Acquisition And Loss Of Indian Citizenship

The Citizenship Act of 1955 establishes five paths to citizenship: birth, descent, registration, naturalisation, and territorial incorporation.

 

By Birth – A person born in India on or after January 26, 1950, but before July 1, 1987, is a citizen of India by birth, regardless of his parents' nationality. Only if either of his parents was a citizen of India at the time of his birth is a person born in India on or after July 1, 1987 considered an Indian citizen. Furthermore, those born in India on or after December 3, 2004, are only considered Indian citizens if both of their parents are Indian citizens or if one of their parents is an Indian citizen and the other is not an illegal migrant at the time of their birth. Foreign diplomats' children and enemy aliens' children are not eligible for Indian citizenship by birth.

 

By Descent- If his father was a citizen of India at the time of his birth, a person born outside India on or after January 26, 1950 but before December 10, 1992 is a citizen of India by descent. If either of his parents is a citizen of India at the time of his birth, a person born outside India on or after December 10, 1992 is considered an Indian citizen.

 

From the 3rd of December 2004, a person born outside India by descent will not be a citizen of India by descent unless 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 that time has passed. An application to an Indian consulate for the registration of a minor child's birth must be accompanied by a written undertaking from the minor child's parents that he or she does not hold a passport from another country. Furthermore, a minor who is a citizen of India by descent but also a citizen of another country will lose his Indian citizenship if he does not renounce his other country's citizenship or nationality within six months of reaching full age.

 

On an application, the Central Government may register any person (other than an illegal migrant) as a citizen of India if he falls into one of the following categories: (a) A person of Indian origin who has been ordinarily resident in India for seven years before making an application for registration; (b) A person of Indian origin who has been ordinarily resident in India for seven years before making an application for registration; (c) A person of Indian origin who has been ordinarily resident in India for seven years before

 

(b) A person of Indian ancestry who lives in any country or place outside of undivided India on a regular basis;

c) A person who is married to an Indian citizen and has lived in India for at least seven years before applying for registration;

 

d) Children of Indian citizens under the age of 18;

 

e) A person who is of full age and capacity and whose parents are Indian citizens;

 

(f) A person of full age and capacity who, or either of his parents, was a citizen of independent India prior to independence and who is ordinarily resident in India for twelve months prior to making an application for registration;

 

(g) A person of full age and capacity who has held an overseas citizen of India card for five years and has been ordinarily resident in India for twelve months prior to submitting an application for registration.

 

If he or either of his parents were born in undivided India or any other territory that became part of India after August 15, 1947, they are considered to be of Indian origin.

 

I, A/B................... solemnly affirm (or swear) that I will bear true faith and allegiance to India's Constitution as established by law, and that I will faithfully observe India's laws and fulfil my responsibilities as a citizen of India.

 

By Naturalization-On application, the Central Government may grant a certificate of naturalisation to any person (who is not an illegal migrant) who meets the following criteria:

 

(a) That he is not a subject or citizen of any country where naturalisation prevents Indian citizens from becoming subjects or citizens of that country;

 

(b) That if he is a citizen of another country, he agrees to renounce that country's citizenship if his application for Indian citizenship is approved;

 

(c) That for the twelve months immediately preceding the date of the application, he has either resided in India or been in the service of an Indian government, or both, or a combination of the two;

 

(d) That for at least eleven years in the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of an Indian government, or both, for periods totaling not less than eleven years;

 

(e) That he is of good character;

 

(f) That he has a working knowledge of one of the languages listed in the Constitution's Eighth Schedule, and

 

(g) That if a certificate of naturalisation is granted to him, he intends to live in India or to work for a government in India, an international organisation of which India is a member, or a society, company, or body of persons established in India.

 

In the case of a person who has rendered distinguished service to science, philosophy, art, literature, world peace, or human progress, the Government of India may waive all or any of the above conditions for naturalisation. Every naturalised citizen must swear allegiance to the Indian Constitution.

 

By Territory Incorporation- If any foreign territory becomes a part of India, the Indian government specifies who among the people of the territory will be Indian citizens. Citizenship of India is granted to such individuals as of the notified date. The Citizenship (Pondicherry) Order, 1962, was issued by the Government of India under the Citizenship Act, 1955, when Pondicherry became a part of India.

 

Renunciation, termination, and deprivation are the three ways to lose citizenship under the Citizenship Act of 1955, whether acquired under the Act or prior to it under the Constitution:

Renunciation- Any Indian citizen of full age and capacity can declare his or her Indian citizenship. That person ceases to be an Indian citizen once the declaration is registered. However, if such a declaration is made during a war in which India is involved, the Central Government will refuse to register it. Furthermore, when a person renounces his or her Indian citizenship, his or her minor children lose their Indian citizenship as well. When the child reaches the age of eighteen, he may reclaim his Indian citizenship.

 

By Termination- An Indian citizen's Indian citizenship automatically terminates when he voluntarily (consciously, knowingly, and without duress, undue influence, or compulsion) acquires the citizenship of another country. This provision, however, does not apply when India is fighting a war.

 

a) The citizen obtained citizenship through deception:

 

b) The citizen has demonstrated disloyalty to the Indian Constitution:

 

c) During a war, the citizen illegally traded or communicated with the enemy;

 

d) The citizen has been imprisoned in any country for two years within five years of registration or naturalisation; and

 

e) The citizen has lived ordinarily outside of India for the past seven years.