Citizenship Act 1955
CITIZENSHIP ACT 1955
- Anyone born in India on or after January 26, 1950 up till July 1, 1987 is an Indian citizen by birth.
- Anyone born on or after July 1, 1987 but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is an Indian citizen at the time of his birth is an Indian citizen.
- And anyone born after the commencement of the Citizenship (Amendment) Act, 2003 and both of whose parents are Indian citizens at the time of his birth is an Indian citizen.
- The only exception to this was Assam where as per the 1985 Assam Accord foreigners who came to the state up to March 24, 1971 were to be regularised as Indian citizens.
- Section 14A in the Citizenship Act of 1955 provides in sub-section (1) that “The Central Government may compulsorily register every citizen of India and issue national identity card to him”.
- The procedure to prepare and maintain National Register of Indian Citizens (NRIC) is specified in the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 .
|CITIZENSHIP ACT 1955|
- 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 his parents.
- A person born in India on or after July 1, 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.
|The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.|
- A person 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 of whose parents is a citizen of India and the other is not an illegal migrant at the time of their 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 his father was a citizen of India at the time of his birth.
- A person born outside India on or after December 10, 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.
- A person born outside India on December 3, 2004 onwards shall 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 the expiry of the said period. An application, for registration of the birth of a minor child, to an Indian consulate shall be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.
- A minor who is a citizen of India by virtue of descent and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of his attaining full age.
- A person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
- A person of Indian origin who is ordinarily resident in any country or place outside undivided India;
- A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application 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;
|GOI may waive all or any of the above conditions for naturalisation in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress. Every naturalised citizen must take an oath of allegiance to the Constitution of India.|
- A person of full age and capacity who has been registered as an overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration.
- A person shall be deemed to be 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 August 15, 1947.
NOTE – All the above categories of persons must take an oath of allegiance before they are registered as citizens of India.
The Central Government may grant a certificate of naturalisation to any person (not being an illegal migrant) if he possesses the following qualifications:
- He is not a subject or citizen of any country where citizens of India are prevented from becoming subjects or citizens of that country by naturalisation;
- He undertakes to renounce the citizenship of other country in the event of his application for Indian citizenship being accepted;
- He has either resided in India or been in the service of a GoI or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application;
- During the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a GoI, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years;
- He is of good character;
- He has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution;
- In the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into or continue in, service under a GoI or under an international organisation of which India is a member or under a society, company or body of persons established in India.
|BY INCORPORATION OF TERRITORY|
- 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 the citizens of India from the notified date. For instance, when Pondicherry became a part of India, the GoI issued the Citizenship (Pondicherry) Order (1962), under the Citizenship Act (1955).