovrseasregfaqoci.htm

Diaspora Services: Overseas Citizenship of India Scheme; The Ministry of Overseas Indian Affairs (MOIA), Government of India website http://www.moia.gov.in/services.aspx?id1=35&id=m3&idp=35&mainid=23

Overseas Citizenship of India (OCI); Ministry of Home Affairs, Government of India website http://mha.nic.in/uniquepage.asp?Id_Pk=553

What is the basic difference between an NRI/PIO/PIO Card Holder and an OCI? Overseas Indian Facilitation Centre, a not for profit public private initiative of Ministry of Overseas Indian Affairs (MOIA) and Confederation of Indian Industry (CII), was launched on 28th May 2007 http://www.oifc.in/faqs.asp

NRI Tax Information; Rediff.com - India abroad

Warning: Rules change every year, some articles may be too old, use as guide only and research current information

It is illegal for NRIs to hold normal bank accounts in India; Also How to apply for PAN (Permanent Account Number)? November 22, 2007; Rediff.com - India abroad http://inhome.rediff.com/money/2007/nov/22shanbhag.htm

What are the different tax benefits available to NRIs? 28 May 2009 ; Rediff.com - India abroad

What are the different tax benefits available to NRIs?

   * Bank deposits investment in shares, units of mutual funds, etc. are exempt from wealth tax in India
   * Interest earned on NRE and FCNR accounts is completely tax-free
   * Gift tax has been abolished for all types of gifts from the 1st October 1998

However, gifts received on the occasion of marriage or from relative or under will or inheritance would not be subject to tax. http://business.rediff.com/slide-show/2009/may/28/slide-show-6-investment-options-in-india-for-nris.htm

On Indian income, tax-free limit for NRIs is Rs 150,000 June 17, 2008; Rediff.com - India abroad http://getahead.rediff.com/money/2008/jun/17shanbhag.htm

Of NRIs and tax returns August 25, 2009; Rediff.com - India abroad http://business.rediff.com/report/2009/aug/25/perfin-of-nris-and-tax-returns.htm

How tax liability goes up for NRIs above 65 January 14, 2008; Rediff.com - India abroad http://getahead.rediff.com/money/2008/jan/14tax.htm

NRIs: Buying a home in India made easy November 17, 2006; Rediff.com - India abroad http://www.rediff.com/money/2006/nov/17nri.htm

NRIs' rental income is repatriable May 31, 2007; Rediff.com - India abroad http://getahead.rediff.com/money/2007/may/31shanbhag.htm

Can Indians claim tax exemption on medical expenses? May 26, 2008; Rediff.com - India abroad http://cricket.rediff.com/getahead/2008/may/26trans.htm

Motherland calling: NRI investments in India August 07, 2009; Rediff.com - India abroad http://business.rediff.com/report/2009/aug/07/perfin-nri-investments-in-india.htm

Money tips for NRIs returning to India June 19, 2009; Rediff.com - India abroad http://business.rediff.com/report/2009/jun/19/perfin-money-tips-for-nris-returning-to-india.htm

No tax on gifts from close relatives; Returning to India July 27, 2007; Rediff.com - India abroad http://www.rediff.com/money/2007/jul/27shanbhag.htm

401(K) receipts tax free in India for RNORs September 14, 2006; Rediff.com - India abroad http://getahead.rediff.com/money/2006/sep/14shanbhag.htm

10 rules for multiplying personal wealth July 09, 2009; Rediff.com - India abroad http://business.rediff.com/report/2009/jul/09/perfin-10-rules-for-multiplying-personal-wealth.htm

Jail for children who abandon parents Special Correspondent; Dec 07, 2007; The Hindu, Online edition of India's National Newspaper http://www.hinduonnet.com/2007/12/07/stories/2007120754111500.htm

mrigthrishna (talk) 00:35, 22 November 2009 (UTC)

Constitution of india does not permit dual citizenship

why it is being added.its deceiving the public http://en.wikipedia.org/wiki/Indian_nationality_law#Overseas_Citizenship_of_India

it states The Constitution of India permits dual citizenship or dual nationality, especially for minors where the second nationality was involuntarily acquired

but i found nowhere in the constitution about granting dual citizenship http://www.immihe lp.com/nri/dual.html

plz remove the line stating it allows dual citizen and soon to be voting rights. manchurian candidate 04:34, 19 July 2010 (UTC)

It was changed by a vandal (diff) and has now been fixed. Thank you for the notification. --Joshua Issac (talk) 16:56, 1 September 2010 (UTC)

invalid links

The link at top of the page - Citizenship (Amendment) Act 2003 is broken- the files doesn't exist anymore and I couldn't find a valid source for that. Also - I am not sure of the reliability of the sources for the act itself or the 2005 amendment (both in the opening paragraph. perhaps the official governmental site (http://indiacode.nic.in/coiweb/welcome.html) would be the best source for those. — Preceding unsigned comment added by Guygoldman (talk • contribs) 13:42, 5 February 2011 (UTC)

Does the President of India Require Passport to go to other Nation

Does the President of India Require Passport to go to other Nation — Preceding unsigned comment added by 49.203.97.15 (talk) 22:22, 14 August 2011 (UTC)

Indian nationality questions

Sir/Madam , I was born in Naini Tal , India in 1942 , British father Part Indian Mother. At present I hold an Australian Passport. Am I able to apply for an Indian passport? Thank You,Peter 12.0.212.194 (talk) 05:45, 27 November 2013 (UTC) -

Whatever your eligibility might be (and I don't know), you certainly can't hold an Indian Passport / Citizenship at the same time as an Australian Passport as India does not allow dual nationality. If you have some proof of your mother's Indian nationality you may be entitled to a PIO or OCI card which should make it much easier to visit / stay in India. You'd need to talk to the Indian High Commission or Deputy High Commission in Australia about this.

Needs updating

This article (and links) need updating following the Person of Indian Origin Card (PIO Card) Amendment Scheme, 2014. and the merger of the Person of Indian Origin (PIO) and the Overseas Citizen of India (OCI) categories (see: [4], [5], [6]). There still seems to be a lot of outdated information on the web - including on many official Government of India websites. Any information or sources prior to January 2015 may now be outdated.

Chris Fynn (talk) 18:06, 20 February 2015 (UTC)

PIO section needs to be updated

Like Chris mentioned above

As of 9 January 2015, the PIO card scheme has been discontinued and applicants are to apply for OCI only. All currently held PIO cards are treated as OCI cards. PIO card holders will get a special stamp in their existing PIO card, saying "lifelong validity" thus making them equal to existing OCI cards.

The above line is not true since the start of 2018. Having gone through the process, the PIO card will become invalid by March 2020 as per the Notices at the Regional Centres. All PIO holders have to make an application and get a fresh OCI booklet issued. — Preceding unsigned comment added by Travick9 (talk • contribs) 13:07, 7 November 2019 (UTC)

 Done. Updated the information. -- Kautilya3 (talk) 18:17, 7 November 2019 (UTC)

External links modified

Hello fellow Wikipedians,

I have just added archive links to 2 external links on Indian nationality law. Please take a moment to review my edit. If necessary, add {{cbignore}} after the link to keep me from modifying it. Alternatively, you can add {{nobots|deny=InternetArchiveBot}} to keep me off the page altogether. I made the following changes:

• Added archive https://web.archive.org/20051017163145/http://www.publications.parliament.uk:80/pa/ld199900/ldhansrd/pdvn/lds05/text/50706w02.htm to http://www.publications.parliament.uk/pa/ld199900/ldhansrd/pdvn/lds05/text/50706w02.htm
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GA Review

This review is transcluded from Talk:Indian nationality law/GA1. The edit link for this section can be used to add comments to the review.

Reviewer: Mujinga (talk · contribs) 18:58, 8 January 2022 (UTC)

Overview

I'll take this on for review as part of the Wikipedia:WikiProject_Good_articles/GAN_Backlog_Drives/January_2022. Should have comments soon. Mujinga (talk) 18:58, 8 January 2022 (UTC)

I was about to review, when I saw you already reserved this. No problem. Will include as secondary feedback the following:

• Sections names might be clearer with inclusion of years in them
  • The problem with this is that there's no definitive year to begin with. While substantive Company rule in India is regarded as having started in 1757, it's not clear when English/British nationality regulations became relevant in India since the Company had settlements beginning in 1600. I'm also not keen on this because the last section ends with "–present". Years in sections seems to work better when an article has a defined time period to cover. Horserice (talk) 09:49, 12 January 2022 (UTC)
• I believe that #Legislative responses to migration would be better off underneath #Acquisition and loss of citizenship given the scope, and also duplication of restrictions.
  • The content in "Post-independence policies" details the history and evolution of policies that led up to current regulations while the text in "Acquisition and loss of citizenship" exclusively covers current rules. There is some duplication of content because some of that is required to give appropriate context when covering the history of those regulations. All of that to say, I don't think they should be combined or the current rules will be too mixed in with history that a reader doesn't need if they just want to get to the rules. Horserice (talk) 05:16, 10 January 2022 (UTC)
• For the breadth requirement, I believe it's completely missing a section on Stateless people in India. Some ideas may be found at Statelessness#South_Asia. Happy editing and reviewing! ~ 🦝 Shushugah (he/him • talk) 20:05, 8 January 2022 (UTC)
  • OK @Shushugah:! Cheers for the comments Mujinga (talk) 22:37, 8 January 2022 (UTC)
• This is a well-written article on a complicated topic. Please check Shushugah's comments above and my comments below. I'd like to have a look at the structure tomorrow with fresh eyes as well, but happy to give comments on that and the lead on a second round so for now can put the review onhold and wait for responses. Mujinga (talk) 23:18, 8 January 2022 (UTC)
  • Hiya just popped in to see how things are going and made some replies. You said you wanted to look into the clarification and there's the question from Shushugah above about statelessness, so I'll leave it to you to answer before then making comments about the lead. Cheers, Mujinga (talk) 18:04, 10 January 2022 (UTC)
    • Added coverage on statelessness in expanded content and clarification tag is resolved. Horserice (talk) 09:49, 12 January 2022 (UTC)
      • Great work on the article, we are pretty much there now. I made some copyedits on the Sikkim section, please see what you think and I had a question about "unlanded residents". Did you mean to say that? I can AGF if you did. For the lead, I put it into paragraphs, again see what you think. Mujinga (talk) 12:00, 12 January 2022 (UTC)
        • I did, but I just changed the phrasing instead this time. The copyedit and lead changes are okay with me. Horserice (talk) 18:09, 12 January 2022 (UTC)
          • OK all there then and nice one on sorting the verification issue quickly. Congrats on the good article! Mujinga (talk) 20:39, 12 January 2022 (UTC)

Good Article review progress box Criteria: 1a. prose () 1b. MoS () 2a. ref layout () 2b. cites WP:RS () 2c. no WP:OR () 2d. no WP:CV () 3a. broadness () 3b. focus () 4. neutral () 5. stable () 6a. free or tagged images () 6b. pics relevant () Note: this represents where the article stands relative to the Good Article criteria. Criteria marked are unassessed

Copyvio check

• earwig throws up no probs

Pictures

• Infobox pic is licensed ok
• A chance to add other photos? I'm blanking a bit on what they could be though.
  • I also could not find anything in Commons to put into this article. Horserice (talk) 05:16, 10 January 2022 (UTC)
    • thanks for checking! Mujinga (talk) 17:58, 10 January 2022 (UTC)

Infobox

• ok

Lead

• Since "The Citizenship Act, 1955" redirects here, it can also be bolded
• I'll come back here after reading the article

Terminology

• what is a juridical person? source says "juristic persons" which also is confusing for me
  • Yes, this can be pretty weird, bear with me here. A juridical/juristic/legal person is would be any entity that could be regarded in law as being able to collectively act as a "person", separately from the individual persons making up that entity. The Crown or the Holy See would be examples, as well as corporations in India. This is contrasted with a natural person, a single human person. See corporate personhood. Horserice (talk) 05:16, 10 January 2022 (UTC)
    • i see yes i was wondering if that's what you meant. since the source uses a similar phrase i guess that works Mujinga (talk) 17:59, 10 January 2022 (UTC)

Company administration

• ok

Direct imperial rule

• "A subject who locally naturalised in Bengal" suggest "For example, a subject who locally naturalised in Bengal"
  • sorry i meant "For example, a subject who was locally naturalised in Bengal" or "For example, a subject locally naturalised in Bengal" Mujinga (talk) 10:01, 9 January 2022 (UTC)
    • Done.

Unequal status

• ok

Partition and transition

• "Commonwealth citizen is defined in this Act to have the same meaning." suggest "A Commonwealth citizen was defined in the Act in the same way" or similar
  • Done.

Republic and a national citizenship

• ok

Territorial acquisitions

• Please deal with "clarification needed" tag
  • Addressed one, researching other one.
    • Done.

Commonwealth citizenship

• ok

Legislative responses to migration

• ok

Acquisition and loss of citizenship

• "All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth regardless of the nationalities of their parents. From 1 July 1987 until 3 December 2004, children born in the country received Indian citizenship by birth if at least one parent was a citizen. Since then, citizenship by birth is granted only if both parents are Indian citizens, or if one parent is a citizen and the other is not considered an illegal migrant.[59][60]" - I'm a bit confused on what the sources are being used for here. For example, Revue d’Etudes Tibétaines says "Born between July 1, 1987 and the commencement of the Citizenship (Amendment) Act, 2003 with at least one parent who is a citizen of India at the time of his/her birth" so that's different to your "From 1 July 1987". And I don't see what the other source is doing.
  • Updated citation.
• do you mean to say "are minor children of Indian citizens" ? - for me it's normal to say minors or children, but not both
  • I specifically wrote "minor children" here to specify that I'm referring to children under 18.
    • yes that's the thing; for me, a minor is a child under 18, or a child under 18 is a minor, so saying child and minor togetehr is weird to me (I write in Br Eng so that might explain it the confusion?) Mujinga (talk) 10:02, 9 January 2022 (UTC)
      • Okay let's use this sentence in the article as an example: "Minor children of a person who gave up citizenship also cease to be citizens." How would you phrase this? Would you drop "minor" and just say "Children of a person who..."? Then that would imply that adult children of Indian citizens who relinquish citizenship also lose citizenship, because the word "children" does not exclusively describe minors. Horserice (talk) 05:05, 10 January 2022 (UTC)
        • I see, thanks for the example. I would phrase it as "Children of a person who gave up citizenship who were still minors also cease to be citizens." or perhaps "When people gave up citizenship their children would also cease to be citizens if they were under 18." To put it another way if you can point me to sources uses this phraseology then fine, otherwise i'd say it's better to change it since for me at least it's quite jarring to read "minor children" Mujinga (talk) 18:02, 10 January 2022 (UTC)
          • Okay here are academic examples in medicine, sociology, and law:

Minor Children of Palliative Patients: A Systematic Review of Psychosocial Family Interventions

Parents in Prison and Their Minor Children: Comparisons Between State and National Estimates

Effect of Naturalization Abroad of American Citizens on their Minor Children Born in the United States.

And a few news articles:

Parents Upheld On Committing Minor Children, The New York Times

A Startling Decision; Minor Children of Naturalized Parents Not Citizens, The New York Times

Supreme Court directs free education to minor children of rape victim, The Hindu

An exact search on Google Scholar also yields about 60,000 academic sources that use the exact phrase "minor children", and another 58,000 news articles using that found on Google News. It's definitely not a phrase used in conversation very often, so I can understand why it would sound off, but it is commonly used in writing. Horserice (talk) 01:36, 12 January 2022 (UTC)

•  Done Great thanks that answers my question then. I had a quick check and the term seems to be used in Indian English as well Mujinga (talk) 11:55, 12 January 2022 (UTC)

• " registration must renounce their previous nationalities" - nationality?
  • Written in plural to cover people with multiple nationalities. Horserice (talk) 03:53, 9 January 2022 (UTC)

Overseas citizenship

• ok

References

• Referencing is excellent bar a few queries above. Sources are reliable.