On this page you will read detailed information about Citizenship Act 1955.
As an Indian citizen, gaining an understanding of the laws that govern citizenship in your country is imperative. The Citizenship Act of 1955 is the primary legislation that establishes the guidelines for acquiring and regulating citizenship in India. In this article, you will receive a comprehensive yet succinct overview of this seminal Act. The discussion will include the qualifications for citizenship, the procedures for obtaining it, and the provisions for renouncing or losing it. Special attention will be given to amendments to the Act, specifically the most recent 2019 amendment which has generated substantial debate. After reading, you will have a foundational grasp of the Act’s purpose, history, and main components. This knowledge will empower you to have informed opinions on citizenship policy and reforms in India.
What Is the Citizenship Act 1955?
The Citizenship Act, 1955 is the primary law regulating citizenship in India. It provides the means to acquire citizenship for those of Indian origin. The Act establishes the criteria for acquisition and termination of Indian citizenship.
Acquisition of Citizenship
There are five ways to become an Indian citizen under this Act:
By Birth
Any person born in India on or after 26 January 1950 but before 1 July 1987 is considered a citizen of India. Those born after 1 July 1987 are citizens if either parent was an Indian citizen at the time of birth.
By Descent
A person born outside India on or after 26 January 1950 but before 10 December 1992 is a citizen of India by descent if their father was an Indian citizen at the time of birth. Those born after 10 December 1992 are citizens if either parent was an Indian citizen at the time of birth.
By Registration
A person who is not an illegal immigrant can apply for Indian citizenship by registration if they meet certain criteria, such as marriage to an Indian citizen or continuous residence in India. Applicants must prove good character and knowledge of an Indian language.
By Naturalization
Foreigners who meet residency requirements and other qualifications may apply for Indian citizenship by naturalization. Applicants must renounce their current citizenship, prove good character, and have adequate knowledge of an Indian language.
By Incorporation of Territory
When India acquires new territory, the government may confer citizenship on people of that territory. Residents of territories that became part of India, such as Goa, are examples.
The Citizenship Act, 1955 establishes the legal basis for citizenship in India. It provides the framework for acquisition and termination of citizenship to create a spirit of common nationality and shared allegiance among citizens. By defining citizenship eligibility, it helps strengthen the sovereignty and security of the nation.
In the previous post, we had shared information about The Pharmacy Act 1948: A Guide for Pharmacists in India, so read that post also.
Key Provisions of the Citizenship Act, 1955
Acquisition of Citizenship by Birth
The Act provides for acquisition of citizenship by birth in India. A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents. A person born in India on or after 1st July 1987 is a citizen of India by birth if either of his parents is a citizen of India at the time of his birth.
Acquisition of Citizenship by Descent
A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent if his father was a citizen of India by birth at the time of his birth. A person born outside India on or after 10th December 1992 is a citizen of India by descent if either of his parents is a citizen of India at the time of his birth.
Acquisition of Citizenship by Registration
The Central Government may register any person as a citizen of India if he belongs to any of the following categories:
- Persons of Indian origin who are ordinarily resident in India for 7 years before making an application for registration.
- Persons who are married to citizens of India and who are ordinarily resident in India for 7 years before making an application for registration.
- Minor children of persons who are citizens of India.
- Persons of full age and capacity who are citizens of a country that became independent from British rule and opted for Indian citizenship.
The citizenship acquired by registration may be terminated by renunciation or deprivation. The Central Government has the power to terminate the citizenship of a person acquired by registration on certain specified grounds.
Acquisition of Citizenship by Naturalization
A foreigner may acquire Indian citizenship by naturalization if he fulfils the following conditions:
- He is not a citizen or national of a country where citizens of India are prevented by law or practice from becoming citizens or nationals of that country by naturalization.
- He has renounced the citizenship of his own country.
- He has either resided in India or been in the service of the Government of India for 12 years in the 14 years preceding the date of his application.
- He is of good character.
- He has an adequate knowledge of any Indian language specified in the Eighth Schedule of the Constitution.
- He has signed a declaration of allegiance to the Constitution of India.
The citizenship acquired by naturalization may also be terminated by renunciation or deprivation under certain circumstances as specified in the Act.
Acquisition of Citizenship Under the Act
Citizenship by Birth
The Act provides that every person born in India on or after 26 January 1950 but before 1 July 1987 is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India if both parents are citizens of India or one parent is a citizen of India and the other is not an illegal migrant.
Citizenship by Descent
A person born outside India on or after 26 January 1950 but before 10 December 1992 is a citizen of India by descent if their father was a citizen of India at the time of their birth. Those born outside India on or after 10 December 1992 are considered citizens of India if either parent was a citizen of India at the time of birth. However, if the parent through whom citizenship is claimed acquired Indian citizenship by registration or naturalisation, then the child can claim citizenship by descent only if the parent was a citizen of India at the time of the child’s birth.
Citizenship by Registration
The Central Government may register any person as a citizen of India under section 5 of the Act if they belong to any of the categories specified in the Third Schedule. These include persons of Indian origin residing outside India, persons married to Indian citizens, minor children of persons who are Indian citizens or of Indian origin, etc. Persons who have rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress may also be granted citizenship by registration.
Citizenship by Naturalization
A foreigner may be granted citizenship of India by naturalization after residing in India for 12 years. The applicant must be of good character and have adequate knowledge of a language specified in the Eighth Schedule of the Constitution. The Central Government has the discretion to relax the residential qualification in special circumstances.
The Act provides the legal framework for acquisition and determination of Indian citizenship. It aims to provide citizenship to all those who are or were eligible to become citizens of India at the commencement of the Constitution. The Act was amended several times to provide citizenship to different categories of people based on the changing realities.
Termination and Renunciation of Citizenship
Loss of Citizenship
As an Indian citizen, you can lose your citizenship in a few circumstances. If you voluntarily acquire citizenship of another country, your Indian citizenship will automatically terminate. The government can also revoke your citizenship if it was obtained through fraud, concealment of material facts or willful misrepresentation.
Renunciation of Citizenship
You may renounce your Indian citizenship if you are of sound mind and not less than 21 years of age. To renounce citizenship, you must submit an application with the requisite documents to the Ministry of Home Affairs. The application requires you to provide a written oath or affirmation that you renounce your citizenship and desire to acquire citizenship of another country.
Procedure for Renunciation
The procedure to renounce Indian citizenship is as follows:
- Submit Form XXII to the Ministry of Home Affairs declaring your intention to renounce citizenship. You must state the country of which you desire to become a citizen.
- Appear in person before the Ministry of Home Affairs and sign a declaration of renunciation of Indian citizenship. You must surrender your Indian passport.
- The declaration is registered and a certificate of renunciation is issued to you. Your name is struck off from the citizenship register.
- Apply for citizenship of the country mentioned in your declaration. The renunciation of Indian citizenship is dependent on the acquisition of citizenship of that country.
- If you fail to acquire citizenship of the other country within six months, the declaration of renunciation becomes void. Your Indian citizenship will revive and you may apply for a fresh passport.
The decision to renounce Indian citizenship is an important one with many legal and practical implications. Make sure you understand your rights and responsibilities before taking this step. With prudent consideration of your unique circumstances, renouncing citizenship could open up new life opportunities or simplify legal and financial matters. However, it also means irrevocably relinquishing the privileges of Indian citizenship.
Citizenship for Non Resident Indians
As per the Citizenship Act, 1955, the Central Government of India can grant citizenship to Non Resident Indians (NRIs) under certain conditions. NRIs are individuals of Indian origin who hold citizenship of another country.
Citizenship by Descent
Citizenship can be granted to NRIs on the basis of descent if they were born to Indian citizens or to individuals of Indian origin in undivided India. The applicant must provide proof of birth to an Indian citizen and evidence of relationship to that citizen. Examples of acceptable documents include birth certificates, passports, and marriage certificates.
Citizenship by Registration
NRIs can apply for citizenship by registration after residing in India for a specified period. The requirements are:
- The applicant must have been residing in India for at least 7 years before applying.
- The applicant must have the intention to continue residing in India after citizenship is granted.
- The applicant must be of good character.
- The applicant must take an oath of allegiance to the Constitution of India.
Citizenship by Naturalization
NRIs can acquire citizenship through naturalization by meeting the following qualifications:
- The applicant must have resided in India for at least 12 years before applying.
- The applicant must have the intention to continue residing in India after citizenship is granted.
- The applicant must be able to communicate in one of the native languages of India.
- The applicant must have good knowledge and understanding of the Constitution of India and Indian culture.
- The applicant must be of good character and have an oath or affirmation of allegiance to the Constitution of India.
In conclusion, the Citizenship Act, 1955 provides various provisions through which NRIs can acquire Indian citizenship. By understanding the requirements and documents needed, NRIs can determine the appropriate path based on their own unique situations.
Applying for Indian Citizenship: Process and Documents
To apply for Indian citizenship, you will need to submit an application to the Ministry of Home Affairs. The application process and documents required will depend on the category under which you are applying, such as by descent, naturalization, or registration.
By Descent
If you were born to Indian parents or grandparents, you are eligible to apply for citizenship by descent. You will need to provide proof of relationship to your Indian ancestor, such as a birth certificate showing names of parents, as well as documents proving your ancestor’s Indian citizenship, such as their passport, OCI card, or voter ID.
By Naturalization
Naturalization is available to foreign spouses of Indian citizens and persons of Indian origin residing in India for 12 years. You will need to submit documents proving your relationship to an Indian spouse or your Indian origin, as well as proof of residency in India for the required time period, such as utility bills, rental agreements, or bank statements. Knowledge of any Indian language specified in the Eighth Schedule to the Constitution is also required.
By Registration
Persons of Indian origin and non-Indian spouses of Indian citizens may be eligible for citizenship by registration after residing in India for 7 years. Required documents are similar to those for naturalization. Registration applicants do not need to demonstrate language proficiency.
The application process involves submitting the required forms and documents to your nearest Foreigners Regional Registration Office (FRRO) or Indian consulate. The Ministry of Home Affairs will review applications and may conduct an interview before approving or denying the application. If approved, you will need to attend an oath ceremony to complete the process. The time required for application processing can vary significantly, so apply well in advance of any deadline.
Acquiring Indian citizenship opens up various rights and benefits as well as responsibilities. Make sure you understand all aspects fully before embarking on the application process. With proper preparation and documentation, you can become an Indian citizen.
Recent Amendments to the Citizenship Act, 1955
The Citizenship Act, 1955 establishes the citizenship of India. It has been amended multiple times since its enactment to keep up with the changing realities. Some of the significant amendments made in recent years are:
The Citizenship (Amendment) Act, 2003 relaxed the provision for registration and naturalization of children, as well as certain categories of persons of Indian origin. It allowed persons of Indian origin up to the fourth generation to register as citizens. It also permitted minors to apply for citizenship on the basis of parents’ or grandparents’ citizenship or eligibility.
The Citizenship (Amendment) Act, 2005 permitted the Central Government to relax the period of stay in India required for registration and naturalization in respect of certain categories of people. It empowered the Central Government to waive the 12-month waiting period for people of Indian origin and their spouses.
The Citizenship (Amendment) Act, 2015 permitted foreign investors to acquire Indian citizenship. It allowed foreign investors of Indian origin and their families to register as citizens if they invest a minimum of 15 crore rupees in India.
The Citizenship (Amendment) Act, 2019 fast-tracked citizenship for refugees belonging to specific minority communities from Pakistan, Afghanistan and Bangladesh. It amended the Citizenship Act, 1955 to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from the three countries eligible for citizenship. The Act reduced the residence requirement for naturalization of these groups from 11 years to 5 years.
The amendments made to the Citizenship Act, 1955 over the years have made the law more inclusive by reducing the qualifying period for various categories of people to acquire Indian citizenship. At the same time, the law also aims to protect the interests of native citizens by putting certain restrictions on dual citizenship and by preventing illegal immigrants from becoming citizens. The Citizenship Act continues to evolve to serve the changing needs of the country.
Frequently Asked Questions on Citizenship Act 1955
As an Indian citizen, it is important to understand your rights and responsibilities. The Citizenship Act, 1955 lays down the rules for citizenship acquisition and determines who is an Indian citizen. Here are some common questions about this act:
There are five ways to become an Indian citizen:
Citizenship by birth: Any person born in India on or after 26 January 1950 but before 1 July 1987 is considered an Indian citizen by birth. For those born after 1 July 1987, one of the parents must be an Indian citizen at the time of birth.
Citizenship by descent: A person born outside India on or after 26 January 1950 but before 10 December 1992 is eligible for citizenship by descent if either of their parents was an Indian citizen at the time of birth. For those born after 10 December 1992, both parents must be Indian citizens for the child to acquire citizenship.
Citizenship by registration: Indian citizenship can be acquired by a person of Indian origin who lives in India for at least 7 years before applying for citizenship. Applicants who are married to Indian citizens are eligible after 5 years of residence.
Citizenship by naturalization: Foreigners who live in India for at least 12 years before applying are eligible to apply for Indian citizenship by naturalization. Applicants must meet certain qualifications regarding character, knowledge of a language, etc.
Citizenship by incorporation of territory: When a new territory becomes part of India, the government can grant citizenship to people of that territory. For example, when Goa joined India in 1961, Goans were granted Indian citizenship.
No, India does not allow dual citizenship. Holding citizenship of another country automatically terminates Indian citizenship. However, the government can permit applicants to hold Overseas Citizen of India (OCI) status along with citizenship of another country. OCI status provides benefits like a long-term Indian visa and rights to travel, work, and study in India.
Conclusion
As you have seen, the Citizenship Act of 1955 remains a foundational piece of legislation that defines Indian citizenship. Its provisions have had far-reaching impacts on millions seeking refuge or new lives in India. While amendments over the decades have updated the Act, it retains its original aim of balancing openness with security. Looking ahead, additional changes seem likely as India’s leaders balance humanitarian concerns, economic needs, and national security interests. For now, the Act stands as a complex legal framework that shapes the composition of modern Indian society. As an engaged citizen, you must stay informed on this law and contribute thoughtfully to debates on any future reforms.
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