Citizenship of Bharat: Part 20

 

Section 10: Deprivation of Citizenship

Explanation

Section 10 of the Citizenship Act, 1955, deals with the deprivation of Indian citizenship. It states that:

1. Grounds for Deprivation: A citizen of India who is such by naturalization or by virtue only of clause (c) of article 5 of the Constitution or by registration otherwise than under clause (b)(ii) of article 6 of the Constitution or clause (a) of sub-section (1) of section 5 of this Act, shall cease to be a citizen of India if deprived by an order of the Central Government under this section.

2. Conditions for Deprivation: The Central Government may deprive any such citizen of Indian citizenship if it is satisfied that:

   • The registration or certificate of naturalization was obtained by means of fraud, false representation, or the concealment of any material fact.

   • The citizen has shown by act or speech to be disloyal or disaffected towards the Constitution of India as by law established.

   • The citizen has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist an enemy in that war.

   • The citizen has, within five years after registration or naturalization, been sentenced in any country to imprisonment for a term of not less than two years.

   • The citizen has been ordinarily resident out of India for a continuous period of seven years and during that period has neither been a student of any educational institution in a country outside India or in the service of a Government in India or of an international organization of which India is a member, nor registered annually in the prescribed manner at an Indian consulate his intention to retain his citizenship of India.

3. Public Good: The Central Government shall not deprive a person of citizenship under this section unless it is satisfied that it is not conducive to the public good that the person should continue to be a citizen of India.

4. Notice and Inquiry: Before making an order under this section, the Central Government shall give the person against whom the order is proposed to be made notice in writing informing them of the ground on which it is proposed to be made and, if the order is proposed to be made on any of the grounds specified in sub-section (2) other than clause (e) thereof, of their right, upon making application therefor in the prescribed manner, to have their case referred to a committee of inquiry under this section.

Relevant Judgments

1. Union of India vs. Pranav Srinivasan (2024): This case reaffirmed the importance of following the statutory process strictly for the deprivation of citizenship. The Court emphasized that the decision of the Central Government is final and binding.

2. Union of India vs. Bahareh Bakshi (2024): This case involved an Iranian citizen who filed a writ petition seeking the issuance of an OCI Card. The Supreme Court ruled that the physical presence of the estranged spouse is not a mandatory requirement for processing an application for an OCI Card under Section 7A, emphasizing that the requirement was arbitrary and not necessary for verifying the genuineness of the marital status.

These provisions and judgments ensure that the process of deprivation of Indian citizenship is handled with due process and fairness, protecting the interests of both the individuals and the nation.