Law and You > Constitutional Law >Acquisition and Termination of Indian Citizenship
Acquisition of Indian Citizenship
Pursuant to the exercise of its power under Article 11 of the Constitution Parliament has passed the Citizenship Act 1955. This Act provides for the acquisition of Indian Citizenship after the commencement of the Constitution in five ways:-
By Birth (Section 3 of Citizenship Act 1955):
- A person born in India on or after 26th January 1950 but before 1st July, 1987 is a 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.
- An ‘illegal migrant’ as defined in section 2(1)(b) of the Act is a foreigner who entered India.
(i) without a valid passport or other prescribed travel documents: or
(ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time. - Thus every person born in India on or after January 26, 1950, shall be a citizen of India by birth. There are two exceptions, however to this rule, namely, children born to foreign diplomatic personnel in India and those of enemy aliens whose birth occurs in a place then under occupation by the enemy.
By Descent (Section 4 of Citizenship Act 1955):
- 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.
- Thus a person born outside India on or after January 26, 1950, shall be a citizen of India by descent if his father or mother is a citizen of India at the time of his birth. Children of those who are citizens of India by descent, as also children of non-citizens who are in service under a government in India, may also take advantage of this provision and become Indian citizens by descent, if they so desire, through registration in any of Indian consulates.
By Registration (Section 5(1) of Citizenship Act 1955):
Any person who is not already an Indian citizen by virtue of the provisions of the Constitution or those of this Act can acquire citizenship by registration if that person belongs to any one of the following five categories:
(a) Persons of Indian origin who are ordinarily resident in India and who have been so resident for at least six months immediately before making an application for registration;
(b) Persons of Indian origin who are ordinarily resident in any country or place outside undivided India;
(c) Women who are, or have been, married to citizens of India;
(d) Minor children of persons who are citizens of India; and
(e) Persons of full age and capacity who are citizen of the Commonwealth countries or the Republic of Ireland.
A person shall be deemed to be a Person of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August 1947.
By Naturalization (Section 6 of Citizenship Act 1955):
- 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 other qualifications as specified in Third Schedule to the Act.
- Any person who does not come under any of the categories mentioned above can acquire Indian citizenship by naturalization if his application for the same has been acceded to by the Government of India and certificate is granted to him to that effect. An applicant for a naturalization certificate has to satisfy the following conditions:
- He is not a citizen of a country which prohibits Indians becoming citizens of that country by naturalization.
- He has renounced the citizenship of the country to which he belonged.
- He has either resided in India or has been in the service of a government in India, normally, for one year immediately prior to the date of application.
- During the seven years proceeding the above mentioned one year, he has resided in India or been in the service of a government in India for a period amounting in the aggregate to not less than four years.
- He is of good character.
- He has adequate knowledge of a language specified in the Constitution.
- If granted a certificate, he intends to reside in India or enter into, or continue in service under a government in India.
- The Act provides, however, for a conspicuous exemption under which any or all of the above conditions may be waived in favour of a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally.
- Every person to whom a certificate of naturalization is granted has to take an oath of allegiance solemnly affirming that he will bear true faith and allegiance to the Constitution of India as by law established and that he will faithfully observe the laws of India and fulfill his duties as a citizen of India.
By Incorporation of Territory (Section 7 of Citizenship Act 1955):
If any territory becomes part of India, the Government of India, by order, may specify the persons who shall be citizens of India by reason of their connection with that territory.
Loss of Indian Citizenship:
The Citizenship Act envisages three situations under which a citizen of India may lose his Indian nationality.
By Renunciation (Section 8 of the Citizenship Act 1955):
If any citizen of India who is also a national of another country renounces his citizenship through the declaration of in the prescribed manner, he ceases to be Indian Citizen.
By Termination (Section 9 of Citizenship Act 1955):
Any person who acquired Indian Citizenship by naturalization, registration or otherwise, has voluntarily acquired citizenship of another country at any time between January 26, 1950, to December 30, 1955, shall have ceased to be an Indian Citizen.
Deprivation (Section 10 of the Citizenship Act 1955):
This Section empowers the government to deprive a citizen of his citizenship by issuing an order. However, this power may not be used in the case of every citizen. It applies only to those, who acquired Indian Citizenship. documentation etc.
A person is deprived of Indian citizenship on the ground of obtaining the citizenship by fraud or misrepresentation, disloyalty towards the Indian Constitution, communication with India’s enemy during the war, imprisonment for longer than two years within five years of registration or naturalization or residing outside India for longer than seven years at a time.