Citizenship Act of India: Acquisition

• In 1955, as provided in Article 11 of the Constitution, the Parliament enacted the Citizenship Act.
• The Citizenship Act provides for the acquisition and loss of citizenship after the commencement of the Constitution.
• Citizenship can be acquired through five conditions which are birth, descent, registration, naturalization, and incorporation of territory.

The Five Conditions for Acquiring Citizenship

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 irrespective of the nationality of their parents.
• A person born in India on or after July 1, 1987, is considered a citizen of India only if either of their parents is a citizen of India at the time of their birth.
• Individuals born in India on or after December 3, 2004, are considered citizens of India only if both of their parents are citizens of India, or one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.
• Children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.

By Registration

• The Central Government is entrusted with the task of registering citizens.
• A person of Indian origin who is ordinarily resident in India for seven years before applying for registration, or is ordinarily resident in any country or place outside undivided India, can apply for registration.
• Individuals married to a citizen of India and ordinarily resident in India for seven years can apply for registration.
• Minor children of persons who are citizens of India can be registered.
• Individuals of full age and capacity whose parents are registered as citizens of India can apply for registration.
• A person of full age and capacity who, or either of their parents, was an earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before applying for registration, can apply for registration.
• A person of full age and capacity who has been registered as an overseas citizen of India cardholder for five years, and is ordinarily resident in India for twelve months before applying for registration, can apply for registration.
• A person is deemed to be of Indian origin if they, or either of their parents, were born in undivided India or in such other territory which became part of India after August 15, 1947.
• All the above categories of persons must take an oath of allegiance before they are registered as citizens of India.

By Descent

• A person born outside India on or after January 26, 1950, but before December 10, 1992, is a citizen of India by descent, if their father was a citizen of India at the time of their birth.
• Persons born outside India on or after December 10, 1992, are considered citizens of India if either of their parents is a citizen of India at the time of their birth.
• If a person born outside India on or after December 3, 2004, has to acquire citizenship, their parents must declare that the minor does not hold a passport of another country and their birth is registered at an Indian consulate within one year of birth.

By Naturalisation

• A person can acquire citizenship by naturalization if they are ordinarily resident in India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfills all qualifications in the third schedule of the Citizenship Act.

By Territorial Incorporation

• If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India.
• Such persons become citizens of India from the notified date.

Key Facts and Amendments Regarding the Citizenship Act

• The Citizenship Act does not provide for dual citizenship or dual nationality; it only allows citizenship for a person listed under the provisions above, i.e., by birth, descent, registration, naturalization, and territorial incorporation.
• The Citizenship Act has been amended six times: in 1986, 1992, 2003, 2005, 2015, and 2019.
• The Abducted Persons (Recovery and Restoration) Act was enacted on December 15, 1949, and remained in force until 1957 (two years post-1955 Citizenship).
• The Parliament has narrowed down the wider and universal principles of citizenship based on the fact of birth through these amendments.
• The Foreigners Act places a heavy burden on the individual to prove that they are not a foreigner.

Overseas Citizen of India (OCI)

• OCI Card is for foreign nationals who were eligible for Indian citizenship on January 26, 1950, or were an Indian citizen on or after that date.
• An OCI is a person who is of Indian origin and a citizen of a specified country, or was a citizen of India immediately before becoming a citizen of another country (mentioned on specified list), and is registered as an OCI by the Central government.
• Citizens of Pakistan and Bangladesh are not eligible for an OCI Card.
• An OCI cardholder does not have voting rights.
• OCI is not dual citizenship, and OCI cardholders are not Indian citizens.
• The OCI Card is a multipurpose, multiple entry lifelong visa for visiting India.
• Persons with OCI Cards have equal rights as NRIs in terms of financial, educational, and economic matters, but they cannot acquire agricultural land in India.

Amendments

1986

• The amendment added the condition that those born in India on or after January 26, 1950, but before July 1, 1987, shall be Indian citizens.
• Citizenship can be obtained for those born after July 1, 1987, and before December 4, 2003, in addition to one's birth in India, if either of his parents was an Indian citizen at the time of birth.
• Article 6 A to the Act stipulates that people who came to Assam from Bangladesh after March 24, 1971, but before January 1, 1972, were to be treated as Indian citizens, provided they were registered in accordance with the provisions of the Assam Accord.
• Those who entered Assam after March 24, 1971, and before the cutoff date, could apply for citizenship and, if they met certain criteria, would be granted Indian citizenship.

1992

• The Citizenship (Amendment) Act of 1992 amended the Citizenship Act of 1955 to allow people born outside of India to become citizens if either of their parents is an Indian citizen at the time of their birth.
• The previous requirement that the father be an Indian citizen at the time of birth was replaced.
• References to "male persons" were also replaced with "persons."

2003

• The concept of an "illegal migrant" defined who could be imprisoned or deported. An illegal migrant cannot obtain citizenship through naturalization or registration even if they have lived in India for seven years.
• Also repealed the provision for Commonwealth Citizenship, which was originally provided by the Act of 1955. Individuals born on or after December 4, 2004, in addition to the fact of their own birth, both parents should be Indian citizens or one parent must be an Indian citizen and others should not be illegal migrants

2005

• This amended the Citizenship Act, 1955 by deleting Schedule four of the Act whereby persons of Indian origin, who or whose parents/grandparents migrated from India after 26th January, 1950 or were eligible to become an Indian citizen on 26th January, 1950 or belonged to a territory that became part of India after 15th August, 1947 and their minor child, whose present nationality is such a country which allows dual citizenship in some form or the other will become eligible to be registered as overseas citizens of India.
• This provision is extended to such citizens of all countries other than those who had ever been citizens of Pakistan and Bangladesh.
• The amendment further reduces the period of stay of two years to one year in India for OCI, who is registered for five years, to become eligible for grant of Indian citizenship.

2015

• Modified the provisions pertaining to the Overseas Citizen of India (OCI) in the Principal Act.
• Introduced a new scheme called "Overseas Citizen of India Cardholder" by merging the Persons of Indian Origin (PIO) card scheme and the OCI card scheme.

2019

• The amendment proposes to permit members of six communities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—from Pakistan, Bangladesh, and Afghanistan to continue to live in India if they entered India before December 31, 2014.

Persons of Indian Origin (PIO)

• A person would be eligible for the PIO card if they are a person of Indian origin and a citizen of any country except Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China or Afghanistan, or if they have held an Indian passport at any other time or are the spouse of a citizen of India or a person of Indian origin.
• PIO cardholders can enter India with the multiple entry feature for fifteen years and do not need a separate visa.

Modes of Losing Indian Citizenship

Renunciation

• If any citizen of India who is also a national of another country renounces their Indian citizenship through a declaration in the prescribed manner, they cease to be an Indian citizen.
• When a male person ceases to be a citizen of India, every minor child of theirs also ceases to be a citizen of India.
• However, such a child may, within one year after attaining full age, become an Indian citizen by making a declaration of their intention to resume Indian citizenship.

Termination

• Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts the citizenship of any foreign country.

Deprivation

• It is a compulsory termination of Indian citizenship by the Central government if citizenship was obtained by fraud; disloyalty was shown to the Constitution of India; the citizen unlawfully traded or communicated with the enemy during war; the citizen was imprisoned in any country for two years within five years after registration or naturalization; or the citizen has been ordinarily resident out of India for seven years continuously.

The Citizenship Act of 1955 outlines how citizenship can be acquired and lost after the Constitution's commencement. It details five ways to gain citizenship: birth, descent, registration, naturalization, and incorporation of territory. The conditions for acquiring citizenship by birth are explained.