Citizenship Act, 1955

The Citizenship Act, 1955 provides for acquisition and loss of citizenship after the commencement of the Constitution.

Ways to acquire Citizenship

Indian citizenship can be acquired by birth, descent, registration, naturalization and incorporation of territory. The conditions and procedure for acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are given below:

1. By Birth: A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.

2. By Descent: A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

3. By Registration (Illegal Immigrant are not eligible to Apply): A person of Indian origin who has been a resident of India for 7 years before applying for registration.

4. By Naturalization: Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and qualifies other conditions under schedule 3 of the citizenship act.

The qualifications for naturalization of a person who is not a citizen of a country specified in Schedule I are:-

  1. that he is not a subject or citizen of any country where citizens of India are prevented by law or practice of that country from becoming subjects or citizens or that country by naturalization;
  2. that, if he is a citizen of any country he has renounced the citizenship of that country in accordance with the law therein in force in that behalf and has notified such renunciation to the Central Government;
  3. that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application;
  4. that during the fourteen years immediately preceding the said period of twelve months, he/ she has either resided in India or been in the service of a Government of India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years.
  5. that he is of good character;
  6. that he has an adequate knowledge of a language specified in Schedule VIII to the Constitution; and
  7. that in the event of a certificate of naturalization being granted to him, he intends to reside in India, or to enter into, or continue in, service under a Government in India or under an international organization of which India is a member or under a society, company or body of persons established in India.

5. By Incorporation of Territory: If any new territory is added to India, the Government of India can specify the persons of the territory who shall be citizens of India by reasons of their connection with that territory.

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