Citizenship

CITIZENSHIP ACT, 1955

• The Citizenship Act (1955) provides for acquisition and loss of citizenship
after the commencement of the Constitution.
• Originally, the Citizenship Act (1955) also provided for the Commonwealth
Citizenship. But, this provision was repealed by the Citizenship
(Amendment) Act, 2003.
• 1. 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 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.
• Further, those 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.
• Children born to diplomats are not considered as citizen.
CITIZENSHIP ACT, 1955

• 2. 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 her/his father was a
citizen of India at the time of her/ 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.
• December 3, 2004 onwards, a person born outside India 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.
CITIZENSHIP ACT, 1955
• . By Registration
• The Central Government may, on an application, register as a citizen of India any person (not
being an illegal migrant) if he belongs to any of the following categories, namely:-
• 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;
(f) 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;
• (g) 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.
CITIZENSHIP ACT, 1955
• By Naturalisation
• The Central Government may, on an application, grant a certificate of naturalisation to any person (not being an illegal
migrant) if he possesses the following qualifications:
• (a) that she 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;
• (b) that, if she is a citizen of any country, she undertakes to renounce the citizenship of that country in the event of his
application for Indian citizenship being accepted;
• hat she has either resided in India or been in the service of a Government in India or partly the one and partly the
other, throughout the period of twelve months immediately preceding the date of the application;
• (d) that during the fourteen years immediately preceding the said period of twelve months, s
he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for
periods amounting in the aggregate to not less than eleven years;
• (e) that he is of good character;
(f) that he has an adequate knowledge of a language specified in the
• Eighth Schedule to the Constitution3 ; and
(g) that in the event of a certificate of naturalisation being granted to
• Her/him, she intends to reside in India, or to enter into or continue in, service under a Government in India or under an
international organisation of which India is a member or under a society, company or body of persons established in
India. However, the Government of India 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.
Termination of Indian Citizenship
• Termination of citizenship is possible in three ways as per the Act:
1.Renunciation: If any citizen of India who is also a national of another country
renounces his Indian citizenship through a declaration in the prescribed
manner, he ceases to be an Indian citizen. When a male person ceases to be a
citizen of India
2. Every minor child of his/her 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 his intention to resume Indian citizen­ship.
3.Termination: Indian citizenship can be terminated if a citizen knowingly or
voluntarily adopts the citizenship of any foreign country.
4.Deprivation: The government of India can deprive a person of his citizenship
in some cases. But this is not applicable for all citizens. It is applicable only in
the case of citizens who have acquired the citizenship by registration,
naturalization, or only by Article 5 Clause (c) (which is citizenship at
commencement for a domicile in India and who has ordinarily been a resident
of India for not less than 5 years immediately preceding the commencement
of the Constitution).
Amendments of the Citizenship Act
• The act has been amended six times in 1986, 1992, 2003, 2005, 2015 and 2019.
• Through these amendments, Parliament has narrowed down the wider and
universal principles of citizenship based on the fact of birth.
• Moreover, the Foreigners Act places a heavy burden on the individual to prove that
he/she is not a foreigner.
• 1986 Amendment:
• Unlike the constitutional provision and the original Citizenship Act that gave
citizenship on the principle of jus soli to everyone born in India, the 1986
amendment to Section 3 was less inclusive as it added the condition that those
who were born in India on or after January 26, 1950 but before July 1, 1987, shall
be an Indian citizen.
• Those born after July 1, 1987 and before December 4, 2003, in addition to one’s
own birth in India, can get citizenship only if either of his parents was an Indian
citizen at the time of birth.
The Assam Accord 1985
• The Assam Accord, signed in 1985, introduced Section 6A into the Citizenship Act, of 1955,
exclusively for Assam.
• This provision addresses the issue of large-scale migration preceding the 1971
Bangladesh Liberation War. Notably, it mandates the detection and deportation of
foreigners who entered Assam after March 25, 1971, marking the creation of
Bangladesh.
• The introduction of Section 6A reflects the specific historical and demographic
challenges faced by Assam during this critical period.
• Provisions and implications:
• Section 6A created a special provision for Assam by which persons of Indian origin who
came from Bangladesh before 1st January 1966, were deemed to be citizens of India as of
that date.
• Persons of Indian origin who came to Assam between 1st January 1966, and 25th March
1971, and who were detected to be foreigners, were required to register themselves
and were granted citizenship after 10 years of residence, subject to certain conditions.
• Persons who entered Assam after 25th March, 1971, were to be detected and deported in
accordance with the law.
2003 Amendment:
• The amendment made the above condition more stringent, keeping in view
infiltration from Bangladesh.
• Recently the law requires that for those 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.
• With these amendments, India has almost moved towards the narrow principle
of jus sanguinis or blood relationship.
• This lays down that an illegal migrant cannot claim citizenship by naturalisation
or registration even if he has been a resident of India for seven years.
• 2015 Amendment:
• The Citizenship (Amendment) Act, 2015, has modified the provisions pertaining
to the Overseas Citizen of India (OCI) in the Principal Act. It has 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.
What is Overseas Citizenship of India (OCI) Card?

• The concept of OCI was introduced in response to demands for dual

citizenship by the Indian diaspora, particularly in developed countries.
• The Ministry of Home Affairs defines an OCI as a person who:
• Was a citizen of India on or after 26th January 1950; or
• Was eligible to become a citizen of India on 26th January 1950; or
• Is a child or grandchild of such a person, among other eligibility criteria.
• According to Section 7A of the OCI card rules, an applicant is not eligible for the OCI
card if he, his parents, or grandparents have ever been a citizen of Pakistan or
Bangladesh.

• The category was introduced by the government in 2005. The

Government of India via the Citizenship (Amendment) Act, 2015
merged the Person of Indian Origin (PIO) category with the OCI
category in 2015.
Overseas Citizenship of India
• The Ministry of Home Affairs defines an OCI as a person who:

• Was a citizen of India on or after 26th January 1950; or

• Was eligible to become a citizen of India on 26th January
1950; or
• Is a child or grandchild of such a person, among other
eligibility criteria.
• According to Section 7A of the OCI card rules, an applicant is
not eligible for the OCI card if he, his parents or grandparents
have ever been a citizen of Pakistan or Bangladesh.
• The category was introduced by the government in 2005.
The Government of India via Citizenship (Amendment) Act, 2015
merged the Person of Indian Origin (PIO) category with OCI
category in 2015.
Benefits to OCI Cardholders
• OCI cardholders can enter India multiple times, get a multipurpose
lifelong visa to visit India, and are exempt from registering with
Foreigners Regional Registration Office (FRRO).
• If an individual is registered as an OCI for a period of five years,
he/she is eligible to apply for Indian citizenship.
• At all Indian international airports, OCI cardholders are provided
with special immigration counters.
• OCI cardholders can open special bank accounts in India, buy the
non-farm property and exercise ownership rights and can also
apply for a Permanent Account Number (PAN) card.
• Limitations:OCI cardholders do not get voting rights, cannot hold a
government job and purchase agricultural or farmland.
• They cannot travel to restricted areas without government
permission.
Current Status

• The OCI card scheme has been a key element of the Indian
government’s effort to deepen its relationship with its diaspora.
• As of March 2020, the Home Ministry had issued over 3.5 million
OCI cards. According to the Ministry of External Affairs (MEA), this
number had exceeded 4 million by early 2022.
• The vast majority were issued to foreign nationals in the United States,
United Kingdom, Australia, and Canada.

• The focus on expanding the OCI card scheme highlights India's

efforts to engage with and support its overseas Indian
communities around the world.
The Person of Indian Origin (PIO)
• PIO refers to a foreign citizen (except a national of
Pakistan, Afghanistan Bangladesh, China, Iran, Bhutan,
Sri Lanka and Nepal) who:
• at any time held an Indian passport or
• who or either of their parents/ grandparents/ great
grandparents were born and permanently resident in India as
defined in Government of India Act, 1935 and other territories
that became part of India thereafter or
• is a spouse of a citizen of India or a PIO.
Citizenship Act 2019
• 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.It also reduces the requirement for citizenship
from 11 years to just 5 years.
• Two notifications also exempted these migrants from the Passport
Act and Foreigners Act.
• A large number of organisations in Assam protested against this Bill
as it may grant citizenship to Bangladeshi Hindu illegal migrants.
• The justification given for the bill is that Hindus and Buddhists are
minorities in Bangladesh, and fled to India to avoid religious
persecution, but Muslims are a majority in Bangladesh and so the
same cannot be said about them.