Nationality or citizenship of india
bhimsingh
(Querist) 10 October 2012
This query is : Resolved
Dear Friends,
1)Plz guide me whats the difference between Nationality & Citizenship in India?
2)My parents were born in nepal, but i am born in india DOB - 26.06.1983.So, what should my status,is it Nationality of india or Citizen of india?
3)As i am facing problem to apply for indian passport, as they are asking for my parents nationality.
4)Is it necessary to provide parents doc's to apply for your own passport?
Plz guide me in this matter along with proper ACTS/LAWS to prove it.
Regards...Bhim
M V Gupta
(Expert) 11 October 2012
Citizenship refers to legtal status of a person in a state or country. It refers to legal relationship between a person and the State and refers to the rights and duties/obligations such as right to vote, right to be lected to constitutional posts etc. Nationality on the other hand refers to a person's cultural and ethnic origin. It refers to the ancestry, and language, religious and social origin. In your case you are a citizen of India by birth but a Nepali by nationality. In the case of persons who have emigrated to other countries and obtained citizenship of that country, what they relinquish is the citzenship of the country of their origin and not the Nationality.
bhimsingh
(Querist) 11 October 2012
Thanks, that was very nice explaination. But my questions remained unanswered. Am i eligible for indian passport?if yes then Under which INDIAN ACT/LAW can i apply ?
Dr V. Nageswara Rao
(Expert) 11 October 2012
1. Under the Indian Citizenship Act, you can acquire ctizenship by (a)Birth to Indian parents (i.e., by blood:jus sanguinis) or (b) by birth in India (jus soli) or (c) by registration after 7 years' residence and after application to the concerned authorites or (d) by naturalization.
As you are born in India, you will be an Indian citizen under S. 3(1) of the Act as you were born after 26 January 1950 and before 1 July 1987, if you have not acquired foreign citzenship. The nationality of your parents does not afect your citizenship unless they are diplomats or belong to enemy State, which is not the case with you.
You may have to disclose the nationality and that would not cause any problem. Kids born to foreigners in India to surrogate mothers have been held to be Indian citizens and they are entitled to Indian passport.
bhimsingh
(Querist) 12 October 2012
Thanks Mr Rao,
Now i shall brief u in details how it went for my PP process.
I Applied for my new PP,then PP sends to Police verification,there also i sumitted all docs as required by them.
Then CID raised query about my parents nationality,i disclosed to them(they are Nepali borned & dont have any Birth Cert)& with that i submitted dads retirement certificate(36yrs worked for reputed company in goa),along with copy of Indian Citizenship Act,1955 highliting Section3-By Birth.
CID forwarded all docs to PP office,& then PP office started with same queries & we exchanged @3-4 letters,crossfired each others,had a arguement with PRO.
On same day PRO showed me report of CID where they had mentioned that "Doubtfull about applicants nationality".
Then PRO informed me,this is incomplete report from CID & we cant process ahead,so plz get new reports from police/CID.
By the time new system started ie. PSK in march'12 & my file was closed.
Now i have applied again & PP office informed me that they will go thru earlier files/docs & will be processed.
Now i am very sure this nightmare will start again & i want to be ready.
So, now what should be my moves to shut PP & CID office.
If u guys help me in writing some strong letters using laywers languages & words, it will be helpful.
Regards.......Bhim
Dr V. Nageswara Rao
(Expert) 12 October 2012
1. You say you were born in India. Don't you have birth certificate and school records if you have stayed in India afterwards?
2."Doubtful about applicant's nationality" means that you have not been able to prove that you were born in India. Did you produce the birht cetificate and school records? If you do not have them, no body will issue PP.
3. India has got to be very sensitve about granting Indian PP without proof of birth in Inda etc because of security situation.
bhimsingh
(Querist) 15 October 2012
Absolutely yes sir, i have all my doc's & submitted to concerned dept on time, & i am very happy that indian CID is taking very good steps for security concern.
But,they cant ignore LAWS/ACTS of india, they should be aware of this too.
On my report i had brought into their notice about this IC Act,1955 & still they sent incomplete report to PP.
Doc's submitted Details.
Birth Certificate-26.06.1983, issued by Sub-Reggistrar, Municipal Council.
School Certificates-10th & 12th Std, Mark sheets,Passing Certificate.
Voting Card-Issued by ECI.
Residence Certificate-Issued by Mamlatdar of Taluka,Goa
Marriage Certificate-Issued by Civil Registrar.
i would also like to ask you & guide me if there's any rule that i have to apply for Citizenship under section 3?, as it for section 4, 5 & 6?
bhimsingh
(Querist) 20 October 2012
Why nobody is replying for my queries? Is it so complicated?
Guest
(Expert) 20 October 2012
Mr. Bhim Singh,
Guidelines in brief are provided as a free help to the querists in these columns. So, you have already been provided appropriate guidelines by S/Shri MV Gupta and Dr. V. Nageswara Rao. But you have been extending the thread unusually long with your supplementary queries and still blaming the experts not replying your queries. Mind it the whole long legal process of any matter cannot be discussed in just a few words in reply to the queries of the querists, as a matter of free guidance.
You have stated about Passport Office, "they cant ignore LAWS/ACTS of india, they should be aware of this too." Can you state, how you expect the experts here to compel them not to ignore laws/acts or make them aware of the acts/laws? Do you expect the experts to accompany you to the Passport office and make them convinced about the provisions of acts/laws?
Please don't expect the experts to do A2Z job of your passport. You may better hire the services of some lawyer at local level to help you sort out the problem with the Passport office, as per the prevalent law.
bhimsingh
(Querist) 20 October 2012
I am sorry & appologize for this. Sir, i dint mean to question u experts, i was trying to express my view for ur valuable guidance.
Sir, if u can help me plz, guide me with my query.
i would like to know if there's any rule that i have to apply for Citizenship under section 3, as it for section5 & Sec6?
If u think there's no need to apply then i will fight with them legally.
Guest
(Expert) 20 October 2012
If you need my help/guidance, you are welcome to contact through email with complete details and scanned copies of documents available with you about your parents immigration, citizenship, nationality, etc., at: dcgroup1962@gmail.com
bhimsingh
(Querist) 18 February 2013
sir PS Dhingra.
I have mailed u my details, it will be great if u go thru it & help me for further guidance
Thanks..Bhim
Guest
(Expert) 18 February 2013
OK, I shall revert back to you ASAP after going through your email message.
bhimsingh
(Querist) 05 March 2013
sir PS Dhingra.
I know sir,you must be busy. But sir i request you to plz look into my matter & guide me.
Thnaks & Regards....Bhim
