Methods of acquiring citizenship in India

Citizenship is a crucial aspect of a person’s legal status in a country, providing them with various rights, privileges, and responsibilities. In India, citizenship is governed by the Citizenship Act, 1955, which outlines the methods through which an individual can acquire Indian citizenship. 

Definition of Citizenship

Citizenship refers to the legal status and membership of an individual in a particular country or nation, entitling them to certain rights, privileges, and responsibilities. It is a formal recognition by a country’s government that an individual is a member of the state and is entitled to protection and benefits under its laws and Constitution. 

Citizenship typically entails rights such as the right to vote, the right to work and reside in the country, access to social services, and protection under the country’s legal system. At the same time, citizenship also carries responsibilities, such as obeying the country’s laws, paying taxes, and participating in civic duties.

The Citizenship Act, 1955

Citizenship in India is regulated by the Citizenship Act, 1955, which outlines the provisions, procedures, and requirements for acquiring, retaining, and renouncing Indian citizenship. Indian citizenship is based on a combination of birth, descent, registration, naturalization, and incorporation of territory, as well as other special provisions.

What are the methods of acquiring citizenship in India?

There are five primary methods of acquiring citizenship in India, including birth, registration, descent, naturalization, and incorporation of territory, each with its own set of provisions and procedures.

I. Citizenship by Birth (Section 3 of the Citizenship Act, 1955)

One of the primary methods of acquiring citizenship in India is through birth. The Citizenship Act, 1955 grants citizenship to individuals who are born in India, subject to certain conditions. The provisions for acquiring citizenship by birth are as follows:

Birth in India: Any person born in India on or after January 26, 1950, but before July 1, 1987, is considered an Indian citizen by birth, irrespective of the nationality of their parents.

Birth in India to Indian Parents: A person born in India on or after July 1, 1987, is considered an Indian citizen by birth if either of their parents is a citizen of India at the time of their birth.

Birth in India to Unknown Parents: If a person is found abandoned in India and their parentage is not known, they are considered Indian citizens by birth.

II. Citizenship by Registration (Section 5 of the Citizenship Act, 1955)

To be eligible for Indian citizenship, an individual must meet certain criteria. Firstly, they must have been an ordinary resident of India for at least seven years prior to their application. Additionally, they may qualify if they are a resident of undivided India and are married to an Indian citizen. 

In addition to these categories, minor children of Indian citizens, individuals of full age and capacity with at least one Indian parent, and those registered as overseas citizens of India are also eligible to register as Indian citizens.

III. Citizenship by Descent (Section 4 of the Citizenship Act, 1955)

Citizenship by descent is another method through which individuals can acquire Indian citizenship. 

As per the citizenship laws of India, a person’s citizenship status depends on various factors, including their date of birth and the citizenship status of their parents. If an individual was born on or after January 26, 1950, but before December 10, 1992, outside of India, they are considered a citizen of India if their father held Indian citizenship at the time of their birth.  This means that the father’s citizenship status determines the child’s citizenship in this case.

However, for individuals born outside of India after December 10, 1992, a different set of rules apply. According to the amended citizenship laws, an individual is considered a citizen of India if either their mother or father held Indian citizenship at the time of their birth. This update recognises the equal status of mothers in determining the citizenship of their children born abroad.

IV. Citizenship by Naturalization (Section 6 of the Citizenship Act, 1955)

Another method of acquiring citizenship is by naturalization is a legal process through which an individual who is not born in a particular country can acquire citizenship of that country. In the context of India, citizenship by naturalization is governed by the Citizenship Act, 1955, which outlines the procedures and requirements for foreigners to become Indian citizens.

To be eligible for citizenship by naturalization in India, an individual must have resided in India for at least 12 years continuously prior to the date of application. They must also have resided in India for a total of 14 years within the 20 years immediately preceding the date of application. 

Additionally, the individual must possess good character, have a sound mind, and be proficient in Hindi or any other language specified in the Eighth Schedule of the Indian Constitution.

V. Citizenship by Incorporation of Territory (Section 7 of the Citizenship Act, 1955)

Citizenship by incorporation of the territory is a legal concept that pertains to the acquisition of citizenship when a territory is incorporated into a sovereign state or country. This typically occurs when a previously separate territory becomes an integral part of a nation through annexation, merger, or other means.

In the context of India, citizenship by incorporation of territory is governed by the Citizenship Act, 1955, which outlines the conditions and procedures for individuals residing in territories that are incorporated into India to become Indian citizens.

According to the Citizenship Act, individuals who were born in a territory that subsequently becomes a part of India, or who have been residing in that territory for a specified period of time, may be eligible for Indian citizenship by incorporation of territory. The Act specifies the conditions and requirements that need to be met, including provisions related to the date of incorporation, duration of residence, and other relevant factors.

Conclusion

Acquiring citizenship in India can be achieved through various methods, including birth, registration, descent, naturalization, and incorporation of territory. Each method has its own set of provisions, procedures, and requirements, as outlined in the Citizenship Act, 1955. It is essential for individuals seeking Indian citizenship to understand the relevant provisions and follow the prescribed procedures to ensure a smooth and lawful acquisition of citizenship.