The primary legislative framework describing the rules and procedures regulating Indian citizenship is the Citizenship Act of 1955, usually referred to as the Citizenship Act. The Citizenship Act has undergone several revisions throughout the years, with the most recent taking place in 2019 and establishing new regulations explicitly targeting immigrants from persecuted groups.
Citizenship types in India
The following methods are listed in the Citizenship Act as ways for someone to get Indian nationality:
By birth
People who are citizens of India by birth include those brought into the world in the country between January 26, 1950, and July 1, 1987. Citizenship also includes those brought into the world at the latest January 1, 1986. This originated before the viable date of the Citizenship Demonstration of 2003, given their folks were Indian citizens at the time of their introduction to the world. Those brought into the world on or after the beginning of the Citizenship (Amendment), 2003, fit for nationality if one of their folks is an Indian citizen. Notably, Indian citizenship by birth is not applicable under Section 3 if either parent, serving as a foreign representative, enjoys legal protection. It is also not applicable if the individual is born in enemy-occupied territory with an enemy alien parent.
By ancestry
If born abroad to Indian citizen parents and registered with the nation’s consulate, the individual is considered an Indian citizen by descent. Section 4 of the Citizenship Act specifies the procedures for determining nationality by descent in India. Under three conditions, citizenship by descent is given. In children born between January 26, 1950, and December 10, 1992, the father had to be an Indian citizen. Registering with the Indian consulate is necessary if the father is a citizen by ancestry, or the parents must work for the government. If either parent is an Indian citizen for babies after December 10, 1992, nationality is automatically conferred. Registration criteria are the same whether a parent is a citizen by ancestry or works for the government. Once the 2003 Amendment Act took effect, registration at the Indian consulate was required within a year of birth or later than that date. The federal government must provide approval for registration following this time frame.
By registration
Individuals who do not qualify as illegal immigrants and fall into specific categories have the opportunity to apply for nationality by submitting a registration application to the Central Government. These categories include:
- People of Indian origin who have lived in India for over 7 years.
- An individual of Indian origin who lives in a country other than India.
- A foreigner with seven years of residence in India who is married to a national.
- Indian nationals’ minor children.
- A person whose parents have at least one Indian citizenship on record.
Eligibility for Indian nationality extends to specific categories. This is such as Overseas Citizens of India (OCI) who, after residing abroad for at least five years and spending a year in India, can apply. Another category involves individuals living in India for a year, either as former citizens of independent India or offspring of former citizens. Candidates in this class submit applications to the government for assessment in light of given data. To meet the standards, residents must have lived in India for somewhere around eight years before the citizenship application, including the most recent year. The central government crucially assesses applications to determine compliance with the country’s nationality requirements.
By naturalization
Persons who meet the conditions of the third schedule of the Citizenship Act may apply for a grant of naturalization with the Central Government and register to become a citizen. Following acceptance and the taking of the oath of loyalty, anybody will be regarded as an Indian citizen. Eligibility conditions for naturalization include:
- Non-citizens in a country barring Indians from seeking citizenship through naturalization.
- Will renounce foreign citizenship if the Indian citizenship application is approved.
- 12-month Indian residency or government service before application; preceding years’ continuity required.
- Possesses good character.
- Adequate knowledge of any language specified in the country’s Constitution.
- Intends to reside in India post-completion of the naturalization process.
Dual citizenship
The Indian Constitution prohibits holding two citizenships. Being a citizen of both India and another nation at the same time is not permitted. Indian-born individuals may, however, apply to become Overseas Citizens of India (often referred to as OCI cards). Owners of OCI cards are not regarded as citizens of India, yet they are given comparable privileges thanks to their unique status.
You may also find these articles helpful