The methods of securing Indian Citizenship are prescribed in the Indian Citizenship act,1955.
As per the Indian Citizenship Act 1955
- Citizenship by Birth- Every person born in India on or after January 26,1950 shall be a citizen of India by birth, provided the person father is not an enemy alien or a representative of diplomatic mission.
- Citizenship by Descent- A person born outside the Indian territory on or after January 26 ,1950 shall be citizen India by descent if his father or mother ( as amended in 1992) is a citizen of India at the time of birth, provided such birth is registered in any of Indian consolates.
- Citizenship by Registration-Many categories of persons, who have not acquired Indian citizenship so far, can acquire citizenship by registering themselves to that effect before the prescribed authority.Such categories of persons are
- Persons of Indian origin residing outside the territory of undivided India.
- Those persons of India 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 citizen of india.
- Children of Indian Citizen and
- Adult citizen of UK, Canada, Australia,New Zealand, South Africa, Pakistan, Cylone, Zimbabwe, Nyasiland and Republic of Ireland.
A person of Indian origin means any person who himself or either of his parents or his grandparents is born in undivided India.
4. Naturalisation– A foreign citizen not covered by any of the above methods, can get Indian Citizenship on the application of Naturalisation to the government of India; with the following conditions:
- He shall not be citizen of a country, with respect to which Government of India has prohibited Naturalisation;
- He has surrendered the Citizenship of his country;
- He has been ordinarily resident in India for atleast one year before making application or has been in the service under the Indian Government.
- He has been a resident of India for 7 years or has been in the service for four years under the government of India just before the one year period mentioned above.
- He bears a good moral character
- He has knowledge of any of the Indian languages mentioned in the Eighth schedule of the constitution of India; and
- after getting Naturalisation, he intends to reside in India or to serve under the government of India.
The government of India has the discretion to relax any or all the above conditions with respect to those applicants for Naturalisation who have made significant contributions in the field of art, literature, science, philosophy, world peace or human progress.
As amended in 1985, this provision of relaxing the above condition is also applicable with respect to persons applying for Indian citizenship under Assam Agreement.
5. Citizenship by Incorporation of Territory- If any new territory becomes part of India, the Government of India shall specify as to which person of that territory shall be a citizen of India.
Only such specified person shall be a citizen shall be given citizenship of India.
Amendment in the Citizenship Act- Parliament amended the Citizenship Act 1955 in 1992 to make Provisions that the child born outside India shall also be a citizen of India if the mother of such a child is a citizen of India.
Before this amendment, only that child was entitled to get Indian Citizenship whose father was a citizen of India.
Here’s a table outlining the methods of acquiring citizenship in India, based on the provisions of the Indian Citizenship Act, 1955:
| Method of Acquiring Citizenship | Description | Conditions | Documents Required |
|---|---|---|---|
| By Birth | A person born in India automatically acquires Indian citizenship. | – Born in India after January 26, 1950. – Person’s parents are not foreign diplomats or enemy aliens. | Birth certificate, proof of parents’ nationality, and residence status. |
| By Descent | A person born outside India to Indian parents can acquire citizenship. | – At least one parent must be an Indian citizen at the time of birth. – The birth must be registered with an Indian consulate. | Birth certificate, parents’ Indian citizenship proof, and consulate registration. |
| By Registration | Foreign nationals can acquire Indian citizenship by registering with the government. | – Must have resided in India for 7 years immediately before applying. – Must be of full age and capacity. | Proof of continuous residence, application form, personal details, and character certificate. |
| By Naturalization | Foreign nationals can acquire citizenship by naturalization. | – Must have resided in India for 12 years in the 14 years preceding the application. – Must be able to speak one of the Indian languages. | Proof of residence, language proficiency, and legal documents establishing stay. |
| By Annexation | A person in a territory annexed by India may acquire citizenship. | – Must be a person residing in a territory annexed to India. | Evidence of residence in the annexed territory, annexation documents, and citizenship registration. |
| By Marriage | A foreign woman married to an Indian citizen can acquire citizenship. | – Must have been married to an Indian citizen for at least 7 years. – The woman must declare her intent to stay in India permanently. | Marriage certificate, husband’s proof of Indian citizenship, and residence proof. |
Sources
- https://ncert.servloci.in/2011/09/q-what-are-provisions-for-securing_5416.html