The Constitution of India provides for single citizenship that means if you wish to become a citizen of India or are a Citizen of India you cannot hold citizenship of any other country. Citizenship in India is largely characterized as jus sanguinis and a person can become a citizen by birth, descent, registration and naturalization. Article 5 to 11 of Indian Constitution deals with the regulation of citizenship at the commencement of Constitution. The Citizenship Act regulates the acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.

Different criteria for acquiring Indian Citizenship –

 

  1. Citizenship by Birth

Under the 1955 Act, a person born in India on or after January 26, 1950, and before July 1, 1987, is considered as a citizen by birth “regardless of his parents ‘ nationality. A person born in India on or after 1 July 1987, but before 3 December 2004, “is considered by birth to be a citizen of India if either of his parents are a citizen of India at the time of his birth.” Every person born in India on or after 3.12.2004 is a citizen of the country given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth.

 

  1. Citizenship by Descent

The determination of citizenship by descent often includes various time periods. A person born outside India on or after 26 January 1950 but before 10 December 1992 is by descent a citizen of India “if his father was a citizen of India by birth at the time of birth.” However, if the father was a citizen of India by descent only, “that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.”

Furthermore, a person born outside India on or after 10 December 1992, but before 3 December 2004, is considered a citizen of India “if either parent was a citizen of India by birth at the time of his birth.” Unless either parent was a citizen of India by descent, that person is not considered a citizen of India “unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.”

Thirdly, a person born outside India to a parent of an Indian citizen on or after 3 December 2004 is not a citizen of India “unless the parents declare that the minor does not hold a passport from another country and that 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 that time.”

 

  1. Citizenship by Registration

Persons of Indian Origin (PIOs) can also be registered as Indian citizens. The Citizenship Act stipulates that the Central Government can register as a citizen, on application, a person who belongs to the following categories, namely,

  1. A person of Indian originwho has been a resident of India for 7 years before applying for registration.
  2. A person of Indian origin who is a resident of any country outside undivided India.
  • A person who is married to an Indian citizenand is resident for 7 years before applying for registration.
  1. Minor childrenof citizens of India.
  2. A person of full age and capacity who was (or has a parent who was) previously a citizen of independent India, and who has been residing for one year immediately before making an application for registration.
  3. 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 twelve months before making an application for registration.

 

  1. Citizenship by Naturalization

In India, citizenship by naturalization can be acquired by any foreigner, not being an illegal migrant, who is ordinarily a 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).”  In addition to the above, the applicant must possess qualifications such as:

  • The Applicant must be of a country which does not bar Indian citizens from applying for citizenship.
  • The Applicant must renounce his citizenship in the event of his citizenship being accepted.
  • The Applicant is of a good character
  • The Applicant has adequate knowledge of any of the 22 languages provided in the Eighth Schedule i.e. Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu and Urdu.
  • The Applicant intends to reside in India or enter into or continue in service under Government of India or any international Organization.

 

 

These requirements, however, can be waived 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. The person to whom a certificate of naturalization is granted shall, “on taking an oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalization as from the date on which that certificate is granted.” Further, the Government of India is empowered to issue a “certificate of citizenship of India” to any person whose citizenship of India is in doubt, unless it is proved that it was obtained by fraud, false representation or concealment of material fact.

 

CITIZENSHIP AMENDMENT ACT, 2019

The Citizenship (Amendment) Act, 2019 provides for fast-track citizenship for persecuted minority groups i.e. any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, and makes it possible for them to apply for Indian citizenship if they have been ordinarily residing in India for a period not less than five years.