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Indian Citizenship

Citizenship

  • The citizenship of India is governed by Articles 5 to 11 in Part II of Indian Constitution.
  • The law related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act 2005.

Citizenship at the origination of Indian Constitution

  • Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian Citizens by the relevant provisions of Indian Constitution coming into force.
  • Most of these constitutional provisions came into force on 26 January 1950.

Citizenship by Birth

  • Any person born in India on or after 26 January 1950, but before the 1st day of July 1987.
  • On or after the 1st July 1987, but before the commencement of the Citizenship (Amendment) Act 2003 and either of whose parents is a citizen of India at the of his birth
  • Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.

Citizenship by Descent

  • Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens 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 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth

Citizenship by Registration

  • A person of Indian origin who are 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

Citizenship by Naturalization

  • Citizenship of India by naturalization can be acquired by a foreigner who is ordinarily resident in India for 12 years and other qualifications as specified in Third Schedule to citizen Act.
  • According to Article 9 of Indian Constitution, a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen. Also, according to The Passports Act, a person has to surrender his/her Indian passport. It is a punishable offence under the act if he fails to surrender the passport.