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Indian citizenship law is governed by the Constitution of India and the Citizenship Act, 1955, which has been amended several times. The law outlines the requirements for Indian citizenship by birth, descent, registration, and naturalisation. Indian citizenship law has a history of amendments and debates surrounding the inclusion of religious minorities and the exclusion of illegal migrants. The most recent amendment, the Citizenship (Amendment) Act, 2019, attracted criticism for using religion as a criterion for citizenship and sparked protests across the country.
| Characteristics | Values |
|---|---|
| Legislation governing nationality requirements | Constitution of India and the Citizenship Act, 1955 |
| Citizenship by birth | Applicable to all born in India between 26 January 1950 and 1 July 1987 |
| Citizenship by birth (after 1 July 1987) | Applicable if at least one parent was a citizen |
| Citizenship by birth (after 3 December 2004) | Applicable if both parents are citizens or one parent is a citizen and the other is not an illegal migrant |
| Citizenship by naturalisation | Applicable to foreigners after 12 years of residence and renunciation of previous nationalities |
| Reduced residence requirement for naturalisation | Applicable to members of certain religious minority communities from neighbouring countries (6 years) |
| Citizenship for overseas Indians | Introduced in 2003 |
| Citizenship for migrants from neighbouring countries | Applicable to persons from Afghanistan, Bangladesh, and Pakistan who belong to certain religious groups and entered India before 2015 |
| Deprivation of citizenship | Possible in certain cases, e.g., for citizens who acquired citizenship by registration or naturalisation |
| OCI Card | Multipurpose, multiple-entry lifelong visa for foreign nationals eligible for Indian citizenship on or after 26 January 1950 |
| PIO Card | Applicable to persons of Indian origin who are citizens of any country except Pakistan, Sri Lanka, Nepal, etc. |
| Amendments to Citizenship Act | 1986, 1992, 2003, 2005, and 2019 |
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What You'll Learn
Indian citizenship by birth, descent, registration and naturalisation
Indian citizenship can be acquired by birth, descent, registration, and naturalisation. The conditions and procedures for acquisition are outlined in the Citizenship Act, 1955.
Citizenship by Birth
All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship at birth, regardless of their parents' nationalities. From 1 July 1987 until 3 December 2004, children born in the country received Indian citizenship at birth if at least one parent was an Indian citizen. Since then, citizenship by birth is granted only if both parents are Indian citizens or if one parent is a citizen and the other is not considered an illegal migrant.
Citizenship by Descent
Children born overseas are eligible to become Indian citizens by descent if at least one parent is an Indian citizen. The birth of eligible persons must be registered at an Indian diplomatic mission within a specified time frame to obtain citizenship.
Citizenship by Registration
Citizenship by registration is available to certain non-citizens who meet specific criteria. These include individuals who are married to an Indian citizen, are minor children of Indian citizens, or are of Indian origin living in the country or in pre-partition India. Additionally, those whose parents are Indian citizens or who have held overseas citizenship for at least five years may also qualify. Eligible individuals must reside in India for at least 12 months before applying for registration and may be subject to additional residence requirements.
Citizenship by Naturalisation
Foreigners may become Indian citizens by naturalisation after residing in the country for a specified period, typically 12 years, and renouncing any previous nationalities. Members of certain religious minority communities from neighbouring countries, such as Hindus, Sikhs, and Buddhists from Afghanistan, Bangladesh, and Pakistan, qualify for a reduced residence requirement of six years.
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The Constitution of India and the Citizenship Act, 1955
According to the Constitution of India, individuals who were domiciled in India as of 26 November 1949 automatically became Indian citizens by virtue of citizenship at the commencement of the Constitution. This included those who were born in India, had at least one parent who was born in India, or had lived in India for at least five years before the Constitution came into effect. Additionally, individuals born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth, regardless of their parents' nationalities.
The Citizenship Act, 1955, further elaborates on the acquisition and termination of citizenship. Under this Act, Commonwealth citizens were eligible to obtain Indian citizenship by registration instead of naturalisation until 2003 when Commonwealth citizen status was removed from Indian law. The Act also allows individuals of Indian descent living abroad to register for citizenship, provided they have not voluntarily acquired the citizenship of another country. Foreigners can become Indian citizens through naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities.
The Citizenship Act, 1955, has been amended multiple times, including in 1986, 1992, 2003, and 2005, to update and refine the citizenship laws. The amendments have addressed various aspects, such as the eligibility criteria for citizenship by birth, descent, registration, and naturalisation. For instance, since the 2003 amendment, citizenship by birth is granted only if at least one parent is an Indian citizen, and the other is not considered an illegal migrant.
It is important to note that Indian citizenship can be terminated in certain cases, such as when a citizen voluntarily acquires the citizenship of another country or permanently settles in Pakistan or Bangladesh. Additionally, the government of India has the authority to deprive individuals of their citizenship in specific cases, such as when it was acquired by registration or naturalisation.
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Citizenship Amendment Acts of 1986, 1992, 2003, 2005 and 2019
The Citizenship Act, 1955, provided two means for foreigners to acquire Indian citizenship. People from “undivided India” could gain citizenship by registration after seven years of residency in India, while those from other countries could gain citizenship by naturalisation after twelve years of residency. The Act was amended in 1985 after the Assam Accord was signed by the Rajiv Gandhi government, granting citizenship to all Bangladeshi migrants that arrived before 1971. This was followed by another amendment in 1986, which limited citizenship by birth to children born to at least one Indian parent.
In 1992, the Citizenship Act was amended again, and until this point, only children of Indian fathers (not mothers) were eligible for citizenship by descent. After the amendment, Indian citizens by descent who hold another nationality would automatically lose Indian citizenship six months after turning 18 unless they renounced their foreign nationality.
In 2003, the Citizenship Act was amended with far-reaching revisions. The amendment added the notion of "illegal immigrants" and made them and their children ineligible to apply for citizenship. It also mandated the Government of India to create and maintain a National Register of Citizens.
Another amendment was made to the Citizenship Act in 2005, although the specifics of this amendment are unclear.
The Citizenship Act was amended once more in 2019, providing an accelerated pathway to Indian citizenship for persecuted refugees of religious minorities from Islamic countries Afghanistan, Bangladesh and Pakistan who arrived in India by 2014. The eligible minorities were Hindus, Sikhs, Buddhists, Jains, Parsis or Christians. This was the first time that religion had been overtly used as a criterion for citizenship under Indian law, and the amendment attracted global criticism for being discriminatory against Muslims.
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The acquisition and termination of citizenship
Citizenship in India is governed by the Constitution of India and the Citizenship Act, 1955, which has been amended several times. The acquisition and termination of citizenship are outlined as follows:
Acquisition of Citizenship
Indian citizenship can be acquired by birth, descent, registration, and naturalisation.
- Birth: Individuals born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth, regardless of their parents' nationalities. From 1 July 1987 to 3 December 2004, citizenship by birth was granted if at least one parent was an Indian citizen. Since then, children born in India receive citizenship at birth only if both parents are Indian citizens or if one parent is a citizen and the other is not considered an illegal migrant.
- Descent: Citizenship by descent is applicable when at least one parent is an Indian citizen.
- Registration: Foreign nationals who were eligible for Indian citizenship on 26 January 1950 or were citizens after that date can apply for an OCI (Overseas Citizen of India) Card. This card does not grant dual citizenship or voting rights but serves as a lifelong visa with multiple entries to India.
- Naturalisation: Foreigners may become Indian citizens through naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities. They must also take an oath of allegiance. Members of certain religious minority communities from neighbouring countries, such as Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians from Afghanistan, Bangladesh, and Pakistan, qualify for a reduced residence requirement of six years.
Termination of Citizenship
Citizenship in India can be terminated in the following ways:
- Renunciation: If an Indian citizen who holds another nationality renounces their Indian citizenship through a prescribed declaration, they cease to be an Indian citizen.
- Deprivation: The Indian government can deprive a person of their citizenship, but this is only applicable to those who acquired citizenship by registration, naturalisation, or under Article 5 Clause (c), which pertains to domiciled individuals who have been residents of India for at least five years before the commencement of the Constitution.
The laws regarding the acquisition and termination of Indian citizenship have evolved over time, with various amendments being made to the Citizenship Act, 1955. The most recent significant change was the Citizenship (Amendment) Act, 2019, which accelerated the path to citizenship for persecuted refugees from religious minorities in neighbouring Islamic countries.
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The secular nature of earlier citizenship law
The Indian Citizenship Act, 1955, is the primary legislation governing citizenship requirements in India, alongside the Constitution of India. The Act has been amended several times, including in 1986, 1992, 2003, and 2005.
The secular nature of India's earlier citizenship law is evident in the absence of religious criteria for citizenship eligibility. Prior to the 2019 amendments, religion was not a factor in determining citizenship. The 2019 changes sparked widespread protests for countering this secular nature. The protests highlighted that the new law marginalised Muslims and was prejudicial against them, as it did not offer the same eligibility for accelerated citizenship to Muslims from Islamic countries.
Historically, Indian citizenship law has been shaped by the country's colonial past and the struggle for independence. During the late 19th and early 20th centuries, Indian civil rights movements demanded equal imperial citizenship with the same status and rights as European British subjects. However, these demands were met with suppression by the imperial government. The focus shifted towards independence, and in 1947, British India was partitioned into the Union of India and the Federation of Pakistan.
The Indian Citizenship Act, 1955, established the rules for citizenship acquisition. Between 26 January 1950, and 1 July 1987, all persons born in India automatically received citizenship by birth, regardless of their parents' nationalities. From 1 July 1987, to 3 December 2004, citizenship by birth was granted if at least one parent was an Indian citizen. After this date, citizenship by birth was restricted to those with at least one Indian citizen parent who is not considered an illegal migrant.
In summary, the secular nature of earlier citizenship law in India was characterised by a lack of religious criteria for citizenship eligibility. The 2019 amendments, which introduced religion as a factor, sparked protests and criticism for deviating from the secular foundations of Indian citizenship law.
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Frequently asked questions
The Constitution of India and the Citizenship Act, 1955.
If you were born in India between 26 January 1950 and 1 July 1987, you automatically received citizenship by birth regardless of the nationalities of your parents. If you were born between 1 July 1987 and 3 December 2004, you are a citizen by birth if at least one of your parents was a citizen. If you were born after 3 December 2004, you are only a citizen by birth if both your parents are citizens, or one is a citizen and the other is not considered an illegal migrant.
Foreigners may become Indian citizens by naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities. Members of certain religious minority communities from neighbouring countries qualify for a reduced residence requirement of six years.
The Citizenship Amendment Act, 2019 (CAA) amended the Citizenship Act, 1955, by providing an accelerated pathway to Indian citizenship for persecuted refugees of religious minorities from Islamic countries Afghanistan, Bangladesh and Pakistan who arrived in India by 2014. The eligible minorities were Hindus, Sikhs, Buddhists, Jains, Parsis or Christians, but not Muslims.
