TNAG-2943-FCO40-4219-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 48

CITIZENSHIP ACT, 1955

Comments

[S. 6

Preferential right of custody of mioor children.-In spite of the fact that the mother is an Indian citizen and has a right of preferential custody over the minor children under the Mohammedan Law still the provisions of the Indian Citizenship Act shall prevail and children shall acquire the natio- nality of their father.'

6. Citizenship by naturalization.-(1) Where an application is mad in the prescribed manner by any person of full age and capacity who is no a citizen of a country specified in the First Schedule for the grant of a certi ficate of naturalization to him, the Central Government may, if satisfie. that the applicant is qualified for naturalization under the provisions of the Third Schedule, grant to him a certificate of naturalization:

Provided that, if in the opinion of the Central Government, th applicant is a person who has rendered distinguished service to the caus of science, philosophy, art, literature, world peace or human progres generally, it may waive all or any of the conditions specified in the Thir Schedule.

(2) The person to whom a certificate of naturalization is grante under sub-section (1) shall, on taking the oath of allegiance in the fort specified in the Second Schedule, be a citizen of India by naturalization. from the date on which that certificate is granted.

7. Citizenship by incorporation of territory.-If any territory becom a part of India, the Central Government may, by order notified in t official Gazette, specify the persons who shall be citizens of India by reaso of their connection with that territory; and those persons shall be citizer of India as from the date to be specified in the order.

Termination of Citizenship

8. Renunciation of citizenship.-(1) If any citizen of full age and cap. city, who is also a citizen or national of another country, makes in the pre cribed manner a declaration renouncing his Indian citizenship, the decla ation, shall be registered by the prescribed authority; and, upon such regi tration, that person shall cease to be a citizen of India :

Provided that if any such declaration is made during any war in whic India may be engaged, registration thereof shall be withheld until tl Central Government otherwise directs.

(2) Where a male person ceases to be a citizen of India under su section (1) every minor child of that person shall thereupon cease to be citizen of India :

Provided that any such child may, within one year after attaining fu age, make a declaration that he wishes to resume Indian citizenship an shall thereupon again become a citizen of India.

(3) For the purposes of this section, any woman who is, or has bee married shall be deemed to be of full age.

9. Termination of citizenhsip.-(1) Any citizen of India who by natur lization, registration or otherwise voluntarily acquires, or has at any tin between the 26th January, 1950 and the commencement of this Act voluntari

1. Shamim Bano v. Union of India, A.I.R. 1980 Raj. 98 at p 101