CITIZEN

(UNDER THE INDIAN CITIZENSHIP ACT, 1955)

 
Citizen by birth (Sec.3)
Every person born in India

  1. On or after the 26th January, 1950,  but before 1st  July, 1987
  2.  on or after the 1st day of July, 1987 (but before 2nd Dec.2004), either of whose parents is a citizen of India at the time of his birth;
  3. On or after 3rd December, 2004 where-


a)      Both of his parents are citizens of India; or
b)      One of his parents is a citizen of India and the other is not an illegal migrant at the time of birth
shall be a citizen of India by birth. A person shall not be  a citizen of India by birth if at the time of his birth-     a)   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  b)       his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.
 
Citizen by descent (Sec.4)
A person born outside India-

  1. On or after 26th January, 1950, but before the 10th day of December 1992, shall be a citizen of India if his father is a citizen of India at the time of his birth; or
  2.  On or after such commencement, shall be a citizen of India if either of his parents is a citizen of India at the time of his birth. 

From 3rd December 2004 onwards a person shall not be a citizen of India by virtue of this section unless-

a)  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

b)      Either of his parents is, at the time of his birth, in service under a Government of India.

The application for registration of the birth of a minor child must be made to an Indian consulate and must 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.

 
Citizenship by registration (Sec.5)
Any person who is not an Indian citizen by virtue of the constitution or those of this Act can become a citizen of India by registration by making an application to the Central Government,  if he  belongs to any of the following categories:

  1. Persons of Indian origin who are ordinarily resident in India and have been so resident for seven years immediately before making an application for registration.
  2.  Persons of Indian origin who are ordinarily resident in any country or place outside undivided India;
  3.  Persons who  are married to citizens of India and are ordinarily resident in India  for seven  years immediately before making an application for registration.
  4.  Minor children of persons who are citizens of India; and
  5. a person of full age and capacity who, or either of his parents, was an earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
  6. a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

 
Citizenship by naturalization (Sec.6)
A person of full age and capacity not being an illegal migrant can acquire citizenship of India by naturalisation by making an application to the Central Government, for granting naturalisation certificate to him. If satisfied that the applicant is qualified, Central Government may grant him certificate under the provisions of Third Schedule. 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. (The Pakistani singer Adnan Sami had applied for Indian Citizenship under this clause)
Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and other qualifications as specified in Third Schedule to the Citizenship Act.
 
Citizenship by Incorporation of Territory (Sec.7)
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.
 
Overseas Citizenship
The Central Government may on application register any person as an overseas citizen of India:-
1. any person of full age and capacity who is a citizen of another country:

a)       but was a citizen of India at the time of ,or at any time after the commencement of the Constitution ;or

b)       but was eligible to become  a citizen of a citizen of India  at the time of commencement of the Constitution; or

c)      but belonged to a territory that become part of india after the 15th day of august

d)      who is a child or a grand-child of such a citizen; or


2. a person who is a minor child of a person mentioned in clause[a]
Provided that no person, who is or had been a citizen of Pakistan, Bangladesh or such country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an overseas citizen of India.
 
Renunciation of Citizenship ( Also applies to Overseas Citizenship)
Any citizen of India may make a declaration renouncing his Indian citizenship; the declaration shall be registered by the prescribed authority, and upon registration, that person shall cease 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 again become a citizen of India.
 
Deprivation
The Central government under section 10 of the Indian citizenship Act, 1955 may deprive any citizen of Indian Citizenship if it is satisfied that certain conditions of citizenship has been violated by the Citizen of India. ( The reasons / conditions have been provided in Section 10. )