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Citizenship in India As Per Article 5 to 11 of the Constitution of India
Nationality law of India: Part II of the Constitution of India governs citizenship through Articles 5 to 11. The Constitution granted citizenship to all persons residing in India at its commencement. The law also confers citizenship on individuals born within Indian territory. The President of India holds the distinguished position of being India’s first citizen.
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 2019 amendment creates a simplified path to Indian nationality for specific persecuted minorities. The law specifically includes Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from neighboring countries. These individuals must have entered India before December 2014. The amendment focuses on refugees from three Muslim-majority nations: Bangladesh, Pakistan, and Afghanistan.
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).
- The law recognizes people of Indian origin who live permanently outside undivided India. These individuals maintain their cultural and ancestral connections to India. Foreign nationals who marry Indian citizens can apply for citizenship through registration. The law requires these spouses to reside in India for seven years before submitting their citizenship application.
- 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
A foreigner can acquire Indian citizenship by naturalization if they have been ordinarily resident in India for 12 years. This includes residing in India for 12 months immediately preceding the application date and for 11 years in the 14 years before that period. The Citizenship Act of 1955 outlines specific qualifications for naturalization. These requirements are set out in Section 6(1) of the Citizenship 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 interprets the law to mean that a person cannot hold both Indian and foreign passports simultaneously. This applies even in cases where a child is claimed as a citizen by another country. Some countries may require such children to use one passport for foreign travel, such as children born in the United States or Australia to Indian parents. Indian courts have granted the executive branch broad discretion in handling these cases.
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
The OCI card does not serve as a substitute for an Indian visa. Therefore, OCI holders must obtain a passport with a lifetime visa when traveling to India. The OCI card is now being printed without the lifetime “U” Visa sticker. This sticker was previously inserted into the applicant’s passport.
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
What is the Proof for citizenship in India?
Any documents which are linked to the date and Birthplace can be submitted as a proof for the National Register of Citizens
Is dual Citizenship permissible in India?
The Indian Constitution does not permit holding Indian citizenship and foreign citizenship at the same time. Based on the suggestion of the High-Level Committee of the Indian Diaspora, the Indian Govt made a decision to offer Overseas Citizenship of India (OCI) is generally known as ‘dual citizenship’. People of Indian Origin (PIOs) of a particular category as set out in the brochure that migrated from India and acquired citizenship of a foreign country other than Bangladesh and Pakistan. Here the eligibility to get OCI is based on the permission of their home countries for dual citizenship in any form or another which are based on their local laws.
Is Aadhaar Card a proof of Indian citizenship?
Aadhaar Card cannot be produced as a proof of Indian citizenship, but the basic identity for an individual to avail himself of the benefits offered by the govt.
Who is first Citizen of India?
The President of India is the head of state of India and the Supreme Commander of the Armed Forces of India. The president is known as the first citizen of India
Do OCI give a Status of Indian Citizenship?
The Overseas Citizenship of India (OCI) is a status of immigration that allows foreign citizens of Indian origin to reside and work in the Republic of India permanently
What is full form of CAA?
The Full form of CAA is Citizen Amendment ACT
What is the full form of NRC?
The full form of NRC is National Register of Citizens of India.

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