Citizenship by Birth
Every person born in India on or after the 26th
January, 1950, is a citizen of India by birth except if at the
time of his birth-
- his father possesses such immunity from suits and legal
process as is accorded to an envoy of a foreign sovereign
power accredited to the President of India and is not a
citizen of India; or
- his father is an enemy alien and the birth occurs in a
place than under occupation by the enemy.
From 1st July, 1987 i.e. the
date of enforcement of the Citizenship
(amendment) Act, 1986, except as provided at 9a) & 9b)
above, every person born in India on or after 26th
January, 1950 but before the commencement of the act and on or
after such commencement and either of whose parents a citizen
in India at the time of his birth, shall be citizen of India
by birth.
Citizenship by Descent
A person born outside India-
- On or after 26th January, 1950, but before
the commencement of the Citizenship
( Amendment ) act, 1992, shall be a citizen
of India by descent if his father is a citizen of India at the
time of his birth; or
(b) On or after such commencement, shall be
a citizen of India by descent if either of his parents is a
citizen of India at the time of his birth:
Provided further if either of the parents
of such a person referred to in clause (b) was a citizen of
India by descent only, that person is not be a citizen of
India by virtue of this section unless-
- his birth is registered at an Indian Consulate within
one year of its occurrence or the commencement of the
Citizenship ( amendment ) act, 1992, whichever is later ,
or, with the permission of the Central Government, after
the expiry of the said period; or
- either of his parents is at the time of his birth, in
service under a Government of India.
Citizenship by Registration
Subject to certain conditions and
restrictions, the Central Government, in the Ministry of home
Affairs, may, on application made in this behalf, register as
a citizen of India any person who is not already such citizen
and belongs to any of the following categories-
- Persons of Indian origin who are ordinarily resident in
India and have been so resident for five years immediately
before making an application for registration. Prior to
the coming into force of the Citizenship (Amendment) Act,
1986 i.e. 1st July 1987, this period was six
months.
- Persons of Indian origin who are ordinarily resident in
any country or place outside undivided India;
- Persons who are or have been married to citizens of
India and are ordinarily resident in India and have been
so resident for five years immediately before making an
application for registration. Prior to the Citizenship (
amendment ) act, 1986 the clause read " women who are
or have been married to citizens of India"
- Minor children of persons who are citizens of India; and
- Persons of full age and capacity who are citizens of a
country specified in the first Schedule of the citizenship
Act, 1955 ( appendix 14.I)
Citizenship by Naturalization
Where an application is made
in the prescribed manner by any person of full age and
capacity who is not a citizen of a country specified in the
First Schedule 14.I for the grant of a certificate of a
naturalization to him, the Central Government may, if
satisfied that the applicant is qualified for naturalization
under the provisions if the Third Schedule, grant to him a
certificate of naturalization.
Provided that, if in the opinion of the
Central Government, the applicant is a person who has rendered
distinguished services to the cause of science, philosophy,
art, literature, world peace or human progress generally, it
may waive all or any of the conditions specified in the Third
Schedule of Citizenship act, 1955.
The person to whom a certificate of
naturalization is granted shall, on taking a oath of
allegiance in the form specified in the Second Schedule, be a
citizen of India by naturalization as from the date on which
that certificate is granted.
Citizenship by Incorporation of Territory
If any territory becomes a
part of India, the Central Government, may by orders notified
in the Official Gazette, specify the persons who shall be
citizens of India by reasons of their connection with that
territory, and those persons shall be citizens of India as
from the date to be specified in the order.
Termination
Citizenship is terminated
either by renunciation or acquisition of citizenship of
another country.
Renunciation of Citizenship
If any citizen of India of
full age and capacity, who is also a citizen or national of
another country, makes in the prescribed manner a declaration
renouncing his Indian citizenship; the declaration shall be
registered by the prescribed authority, and upon such
registration, that person shall cease to be a citizen of
Indian. Provided that if any such declaration is made during
any war in which India may be engaged, registration thereof
shall be withheld until the Central government otherwise
directs.
Where a person ceases to be a citizen of
India every minor child of that person shall thereupon cease
to be a citizen of India, provided that any such child may,
within one year after attaining full age, make a declaration
that he wishes to resume Indian citizenship and shall
thereupon again become a citizen of India.
For the purpose of this section. Any woman
who is, or has been, married shall be deemed to be of full age
Acquisition of Citizenship of Another Country
Any citizen of India who by naturalization,
registration or otherwise voluntarily acquires, or has at any
time between the 26th January 1950 and the
commencement of this Act voluntarily acquired, the citizenship
of another country, cease to be a citizen of India. However,
this does not apply to a citizen of India, during any war in
which India may be engaged, voluntarily acquires the
citizenship of another country, until the Central Government
otherwise directs.
If any question arises as to whether, when
or how any person has acquired the citizenship of another
country, it shall be determined by such authority, in such
manner, and having regard to such rules of evidence, as may be
prescribed in this behalf.
Deprivation
The Central government under
section 10 of the Indian citizenship Act, 1955 deprives any
citizen of Indian Citizenship if it is satisfied that-
- the registration or certificate of naturalization was
obtained by means of fraud, false representation or
concealment of any material fact; or
- that citizen has shown himself by act or speech to be
disloyal or disaffected towards the Constitution of India
as by law established; or
- that citizen has, during the war in which India may be
engaged, unlawfully traded or communicated with an enemy
or been engaged in or associated with, any business that
was to his knowledge carried on in such manner as to
assist any enemy in that war; or
- that citizen has, within five years after registration
or naturalization, been sentenced in any country to
imprisonment for a term of not less than two years; or
- That citizen has been ordinarily resident out of India
for a continuos period of seven years, and during that
period, has neither been at any time a student of any
educational institution in a country outside India or in
the service of a Government of India or of an
International organization of which India is a member, nor
registered annually in the prescribed manner at an Indian
consulate his intention to retain his citizenship of
India.
- The Central Government shall not deprive
a person of citizenship unless it is satisfied that it is
not conducive to the public good that person should
continue to be a citizen of India.
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