Citizenship under the Citizenship Act, 1955.

Parliament, in exercise of the power given to it under Article 11 of the Constitution, has passed
the Citizenship Act. 1955, making provisions for acquisition and termination of citizenship after
the commencement of the Constitution. The Act provides for the acquisition of Indian citizenship
after the commencement of the Constitution in five ways, Le, birth, descent, registration,
naturalization and incorporation of territory.

Acquisition of Citizenship -

 Citizenship by birth (Section 3).-

The new Section 3 for the existing Section 3 provides that except as provided in sub-section (2)
every person bom in India (a) on or after 26th Jan., 1950 but before Ist July, 1987 (b) on or after
Ist July, 1987 but before the commencement of the Citizenship (Amendment) Act, 2003 and
cither of whose parents is a citizen of India at the time of his birth (c) Oti or after the
commencement of the Citizenship (Amendment) Act, 2003 where (1) 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
migrant 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 and 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, or (b) his father and mother is an enemy alien.

 Citizenship by descent (Section 4).—

According to new sub-section (1) of Section 4-A person born outside India shall be citizen of
India by descent-(a) on or

after 26th Jan., 1950 but before 10th of Dec., 1992 if his father is a citizen of India at the time of
his birth, or (b) on or after 10th day of Dec., 1992 if either citizen of India at the time of his birth.
his parents is a

Provided that if the father of a person referred to in 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 one year of its occurrence or the commencement of this
Act, whichever is later, or with the permission of the Central Government, after the expiry of the
said period, or (b) either of his parents is at the time of his birth, in service under Government in
India

Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003, a
person shall not be a citizen of India by virtue of this section unless his birth is registered at an
Indian Consulate in such form and manner as may be prescribed (1) within one year of its
occurrence or the commencement of the Citizenship (Amendment) Act. 2003 whichever is later
or (ii) with the permission of the Central Government, after the expiry of the said period.

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. A minor who is citizen of India by virtue of this section
and is also citizen of another country shall cease to be citizen of India-if he does not renounce the
citizenship of another country within six months of his attaining full age.

 Citizenship by Registration (Section 5).-

The prescribed authority may on application register a citizen of India any person not being an
illegal migrant who is not already such citizen by virtue of the Constitution or of any other
provisions of this Act if he belongs to any of the following categories—a) a person of Indian
origin who is ordinarily resident of India for seven years before making an application for
registration (b) persons of Indian origin who is ordinarily resident in any country or place outside
undivided India (c) person who is married to a citizen of India and is ordinarily resident of India
for seven years before making an application for registration (d) minor children of persons who
are citizens of India (c) a person of full age and capacity whose parents are registered as citizens
of India under clause (a) of this sub-section or sub-section (1) of Section 6 (1) a person of full
age and capacity who 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 (g) 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 two years before making an application for
registration.

For purposes of Clauses (a) and (c) an applicant shall be deemed to be ordinarily resident of
India (1) if he has resided in India for 12 months immediately before making an application for
registration (11) he has resided in India during 8 years immediately preceding the said period of
12 months for a period of not less than 6 years.
  Citizenship by naturalisation.-

Where an application in the prescribed manner is made by any persons of full age and capacity.
"not being an illegal migrant" the Central Government may, if satisfied that the applicant is
qualified for naturalization, grant him a certificate of naturalization. The qualifications for
naturalization are the following :-

 he must not be a citizen of a country where Indian citizens are prevented from becoming
citizen by naturalization he has renounced the citizenship of the other country,
 he has either resided in India or has been in Government service for 12 months before the
date of making the application for naturalization, or during 7 years prior to these 12
months, he has resided or has been in the Government service for not less than four years.
 he must take an oath of allegiance,
 he is of a good character
 he has an adequate knowledge of a language recognised by the Constitution
 that after naturalization being granted to him, he intends to reside in India or to serve
under the Government of India.
 However, if in the opinion of the Central Government the applicant has rendered
distinguished service to the cause of science, philosophy, art, literature, world peace or
human progress it may waive all or any of the above conditions for naturalization in his
case.

 Citizntship by incorporation of territory.—

If any new territory becomes a part of India, the Government of India shall specify the persons of
the territory to be citizens of India. (Section 7).

Termination of citizenship.—

The Citizenship Act, 1955, also lays down how the citizenship of India may be lost whether it
was acquired under the Citizenship Act. 1955. or prior to it, under the provisions of the
Constitution. It may happen in any of the three ways: (a) renunciation. or (b) termination, and (c)
deprivation.
 (a) Renunciation of citizenship.-

An Indian citizen of ull age and capacity who is also a citizen or national of another country) can
renounce his Indian citizenship by making a declarati o et tout such a declaration is made during
any war in which India is engaged, the registration shall be withheld until the Central
Government otherwise directs. When a male person renounces his citizenship. every minor child
of his ceases to be an Indian citizen. Such a child may, however, resume Indian citizenship if he
makes a declaration to that effect within a year of his attaining full age, that is, 18 years. (Section
8).

(b) Termination of citizenship –

If a citizen of India voluntarily acquires the citizenship of another country he shall cease to be a
citizen of India. This provision. however, does not apply to a citizen who during a war in which
India may be engaged voluntarily acquires the citizenship of another country. If any question
arises as to whether, when or how any person has acquired the citizenship of another country, it
is to be determined by such authority and in such manner as may be prescribed by the rules.
(Section 9)

(c) Deprivation of citizenship.—

Deprivation is a compulsory termination of the citizenship of India. A citizen of India by

naturalization, registration, domicile and residence, may be deprived of his citizenship by an
order of the Central Goverment if it is satisfied that--a) registration or naturalization was
obtained by means of fraud, false representation or concealment of any material factor (b) he has
shown himself by act or speech to be disloyal or disaffectionate towards the Indian Constitution;
or (e) during a war in which India may be engaged he has unlawfully traded or communicated
with the enemy; or (d) within five years of his registration or naturalization he has been
sentenced to imprisonment for not less than two years or (e) he has been ordinarily residing out
of India for seven years continuously

Before making an order depriving citizenship, the Central Government is to give to the person
concerned a written notice containing the ground on which the order is proposed to be made and
in certain cases he might have his case referred to a Committee of Inquiry. The Central
Government is then bound to refer the case to a Committee consisting of a Chairman and two
other members. The Committee of Inquiry shall hold the inquiry and the Central Government is
to be ordinarily guided by its report in making the order.