INDIAN CITIZENSHIP CARD
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 for acquisition of Indian
Citizenship by birth, descent, registration and naturalization.
Acquisition of Indian Citizenship
- The salient features of conditions and procedures for acquisition of Indian Citizenship as per the
provisions of Indian Citizenship Act, 1955 are mentioned below:
1. By Birth (Section 3):
i. Every person born in India on or after the 26.01.1950 but before 01.07.1987 is a citizen
of India by birth irrespective of the nationality of his/her parents.
ii. Every person born in India between 01.07.1987 to 02.12.2004 is a citizen of India
provided either of his/her parents is a citizen of India at the time of his/ her birth.
iii. Every person born in India on or after 03.12.2004, shall be citizen of India provided both
of his/her parents are citizens of India or one of whose parents is a citizen of India and
the other is not an illegal migrant at the time of his/ her birth
2. By Registration (section 5):
Citizenship of India by registration can be acquired byi. A person of Indian origin who is ordinarily resident in India for seven years before
making an application for registration; or
ii. A person of Indian origin who is ordinarily resident in any country or place outside
undivided India; or
iii. A person who is married to a citizen of India and is ordinarily resident of India for seven
years before making an application for registration; or
2
iv. Minor children of persons who are citizens of India; or
v. A person of full age and capacity whose parents are registered as citizens of India
section 5(1) (a) of this sub- section or sub- section (1) of section 6; or
vi. A person of full age and capacity who, or either of his/ her parents, was earlier citizen of
independent India, and has been residing in India for one year immediately before
making an application for registration; or
vii. 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
3. By Naturalisation (section 6):
Citizenship of India by naturalization can be acquired by a foreigner (not being an illegal
migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve
months immediately preceding the date of application and for eleven years in the aggregate in
the fourteen years preceding the twelve months) and fulfils other qualifications as specified in
third schedule to the act, 1955.
3. Termination of Indian Citizenship (Section 9)
Any citizen of India who by naturalization, registration or otherwise voluntarily acquires, or has
at any time between the 26th January, 1950 and the commencement of this Act, voluntarily
acquired the citizenship of another country shall, upon such acquisition or, as the case may be,
such commencement, cease to be a citizen of India.
4. Renunciation of Citizenship
If any citizen of India of full age and capacity makes in the prescribed manner a declaration
renouncing his Indian Citizenship, the declaration shall be registered by the prescribed
authority, and, upon such registration, that person shall cease to be a citizen of India.
i. If any such declaration of renunciation is made during any war in which India may be
engaged, registration thereof shall be withheld until the Central Government otherwise
directs.
3
ii. Where a person ceases to be a citizen of India under sub- section (1) every minor child
of that person shall thereupon cease to be a citizen of India. Any such child may, within
one year after attaining full age, make a declaration (in the prescribed form and manner)
that he wishes to resume Indian citizenship and shall thereupon again become a citizen
of India.
5. DETERMINATION OF CITIZENSHIP (Section 9(2)
i. Any question that arise about the manner of acquisition of the citizenship of another
country by any citizen of India, the same shall be determined by the Central
Government.
ii. For the purpose of determining any question relating to the acquisition by an Indian
citizen of the citizenship of any other country, the Central Government may make such
reference as it thinks fit in respect of that question or of any matter relating thereto, to its
Embassy in that country or to the Government of that country and act on any report or
Information received in pursuance of such reference.
iii. The fact that a citizen of India has obtained on any date a passport from the Government
of any other country shall be conclusive proof of his having voluntarily acquired the
citizenship of that country before that date.
iv. In determining whether a citizen of India has or has not voluntarily acquired the
citizenship of any other country, the Central Government may take the following
circumstances into consideration, namely:-
a. Whether the person has migrated to that country with the intention of making it
his permanent house
b. Whether he has in fact taken up permanent residence in that country; and
c. Any other circumstances relevant to the purpose
6. Deprivation of Indian Citizenship (Section 10)
A citizen of India who is such by naturalization or by virtue only of clause (c) of article 5 of the
Constitution or by registration otherwise than under clause (b) (ii) of article 6 of the Constitution
4
or clause (a) of sub- section (1) of section 5 of this Act, shall cease to be a citizen of India, if he
is deprived of that citizenship by an order of the Central Government under this section.
Subject to the provisions of this section, the Central Government may, by order, deprive any
such citizen of Indian citizenship, if it is satisfied that –
i. The registration or certificate of naturalization was obtained by means of fraud, false
representation or the concealment of any material fact or
ii. That citizen has shown himself by act or speech to be disloyal or disaffected towards the
Constitution of India as by law established or
iii. That citizen has, during any war in which India may be engaged unlawfully traded or
communicated with an enemy or been engaged in, or associated with, any business that
was to his knowledge carried on in such manner as to assist an enemy in that war or
iv. That citizen has, within five (5) years after registration or naturalization, been sentenced
in any country to imprisonment for a term of not less than 2 years or
v. That citizen has been ordinarily resident out of India for a continuous period of seven
years, and during that period, has neither been at any time a student of any educational
institution in a country outside India or in the service of a Government of India or of an
international organization of which India is a member, nor registered annually in the
prescribed manner at an Indian consulate his intension to retain his citizenship of India.
Our Services
