More FAQs, post Caitu's case verdict 11. What exactly happened in the recent Case where Indian Govt confirms Caitu is not Indian? Pedru Francis an Indian, register his birth in Portugal. After due process, Portugal confirms that Pedru is now also Portuguese. But Indian cannot become Citizen of two countries at the same time. By law, the moment your become Citizen of other country, you automatically lose Indian Citizenship and that's what exactly happened here. 12. What are the Implications? By the same law or rule, it is needless to say that: A: All those who acquired Portuguese Passport are not Indian B. All the surviving parents of such people are also Portuguese Citizens (Parents of those upto the age of say 52 or parents of those born after Dec 19.1961) This can include those parents in Govt, jobs, Panch Members of Village Panchayat, Councillors, Zilla Members etc. Many of whom may not even aware of the fact their birth is registered in Portugal. (See Q4 above) C: All those who registered their birth in Portugal whether they intend to acquire passport or not are also Portuguese Citizens 13. Why only Caitu and why not others? Well, the authority will only act upon a complaint which could also mean ‘no complain no action’. 14. What’s going to happen to Caitu or anyone is such case now? Well, he may not be an Indian now but he is definitely a PIO (Person of Indian Origin), also, his spouse is Indian so question of deportation, stateless person etc does not arise 15. Cancelation of Portuguese Citizenship make him or anyone Indian automatically? I am afraid no. He will have to apply for Indian Citizenship at Home Office /Collector by submitting prescribed application forms /sets, this is not a quick process but with BJP intervention it may be possible within 3 months – the process includes collector reports, State Govt, and Central Govt and it can ordinarily take not less than 6 months However, should there be a by-election due to resignation etc, he may not be able to re-contest in the by-election as he is not likely to be a new Indian Citizen at the time of filling the nomination due to the lengthy process as mention above. It would be advisable to resign rather than wait for disqualification as disqualification could also mean 10 year ban in contesting election. 16. Can’t he or anyone get a relief if knocked at the higher court? I don’t see Court can do much here. Court only goes by the rules or laws (Constitutional laws in this case). Court cannot amend Laws. It can recommend amendments though! 17. What according to you is the best solution for this imbroglio, (in the larger interest of thousands of affected Goans). I can think of one thing, may not sound good Bring a constitutional amendment bill in the parliament to effect changes in the relevant section which may read something like this ..that any citizen of India who by Registration acquires the citizenship of another country shall cease to be a citizen of India '"except in the case of Goa, Daman, Diu, Pondichery (Etc) where Citizens register their birth in Portugal/France..will continue to be deemed as Indian Citizens unless they acquire Passport of that country or renounce Indian Citizenship..'" The updated blog http://joegoauk-pointofview.blogspot.in/2013/04/of-portuguese-citizenship-passport-etc.html http://joegoauk-pointofview.blogspot.in/2013/04/of-portuguese-citizenship-passport-etc.html
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