This document summarizes India's Citizenship Act of 1955 and the history of Indian citizenship. It outlines the key ways Indian citizenship can be acquired: by birth within India to Indian parents; by descent from an Indian parent; through registration if ordinarily resident in India for a number of years; and through naturalization if a foreigner resides in India for 12 years. It also describes the Overseas Citizenship of India and Person of Indian Origin Card programs, as well as exceptions allowing dual citizenship in some cases like children of foreign diplomats born in India.
2. WHAT IS CITIZENSHIP ??
⦸ Individual’s full political membership in the state
⦸ Permanent allegiance to the state
⦸ Individual’s integration into the political system
⦸ Legal relationship between the individual and state
3. HISTORY
• Indian Constitution on 26 January 1950, the Indians were no longer
British subjects. However, a number of Indians did not acquire
Indian citizenship on commencement of the Indian Constitution
and retained British subject without citizenship status (which
entitles a person to a British passport) unless they had acquired
citizenship of another Commonwealth country.
4. HISTORY CONTD….
• On 20 December 1961, India acquired the territories of Goa,
Daman and Diu and Dadra and Nagar Haveli after the military
action which were under the territories of Portugal. The French
territory of Puducherry, Karaikal, Mahé, Yanam and the Free town
of Chandranagore, were acquired under treaty of cession with
France. Sikkim was also merged with India and became a
constituent state with effect from 16 May 1975. Some of the
enclaves in the eastern part of India, were also acquired under
border agreements with Pakistan and Bangladesh respectively
5. HISTORY CONTD…
• In order to expressly provide the citizenship for people in territories
as mentioned above, the central government issued the Goa, Daman
and Diu (Citizenship) Order, 1962, Dadra and Nagar Haveli
(Citizenship) Order, 1962 and Citizenship (Pondicherry) Order 1962,
in exercise of its powers under section 7 of the Citizenship act and for
Sikkim, the President extended the Citizenship act, and the relevant
rules under Article 371-F(n) of Indian Constitution. In case of
acquired enclaves, that did not necessitate legislative action, as that
was only a border demarcation agreement.
6. INTRODUCTION
The constitution of India provides a single citizenship for the entire country.
The citizenship act enacted by the parliament in 1955 provides for acquisition,
renunciation, termination, deprivation and determination of Indian citizenship,
the act provides the acquisition of India citizenship by birth, descent,
registration, naturalization
The conferment of a person, as a citizen of India is governed by articles 5 to
11of Indian constitution the legislation related to this matter is citizenship act
1955, which has been amended by
The citizenship act 1986
Citizenship act 1992
Citizenship act 2003
Citizenship act 2005
7. CITIZENSHIP ACT 1955
Indian citizenship can be acquired by birth, descent, registration and naturalization. The condition and
procedure for the acquisition of Indian citizenship as provision of the citizenship Act, 1955 is given
below
1.Citizenship by birth
Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986
Act on 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 only if both of their
parents are citizens of India
In September 2013, Bombay High Court gave a judgment that a birth certificate, passport or even an
Aadhaar card alone may not be enough to prove Indian citizenship, unless the parents are Indian
citizens
8. 2. Citizenship by descent
Persons born outside India on or after 26 January 1950 but before
10 December 1992 are citizens of India by descent if their father
was a citizen of India at the time of their birth
Persons born outside India on or after 10 December 1992 are
considered citizens of India if either of their parents is a citizen of
India at the time of their birth
From 3 December 2004 onwards, persons born outside of India
shall not be considered citizens of India unless their birth is
registered at an Indian diplomatic mission within one year of the
date of birth
9. 3.Citizenship by registration
A person of Indian origin who is ordinarily resident in India for seven years before making
application under Section 5(1)(a)
A person of Indian origin who is ordinarily resident in any country or place outside undivided
India
A person who is married to a citizen of India and is ordinarily resident in India for seven years
before making an application for registration
Minor children of persons who are citizens of India
A person of full age and capacity whose parents are registered as citizens of India
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 one year immediately before making an application for
registration
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 one year before making an application for
registration.
10. •Citizenship by naturalization
Citizenship of India by naturalization can be acquired
by a foreigner (not illegal migrant) who is ordinarily resident
in India for 12 years and other qualifications as specified in
Third Schedule to the Citizen Act.
11. • Overseas Citizenship of India
In response to persistent demands for dual citizenship,
particularly from the diaspora in North America and other
developed countries, the Overseas Citizenship of India (OCI)
scheme was introduced by amending The Citizenship Act,
1955 in August 2005.
The scheme was launched during the Pravasi Bharathiya
Devas convention at Hyderabad in 2006
The OCI card is not a substitute for an Indian visa and
therefore, the passport which displays the lifetime visa must
be carried by OCI holders while travelling to India
12. • Persons of Indian Origin (PIO)
Card
This was a form of identification
issued to an individuals who held a
passport in a country other than
Afghanistan, Bangladesh, Bhutan,
China, Nepal, Pakistan and Sri
Lanka and could prove their Indian
origin up to three generations
before.
13. • Dual Citizenship
There are still some ways in which a person may have dual citizenship of India
and another country, including:
Children of foreign diplomats, who are born in India, are also given dual
citizenship till the period of their parents' service in India.
A minor child of Indian origins may hold dual citizenship of India and
another country.
14. VISA REQUIREMENTS FOR INDIAN CITIZENS
• Visa requirements for Indian Citizens are administrative entry
restrictions by the authorities of other states placed on citizens of
India in according to the 2014 Visa Restriction Index .