The Citizenship Act, 1955 deals with the governing citizenship of India. However, Article 5 to 11 of the Constitution of India only talks about the who were the citizen till 26 January, 1950.

According to Article 11 of the Indian Constitution, the parliament has the power to make or amend laws relating to the Indian citizenship. Which is why the Indian Parliament passed the Citizenship Act, 1955.

PROVISIONS OF CITIZENSHIP ACT, 1955:[i]

There are five ways by which a person can acquire Indian citizenship, which are listed under Section 3,4,5 and 6 of the Citizenship Act, 1955. They are:

1. By Birth;
2. By Descent;
3. By Registration;
4. By Naturalization; and
5. By Acquisition or Incorporation of Territory.

1. BY BIRTH: Section 3 of this act gives out the provision for acquiring citizenship by birth. The following conditions are to be met:
   1. If a person is born in the territory of India, he shall be a citizen of India.
   2. A person born on or after 26 January 1950 but before 1 July 1987, irrespective of the citizenship of parents. It is called jus soli (right of soil).
   3. A person born on or after 1 July 1987 but before 3 December 2004. Either of the parents of the person born should be a citizen of India at the time of birth. It is called jus sanguins (right of blood or descent).
   4.  A person born on or after 3 December 2004. Both the parents of the child born should be a citizen of India at the time of birth.
   5.  A person shall not acquire citizenship of India if any of his parents is envoy (foreign diplomat) or enemy alien or an illegal immigrant.
2. BY DESCENT: Section 4 of this act gives out the provision for acquiring citizenship by descent. The following conditions are to be met:
   1. If a person is born outside India on or after 26 January 1950, but before 10 December 1992 will be considered as a citizen of India. But subject to the fact that his father must be a citizen of India at the time of birth.
   2. If a person born on or after 10 December 1992 but before 3 December 2004, either of the parent (mother or father) must be having citizenship of India.
3. BY REGISTRATION: Section 5 of this act gives out the provision for acquiring citizenship by registration. The following conditions are to be met:
   1. If a person is of Indian origin, who was ordinarily a resident of India for seven years before making an application for registration.
   2. If a person is married to a person of Indian citizenship and is ordinarily residing in India for seven years before making the application for registration.
   3.  If a person is minor and parents are a citizen of India.
   4. A person who or his parents were earlier citizens of India after independence and is residing in India for a year before making the application for registration.
   5. If a person is registered as an overseas citizen of India (a foreigner of Indian origin who is given a status to work and live in the territory of India) and is residing for one year before making the application for registration.
4. BY NATURALIZATION Section 6 of this act gives out the provision for acquiring citizenship by naturalization. The following conditions are to be met:
   1. Citizenship is acquired by making an application to the central government.
   2. For granting citizenship to a person, the criteria of the third schedule of this act must be satisfied.
   3. The person to whom citizenship certificate is to be granted must be of good character, must have knowledge of any language given in the eight schedule of the constitution, must not be an illegal migrant, and must have renounced the previous citizenship.
   4. The person must have resided (lived) in India for 11 years in the previous 14 years and one year immediately before the time of making the application.
   5. If the person has made a significant contribution or rendered service to the fields like science, arts, literature, human progress, the government may waive off the conditions given in the third schedule of this act.
5. BY ACQUISITION OR INCORPORATION OF TERRITORY: If any territory or state becomes a part of India, then the central government shall declare it as a part of the Union of India by issuing official Gazette. In this way, their population too becomes a citizen of India.

SOURCES:

[i] Richen Norbu Wangchuk, How to Become an Indian Citizen, THE BETTER INDIA, (NOV 30, 10 PM), https://www.thebetterindia.com/

Aishwarya Says:

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