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:

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.
• A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.
• A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.

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.
• A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, 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.
• A person born outside India on or after 3rd December, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

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.
• A person of Indian origin who is a resident of any country outside undivided India.
• A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration.
• Minor children of persons who are citizens of India.
• a person of full age and capacity whose parents are registered as citizens of India
• a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration;
• a person of full age and capacity who has been registered as anOverseas Citizen of India Cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration.

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:

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.

Termination of Citizenship

• Indian citizenship can be terminated via renunciation, termination and deprivation. The conditions and procedure for revocation of Indian citizenship as per the provision of the Citizenship Act, 1955 are given below:
• Renunciation of Citizenship - If any citizen of India of full age and capacity makes in prescribed manner a declaration renouncing his citizenship, it would be considered except in case of war. During war, its registration shall be withheld by the central government. Also when a person renounces his citizenship, his minor child would also lose citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship.
• In 2018, Ministry of Home Affairs notified new rules under Citizenship Act – As per new rules, those who are renouncing their citizenship on account of being national of another country will now have to declare the circumstances or reasons due to which they intend to acquire foreign citizenship.
• Termination of Citizenship - When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates. This provision, however, does not apply during a war in which India is engaged.
• Deprivation of Citizenship - It is a compulsory termination of Indian citizenship by the Central government, if:
  1. The citizen has obtained the citizenship by fraud;
  2. The citizen has shown disloyalty to the Constitution of India;
  3. The citizen has unlawfully traded or communicated with the enemy during a war;
  4. The citizen has, within five years after registration or naturalization, been imprisoned in any country for two years; and
  5. The citizen has been ordinarily resident out of India for seven years continuously.