Citizenship Act 1955 and Provisions of Indian Citizenship

India has single citizenship and there is no dual citizenship except for minors where the second nationality was involuntarily acquired.  A citizen of India is a citizen of all Indian territories. This feature is a unitary feature in contrast with the double citizenship prevailing in several countries. For example in USA, a citizen of US at the same time is also a citizen of California or other states.

The single citizenship also reflects the social and political conditions created at that time by partition. During communal riots, large number of Hindus and Muslims migrated to and from Pakistan. At that time, it was necessary to respond to situation created by lots of refugees. At the same time, many people who lived abroad applied for Indian Citizenship because now they had decided to live in newly freed country. All these factors had made the matter of citizenship very complicated.

How one can become Indian Citizen?

Constitution of India did not codify permanent laws for citizenship and put this onus on parliament. Using the powers of article 10 and 11, the parliament enacted Citizenship Act 1955 which has been amended from time to time. This act mentions four ways in which a person may be Indian citizen viz. by birth, by descent, by registration and by naturalization. Citizenship by birth and descent are called natural citizens.  Summary of these provisions are as follows:

Citizenship by Birth

Every person born in India on or after Jan 26, 1950 is a citizen of India provided his / her father is not an enemy alien or representative of a diplomatic mission.

Citizenship by Descent

A person born outside India on or after Jan 26, 1950 shall be a citizen of India by descent if his father or mother is a citizen of India at the time of his birth; provided such birth is registered in any of Indian consulates.

Citizenship by Registration

A person can acquire citizenship by registering themselves with prescribed authority. Such categories of persons are:

• Persons of Indian origin residing outside the territories of undivided India
• Those persons of Indian origin who are ordinarily residents in India and have been so resident for 6 months immediately before making application for registration
• Women who are married to citizens of India
• Children of Indian citizens
• Adult citizens of commonwealth country or republic of Ireland

Citizenship by Naturalization

A foreign citizen not covered by any of the above methods can get Indian citizenship on application of Naturalisation to the Government of India; with the following conditions

• Belongs to a country where the citizens of India are allowed to become subjects or citizens of that country by naturalization.
• Renounces the citizenship of his country and intimated the renunciation to the Government of India.
• Has been residing in India or serving the government for 12 months before the date of making application for naturalization.
• Possess a good character
• Posses working knowledge of Indian Languages
• Intends to reside in India after naturalization.

Further, Government of India can waive any or all of the above conditions in case of a person who has rendered distinguished service in the cause of Philosophy, science, literature, arts, world peace etc.

Citizenship by incorporating a new territory

If a new territory becomes a part of India, the government of India specifies the persons of that territory who shall be citizens of India.

Commonwealth Citizenship

Every person who is born in commonwealth country, by virtue of that citizenship enjoys the status of Commonwealth Citizenship in India. The act empowers the government of India to make provisions of reciprocity for the enforcement of all or any rights of Citizens of India on citizens of commonwealth countries.

How a person can lose Nationality?

The Citizenship Act envisages three situations under which a citizen of India may lose his Indian nationality. Section 9 deals with the automatic termination of citizenship and Section 10 deals with the deprivation of citizenship.

• By Renunciation: If any citizen of India who is also a national of another country renounces his citizenship through declaration of in the prescribed manner, he ceases to be Indian Citizen.
• By Termination: Any person who acquired Indian Citizenship by naturalization, registration or otherwise, has voluntarily acquired citizenship of another country at anytime between January 26, 1950 to December 30,1955, shall have ceased to be an Indian Citizen.
• Deprivation: Section 10 of the Citizenship Act 1955 empowers the government to deprive a citizen of his citizenship by issuing an order. However this power may not be used in case of every citizen. It applies only to those, who acquired Indian Citizenship. This might be because of obtaining citizenship on false documentations etc.

Important Notes on Citizenship

1. Most constitutional and statutory posts in India are reserved for Indian Citizens. Here, we need to note that no such Post is reserved only for naturally born citizens. A person who has aquired Indian Citizenship by available means is also eligible for such posts, unless otherwise mentioned.

2. ONLY central government has been given power to deprive a person from his / her citizenship.

3. NRIs are Indian Citizens. The concepts such as OCI and PIO don’t confer citizenship.