Methods of acquiring citizenship in India
Methods of Acquiring Citizenship in India
Citizenship in India is primarily governed by The Citizenship Act, 1955, supplemented by constitutional provisions. The methods by which a person can acquire Indian citizenship are broadly classified as:
1. Citizenship by Birth
Under Section 3 of the Citizenship Act, 1955, a person born in India on or after January 26, 1950 is a citizen by birth, subject to conditions that have evolved over time.
Key Points:
From January 26, 1950 to July 1, 1987, anyone born in India was a citizen by birth regardless of the parents’ nationality.
From July 1, 1987 to December 3, 2004, a person born in India was a citizen only if either parent was an Indian citizen.
From December 3, 2004 onwards, a person is a citizen by birth only if both parents are Indian citizens, or one parent is a citizen and the other is not an illegal migrant.
2. Citizenship by Descent
Under Section 4, a person born outside India can acquire citizenship by descent if at least one parent is an Indian citizen at the time of birth.
The rules for descent vary depending on the date of birth and registration requirements.
The child’s birth must be registered at an Indian consulate within a stipulated time.
3. Citizenship by Registration
Under Section 5, persons of Indian origin or those married to Indian citizens can apply for registration as Indian citizens.
This method is applicable to:
Persons of Indian origin residing outside India.
Persons who have resided in India for a prescribed period.
Persons married to Indian citizens.
Registration involves fulfilling residency and good character requirements.
4. Citizenship by Naturalization
Under Section 6, a foreigner who has resided in India for 12 years (throughout the 12 months before application and 11 years in the aggregate) and fulfills other criteria (good character, language knowledge) can apply for citizenship by naturalization.
The central government may grant citizenship by naturalization on a case-by-case basis.
5. Citizenship by Incorporation of Territory
Under Section 7, when any new territory becomes part of India, the government can specify conditions under which the people of that territory will acquire Indian citizenship.
Example: Integration of Goa, Daman & Diu, and Sikkim.
6. Other Provisions
Illegal migrants are generally excluded from citizenship.
Citizenship can also be terminated or renounced under certain conditions.
Constitutional Context
Article 5 to 11 of the Indian Constitution initially dealt with citizenship but were later overridden by the Citizenship Act.
The Constitution empowers Parliament to regulate citizenship.
Important Case Laws
1. L.I.C. of India v. Manubhai Pragaji Vashi (1969)
The Supreme Court held that citizenship is a legal status created by statute and that the Citizenship Act governs citizenship, not the Constitution directly.
Citizenship is not a fundamental right but a statutory right.
2. Girish Ramchandra Deshpande v. Union of India (1991)
The Court held that citizenship can be regulated by Parliament and is subject to reasonable restrictions.
3. Sarbananda Sonowal v. Union of India (2005)
The Supreme Court dealt with the status of illegal migrants and citizenship issues, clarifying that illegal migrants do not acquire citizenship and can be deported.
4. Shafin Jahan v. Asokan K.M. (2018)
Although primarily dealing with personal law, the Supreme Court reiterated the importance of statutory citizenship laws and the need to respect citizenship status conferred by law.
Summary
| Method | Governing Section | Key Points |
|---|---|---|
| By Birth | Section 3 | Birth in India, conditions on parents’ citizenship |
| By Descent | Section 4 | Born outside India to Indian parents |
| By Registration | Section 5 | Persons of Indian origin or spouses, residency requirement |
| By Naturalization | Section 6 | Foreigners fulfilling residency, language, and character requirements |
| By Incorporation of Territory | Section 7 | Acquisition of citizenship upon territory integration |
Conclusion
Citizenship in India is primarily a statutory right regulated by the Citizenship Act, 1955, with specific conditions for acquisition laid out in different sections. While citizenship is not a fundamental right, it is protected by statutory procedures. The Indian judiciary has consistently upheld the government's power to regulate citizenship, balancing national sovereignty with individual rights.
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