THE CITIZENSHIP ACT, 1955

The Act provides for the acquisition of Indian citizenship after the
commencement of the Constitution in 5 ways, i.e.,

1. By birth (Section 3)
2. By descent (Section 4)
3. By registration (Section 5)
4. By naturalization (Section 6)
5. By incorporation of territory (Section 7)

BY BIRTH (SECTION 3)

Every person born in India –

(a) On or after 26th January, 1950, but before 1st July, 1987 (CAA, 1986)
(b) On or after 1st July, 1987, but before the commencement of CAA, 2003
And
Either of whose parent is a citizen of India at the time of his birth;
(c) On or after the commencement of CAA, 2003 – WHERE
(i) both of his parents are citizens of India, or
(ii) one of whose parents is a citizen of India, and other is not an illegal
immigrant at the time of his birth,

Shall be a citizen of India by birth.

A person shall not be a citizen of India, by virtue of this section, if at the time of
his birth –

(a) Either his father or mother, possesses such immunity from suits or legal
process, as is accorded to an envoy of a foreign sovereign power accredited
to the President of India
And
He or she, as the case may be, is not citizen of India.
(b) His father and mother is an enemy alien and the birth occurs in a place then
under the occupation by enemy.
 CITIZENSHIP BY DESCENT (SECTION 4)

A person born outside India shall be a citizen of India by descent –

(a) On or after 26th January, 1950, but before 10th December, 1992 (CAA, 1992)
- If his father is a citizen of India at the time of his birth.
(b) On or after 10th of December, 1992 –
If either of his parent is at the time of his birth, in service under
Government of India.

Proviso to Section 4:

If the father of the person referred to clause (a) was a citizen of India by descent
only –

That person shall not be a citizen of India by virtue of this section, unless –

(a) His birth is registered at the Indian consulate within 1 year of its occurrence
or the commencement of this Act, whichever is later; OR
(b) Either of his parent is at the time of his birth – in service under the
Government in India.

Proviso to Section 4:

On or after the commencement of CAA, 2003 – a person shall not be a citizen of

India –

Unless his birth is registered at an Indian Consulate within 1 year of its occurrence
or the commencement of CAA, 2003, whichever is later.

But no such birth shall be registered – unless the parents of such person declare
that the minor does not hold the passport of another country.

CITIZENSHIP BY REGISTRATION (SECTION 5)

The Central Government may, on an application made in this behalf, register as a

citizen of India any person –
 (i) Not being an illegal migrant; or
(ii) Who is not already a citizen by any of the provisions of the Constitution
or this Act.

He or she can register as a citizen only if he or she belongs to any of the

following categories namely:-

(a) A person of Indian origin who is ORI (Ordinarily Resident in India) for 7
years – before making an application for registration;
(b) A person of Indian origin who is OR in any country or place outside
undivided India;
(c) A person who is married to a citizen of India AND is ORI for 7 years –
before making an application for registration;
(d) Minor children of persons who are citizens of India;
(e) A person of full age and capacity whose parents are registered as
citizens of India under Section 5(1)(a) or Section 6(1);
(f) A person of full age and capacity, who OR either of his parents –
Was earlier citizen of Independent India
AND
Has been residing in India for 1 year immediately before making an
application for registration;
(g) A person of full age and capacity who has been registered as an OC
(Overseas Citizen) of India for 5 years,
AND
Who has been residing in India for 1 year – before making an application
for registration.

EXPLANATION 1:

ORI (Ordinarily Resident in India):

(1) He has resided in India throughout the period of 12 months –

immediately before making an application;
AND
 (2) He has resided in India during the 8 years immediately preceding the
said period of 12 months – for a period of not less than 6 years.

EXPLANATION 2:

A person shall be deemed to be of Indian origin if –

He or either of his parent was born in undivided India OR in such other territory
which became part of India, after 15th August, 1947.

BY NATURALISATION (SECTION 6):

If any person of full age and capacity (but not an illegal migrant) makes an
application for the grant of certificate of naturalization,

The Central Government may grant him the certificate – if it is satisfied that the
applicant is qualified under the provisions of THIRD SCHEDULE of the Act.

THIRD SCHEDULE (Qualifications for Naturalisation)

(a) He is not a subject or citizen of any country where citizens of India are
prevented from becoming citizens of that country by naturalization;
(b) He is a citizen of any country and has renounced the citizenship of that
country and notified to the Central Government;
(c) He has either resided in India OR been in the service of Govt. of India
OR
Partly the one and partly the other,
- Throughout the period of 12 months immediately preceding the date of
application;
(d) During the 14 years immediately preceding the said period of 12 months –
He has either resided in India OR been in the service of Govt. of India
OR
Partly the one and partly the other,
– in the aggregate to not less than 11 years;
(e) He is of good character;
(f) He has adequate knowledge of language specified in the EIGHTH SCHEDULE
of the Constitution;
 (g) In the event of grant of a certifcate, he must intend to reside in India or to
serve India.

Once the certificate of naturalization has been granted the person shall have to
take an oath of allegiance as per SECOND SCHEDULE of this Act and be a citizen of
India from the date it is granted.

If in the opinion of the Central Government, if the applicant is a person who has
rendered distinguished service 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.

CITIZENSHIP BY INCORPORATION OF TERRITORY (SECTION 7):

If any territory becomes part of India, the Central Government may, by order
notified in the Official Gazette, specify the persons who shall be citizens of India
by reason of their connection with that territory.

Those persons shall be citizens of India from that date.

*******************************************************************