What are some basic things I should know about acquring Indian Citizenship before acquiring the same.
Dated: 2021-10-19 14:48:17
A friend of mine wants to acquire Indian Citizenship. Could you just provide us an outline of the Indian Citizenship.
Answers by Lawyers
Citizenship law in India is governed by the Citizenship Act of 1955 and The Constitution of India. The Constitution specifically deals with the citizenship of a person who has migrated from Pakistan to India (Article 6) and the person who has migrated from India to Pakistan and has returned back to India ( article 7). The Constitution provides for basics of the Citizenship, while the act deals the same in detail. Mainly, the act deals with the acquisition, renunciation, termination, deprivation and determination of the Indian Citizenship. It provides grounds such as birth, descent, registration and naturalisation as grounds for obtaining Indian Citizenship.
Indian Citizenship by Birth : -
Section 3 of the Indian Citizenship Act provides for acquisition of Indian Citizenship by birth. The grounds are : -
- Person born in India after 26/1/1950 but not after 1/7/1987 is a citizen of India irrespective of the nationality of his/her parents.
- Person born in India after 1/7/1987 to 2/12/2004 is a citizen of India provided that either of his/her parents were of Indian Nationality at the time of his birth.
- Person born after 3/12/2004, shall be the citizen of India when both of his/her parents are the citizens of India, and neither of them should be an illegal migrant to the country at the time of the birth.
- The person does not acquire Indian Citizenship by birth if his/her father/mother is a diplomat (granted immunity from legal suits and process) at the time of the birth.
Citizenship by Registration : -
- A person of Indian origin who is resident of India for the past seven years before filing the application.
- A person of Indian origin who has been residing in other country or outside undivided India. This means that, the person is currently not residing in India, but was residing in India, for a min period of 6 yrs before filing the application for registration of his Citizenship.
- A person who is married to a citizen of India and is ordinarily resident of India for seven
years before making an application for registration
- Minor children of persons who are citizens of India
- A person who is a major, who or either of his parents were earlier the Citizens of India, and has been residing in India for one year before making an application for registration.
- 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 Naturalisation : -
A foreigner who is not an illegal migrant can acquire Indian Citizenship, who is the ordinary resident of India for a period of 12 years, or an aggregate of 11 years in the 14 years, preceding the 12 months.
Termination of Indian Citizenship
Article 9 of the Constitution of India and Section 9 of the Indian Citizenship Act of 1955, state that any person who acquires citizenship of any other country voluntarily, shall not be the citizens of India.
- If a person wishes to renounce his Indian Citizenship then he must make an application of the same to the prescribed authority and the same shall be registered by the authority. The person doing so must have attained the age of majority and should have the capacity to do so.
- In case there is some kind of emergency prevailing in the country then, the registration of the renunciation should be withheld till the time Central Government directs otherwise.
- Moreover it is important to note that the minor child of the Person renouncing his Citizenship also cease to be the Citizen of India, and in case the minor after attaining the age of majority, wishes to Continue as an Indian Citizen then he must make the application for it, within the period of one year.
Deprivation of Citizenship : -
A Citizen of India can be deprived by the Central Government, of his Citizenship, if it is satisfied that:-
- The registration or certificate of naturalization was obtained by means of fraud, false
representation or the concealment (misleading or hiding) of any material fact.
- The Citizen has acted against the law established.
- The Citizen has unlawfully traded or communicated information with the enemy, and assisted the enemy in the war, or is associated with the enemy, in which India was involved.
- The citizen has, within five (5) years after registration or naturalization, been sentenced in any country to imprisonment for a term of not less than 2 years.