Citizenship

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Citizenship in India As Per Article 5 to 11 of the Constitution of India

Nationality law of India: Citizenship in India is governed by Part II of the Constitution of India (Articles 5 to 11). Under Article 5, all persons residing in India at the beginning of the Constitution were citizens of India, as well as those born in India. in the same fashion, The President of India is called the first citizen of India.

Citizenship (Amendment) Acts of 1986, 1992, 2003, 2005, 2015, and 2019

The legislation on this issue is the Citizenship Act, 1955, as amended by the Citizenship (Amendment) Acts of 1986, 1992, 2003, 2005, 2015, and 2019. The 1986 citizenship amendment act restricted Nationality birth requires at least one parent must be a citizen of India.

Illegal immigrant

Citizenship Amendment Act of 2003 limited this aspect by requiring that a parent can not be an illegal immigrant. 2003 Amendment also asked the Indian government to build a national register of citizens. The amendment in 2019 has provided an easier path to Nationality for persecuted minorities selected or Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians neighboring Muslim-majority countries Bangladesh, Pakistan, and Afghanistan are entered India before December 2014.

Passport Act

Article 9 of the Constitution of India states that a person who has voluntarily acquired citizenship of another country can no longer be an Indian citizen. In addition, according to the Passport Act, a person must surrender his / her Indian passport and electoral card, and other Indian identity cards and should not be used after obtaining the Nationality of another country. It is an offense if the person fails to surrender the passport.

The current law of Indian Nationality largely follows citizenship by descent and does not follow Nationality by birth in the territory.

Citizenship at the commencement of the Constitution of India

People living in the territory of India on November 26, 1949, automatically became Indian citizens by applying the relevant provisions of the Indian Constitution in force, and most of these constitutional provisions became effective January 26, 1950. The Constitution of India also made provisions relating to citizenship for migrants from Pakistan territories that had been part of India before the partition.

Citizenship by Birth

A person born in India on or after 26 January 1950 but before the entry into force of the 1986 Act on 1 July 1987, is a citizen of India by birth. Any person born in India on July 1, 1987, but before December 3, 2004, is a citizen of India. If one parent was a citizen of India at the time of birth.

Nationality by Registration

The Central Government may, upon request, to register as a citizen of India under Article 5 of the Citizenship Act 1955 Any person (not an illegal migrant) if he/she belongs to one of the following categories:

• people of Indian origin who have been ordinarily resident in India for seven years before making an application under paragraph 5 (1) (a) (twelve months immediately preceding the application, and for six years in all eight years of the previous 12 months).

• people of Indian origin who are usually resident in a country or place outside undivided India;a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

• minor children of persons who are citizens of India;

• a major and the ability person whose parents are registered as citizens of India.

• a major and capacity person, or one of his parents, was previously a citizen of independent India, and has been lived in India for one year immediately prior to applying for registration;

• a major and capacity who has been registered as a citizen overseas in India for five years, and who resides in India for a year before making an application.

Citizenship by naturalization

Citizenship of India by naturalization can be acquired by a foreigner who is ordinarily resident in India for 12 years (over the period of 12 months preceding the date of application immediately and for 11 years in all the 14 years preceding the 12 months) and other qualifications as specified in section 6 (1) of the Citizen Act 1955

Prove as an Indian citizen unless parents are Indian citizens

Those born in India from December 3, 2004, citizens of India reflect if both parents are citizens of India or if one parent is a citizen of India and the other person is not an illegal immigrant in the moment of birth.  

In September 2013, the Bombay High Court has given a judgment as a birth certificate, passport or even a single Aadhaar card is not be enough to prove as an Indian citizen unless parents are Indian citizens.

Rejection and termination of Indian Nationality

 Rejection is discussed in Section 8 of the Law of Citizenship, 1955. If an adult makes a declaration denial of citizenship of India, s / he loses Indian Nationality. In addition, each small children who also lost Indian Nationality from the date of rejection. When the child reaches the age of 18, he has the right to have his Indian Nationality restored. 

Overseas Citizenship of India (OCI)

This scheme was introduced by the amendments to the Citizenship Act, 1955 in August 2005. The scheme was launched during the convention Pravasi Bharatiya Divas in Hyderabad in 2006.

Overseas Indian Citizenship is not an actual citizenship of India

The Indian government has interpreted the law means that one can not have both at the same passports with of India – even in the case of a child who is claimed by another country as a citizen of that country, and that may be required by the laws of other countries to use one of the passports for foreign travel (such as children born in the United States or in Australia to Indian parents ), and the Indian courts have given the executive branch wide discretion on this matter.

Therefore, Overseas Indian Citizenship is not an actual citizenship of India and thus, does not amount to dual Nationality or dual citizenship or whoever is no longer using the ID of India after the OCI.

OCI card is not a substitute for an Indian visa

In addition, the OCI card is not a substitute for an Indian visa and therefore, passports featuring a lifetime visa must be done by OCI holders while traveling to India. OCI card is now being printed without a lifetime “U” Visa sticker (which is usually inserted in the passport applicant).

Proof lifetime visa will only OCI card which will have a “Life Time Visa” printed on it. OCI Card will apply to the Passport Day. However, countries may consider OCI as dual Nationality: for example, the British government considers that, for the purposes of the British Nationality Act of 1981, “I was considered the nationality of another State”.

People of Indian Origin (PIO) Card

It is a form of identification issued to an individual who holds a passport in countries other than Afghanistan, Bangladesh, Bhutan, China, Iran, Nepal, Pakistan, and Sri Lanka and can prove their Indian origin up to three previous generations.

New card is proposed to be called Overseas Indian Card

In early 2011, the Prime Minister of India, Manmohan Singh, announced that the Person of Indian Origin card will be merged with the Overseas Citizen of India card. This new card is proposed to be called Overseas Indian Card.

convert PIO Card to OCI Card

On 9 January 2015, the PIO card scheme has been discontinued and applicants who apply for OCI only. All PIO Card holders are advised, from time to time, to convert PIO Card to OCI Card

FAQ – Nationality law of India: Citizenship in India

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