The Citizenship Act 1955 provides for acquisition and loss of citizenship after the commencement of the Constitution. This act prescribes five ways to acquire Citizenship in India.
Indian Citizenship by Birth
| Date of Birth | Conditions for citizenship |
| January 26th 1950 – July 1st 1987 | A person born in India during this period shall be a citizen irrespective of the nationality of their parents. |
| On or after July 1st 1987 | A person born in India on or after this date shall be a citizen if either of their parents is a citizen of India at the time of their birth. |
| On or after December 3rd 2004 | A person born in India after this date shall be a citizen if both of their parents are Indian citizens or if one of their parents is an Indian citizen and the other is not an illegal migrant in the country at the time of their birth. |
Indian Citizenship by Descent
| A person born outside India | Citizenship |
| On or after 26th January 1950 but before 10th December 1992 | Regarded as a citizen if their father held citizenship at the moment of their birth. |
| On or after December 10th 1992 | Regarded as a citizen if at least one of their parents was a citizen of India when they were born.. |
| On or after December 3rd, 2004 | The parents (who are citizens of India) have to declare that their minor child does not hold a passport of any other country. The birth has to be registered within one year of the date of birth at an Indian Consulate in that country. If the said term has expired, registration can be done with the approval of the Central Government. |
Indian Citizenship by Registration
The Central Government may grant citizenship to any individual (who is not an illegal migrant) upon application if they fall under any of the following categories:
- A person of Indian origin who has been a resident in India for a minimum of seven years prior to submitting their citizenship application.
- A person of Indian origin who lives in any foreign country or location outside of undivided India;
- A person married to an Indian citizen who has resided in India for the last seven years can apply for citizenship.
- Minor children of parents holding Indian citizenship.
- An individual who is of legal age and has the mental capacity, and who was either a citizen of independent India themselves or through their parents, must have lived in India for the twelve months right before applying for citizenship;
- An individual of legal age and capacity who has held an overseas citizen of India card for five years and has resided in India for the twelve months prior to applying for citizenship.
All of the aforementioned categories must take an oath of allegiance prior to their registration as Indian citizens.
Indian Citizenship by Naturalisation: Eligibility Criteria and Process
Upon application, the Central Government may issue a certificate of naturalisation to any individual (who is not an illegal migrant) who satisfies the following conditions:
- He/she has either lived in India or worked for a government in India or a combination of both throughout the twelve months immediately before the application date,
- Throughout the fourteen years preceding those twelve months, he/she has either resided in India or worked for the Government of India, or a combination of both, for a total duration of not less than eleven years.
- He/she is of good character.
- He/she possesses sufficient knowledge of a language listed in the 8th Schedule of the Constitution.
According to Section 6 (Citizenship by Naturalisation) of the Citizenship Act 1955, the government has the authority to overlook all the aforementioned criteria if the individual seeking citizenship through naturalisation has made notable contributions to fields such as science, philosophy, art, literature, world peace, or human advancement. Individuals like J. B. S. Haldane and wildlife conservationist Romulus Whitaker have received citizenship from the government on these exceptional grounds.
Indian Citizenship by Incorporation of Territory
- If a foreign territory becomes part of India, the Indian Government specifies the persons (among the people of the territory) who shall be the citizens of India. They become citizens of India from the notified date.
- For instance, when Pondicherry became part of India in 1962, the central government released the Citizenship (Pondicherry) Order, 1962, in accordance with the Citizenship Act of 1955 to outline the process by which the residents of Pondicherry could acquire Indian citizenship.
Special Citizenship Provisions under the Assam Accord
The Citizenship (Amendment) Act of 1985 introduced following special provisions concerning citizenship of persons covered by the Assam accord: Clause 5 of the Assam accord dealt with the issue of foreigners i.e. detection of foreigners in Assam, deleting their names from the voters’ list and their deportation through practical means. With regards to this following provisions were made through the amendment.
| Cut – off date | Provisions |
| Prior to 1st January, 1966 | All persons of India origin who entered Assam prior to January 1st, 1966 from Bangladesh and have been ordinarily residents in Assam since the date of their entry shall be considered Citizens of India. In straightforward terms, those illegal immigrants who arrived in Assam before December 31, 1965 were to receive citizenship and voting rights right away. |
| January 1st, 1966 – 25th March, 1971 | All individuals of Indian origin who arrived in Assam between January 1, 1966, and March 25, 1971, were required to register as foreigners under the Registration of Foreigners Act, 1939. These individuals were to be disenfranchised, meaning they would not have the right to vote. The Assam Accord did not stipulate their deportation; instead, they would only be granted voting rights after a period of ten years from the date they were identified or declared as foreigners. |
| Post 25th March, 1971 | All other illegal immigrants, apart from those mentioned above, were required to be expelled from Assam. The recently amended Citizenship Act of 2019 has changed the cut-off date for citizenship from March 24, 1971, to December 31, 2014. In Assam, this is viewed as a move by the central government to renege on their commitment made in the Assam Accord, which aimed to safeguard the cultural identity of the Assamese people. |
Loss of Indian Citizenship
Constitutional Provisions
- Article 9: If an Indian Citizen becomes a citizen of any other country, he/she will automatically lose his/her Indian Citizenship.
The Citizenship Act 1955
This act prescribes three ways an Indian citizen can lose his/her citizenship
- By Renunciation: Loss of citizenship may occur when any Indian citizen of legal age and mental capacity makes a formal declaration to renounce their citizenship. Once this declaration is registered, the individual is no longer considered a citizen of India. Additionally, when someone renounces their citizenship, all minor children of that person also lose their Indian citizenship. However, once such a child turns 18, they can apply to regain their citizenship.
- By Termination: If an individual willingly acquires citizenship of another nation, their Indian citizenship will automatically be revoked. This rule, however, does not apply during a conflict in which India is actively involved.
- By Deprivation: The Central Government can revoke a person’s Indian citizenship under the following circumstances:
- Fraud: If an individual has obtained Indian citizenship through deceitful means.
- Disloyalty to the constitution: Disloyalty to the constitution: If a citizen has demonstrated disloyalty to the constitution.
- Connection with enemy: If a citizen has unlawfully engaged in trade or communication with an enemy during wartime.
- Imprisonment of naturalised citizen: If a person has gained Indian citizenship through naturalisation and has been imprisoned in any nation for over two years within five years after the registration or naturalisation of their citizenship.
- Ordinary resident: If the citizen has been regularly residing outside of India for a continuous period of seven years.
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