What are the ways for the acquisition of Citizenship under the Indian Citizenship Act?

 Chapter 2:

What are the ways for the acquisition of Citizenship under the Indian Citizenship Act?

Citizenship by birth – Section 3

Every person shall be a citizen of India by birth who is born in India:

On or after 26th January 1950 but before 1st July 1987.

On or after the 1st July 1987 but before the commencement of the Citizenship (Amendment) Act, 2003 where one of his parents is a citizen of India at the time of his birth.

On or after the commencement of the Citizenship (Amendment) Act, 2003 where― 

(i) both of his parents are citizens of India; or

(ii) one of his parents is a citizen of India and the other is not an illegal migrant at the time of his birth.

A person shall not be a citizen by virtue of their birth where:

His father or mother possesses such immunity from suits as is provided to an envoy of foreign sovereign power authorized to the President of India and is not a citizen of India; or

His father or mother is an enemy alien and his birth happens in a territory occupied by the enemy.

Citizenship by Descent – Section 4

Every person shall be a citizen of India by descent who was born outside India:

On or after 26th January 1950 but before 10th December 1992 if his father is an Indian Citizen at the time of his birth.

On or after 10th December 1992 if either of his parents is an Indian citizen at the time of his birth.

However after the commencement of the Citizenship (Amendment) Act, 2003, a person shall not be considered a citizen of India if their birth is not registered at an Indian consulate within one year of his date of birth, or with the permission of the Central Government, after the expiry of the said period. The application of registration shall contain an undertaking from the parents declaring that their minor child does not hold a passport of another country.

Position of minor

A minor who is an Indian Citizen under this section and is also a citizen of some other country shall cease to be a citizen of India if he does not renounce the citizenship of that country within six months of attaining the full age.

Citizenship by Registration – Section 5

Any person may be registered by the Central Government as a citizen of India, on his application, if such person is not an illegal immigrant and belongs to the following categories:

Who is of Indian origin and is ordinarily resident of India for seven years before making an application under Section 5(a).

Who is of Indian origin and is ordinarily resident in any country or place outside undivided India.

Who is married to a citizen of India and is ordinarily resident in India for seven years before making the application.

Who is a minor and his parents are citizens of India.

Who is of full age and capacity and his parents are registered as citizens of India.

Who is of full age and capacity, and if he himself or either of his parents was an earlier citizen of Independent India, and has been residing in India for one year before making an application for registration.

Who is of full age and capacity and registered as an Overseas Citizen of India for five years and has been residing in India for one year before making an application.

For the purposes of clauses (1) and (3), a person is deemed to be ordinarily resident if he resided in Indian for twelve months immediately before making the application and for the six years in the aggregate in the eight years preceding twelve months.

Citizenship by Naturalisation – Section 6

A foreigner who is not an illegal immigrant and 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 aggregate in the fourteen years immediately preceding twelve months) can get Citizenship of India by Naturalisation subject to other qualifications as specified in the Third Schedule to the Act.

However, if in the opinion of the Central Government, the applicant has rendered some distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule.

Citizenship by incorporation of territory – Section 7

Where a territory becomes a part of India, the Central Government may by its order specify the persons who shall become citizens of India because of their connection with that territory.