In India, the methods of acquiring citizenship are governed by the Citizenship Act, 1955, which outlines the procedures and conditions under which a person can acquire Indian citizenship. The Act provides for six primary methods of acquiring citizenship, each of which is explained below.
A person can acquire Indian citizenship by birth under the following conditions:
- A person born in India on or after January 26, 1950, but before July 1, 1987, is an Indian citizen, regardless of the nationality of their parents, unless both parents are foreign diplomats.
- A person born in India on or after July 1, 1987, but before December 3, 2004, is an Indian citizen if either of their parents is an Indian citizen at the time of their birth.
- A person born in India on or after December 3, 2004, is an Indian citizen only if both parents are Indian citizens or if one parent is an Indian citizen and the other is not an illegal immigrant.
This method establishes automatic citizenship for individuals born in the country under the given circumstances.
A person can acquire Indian citizenship by descent if they are born outside India. However, there are specific conditions that must be met:
- A person born outside India on or after January 26, 1950, and having at least one parent who is an Indian citizen at the time of their birth is considered a citizen by descent.
- If the person’s birth is registered at an Indian consulate or embassy within one year of the birth, they are eligible for Indian citizenship.
- However, a person born outside India to an Indian citizen parent after December 3, 2004, must also ensure that the birth is registered with Indian authorities or that the Indian parent has made a declaration to the effect that the child shall be an Indian citizen.
Citizenship by descent is not automatic; the birth must be registered, and there are restrictions if the person’s ancestors were born outside India and if the parent themselves had not acquired citizenship at the time of the child's birth.
3. Citizenship by Registration
Under certain circumstances, a person can acquire Indian citizenship by registration. This applies to individuals who are not citizens by birth or descent but have a connection with India. Categories of people eligible for citizenship by registration include:
- A person of Indian origin who has been a resident in India for seven years or more.
- A person married to an Indian citizen, and they have been residing in India for seven years.
- A minor child whose parents are Indian citizens.
- A person who is a stateless refugee residing in India.
The process of registration involves applying to the Central Government and meeting the eligibility criteria, followed by taking an oath of allegiance to India.
4. Citizenship by Naturalization
A person who does not acquire citizenship by birth, descent, or registration may acquire it through the process of naturalization. The person must fulfill the following conditions:
- They must have resided in India for a total of 12 years during the 14 years preceding their application.
- They must possess adequate knowledge of a local language and be of good character.
- The person must intend to reside permanently in India.
- The person must take an oath of allegiance to India.
Naturalization is a more rigorous process and is usually applied to foreign nationals who wish to become Indian citizens after living in India for an extended period.
5. Citizenship by Incorporation of Territory
If any foreign territory is incorporated into India, the people of that territory can acquire Indian citizenship. This provision was invoked when states like Hyderabad and Junagadh were integrated into India post-independence. The Indian government can grant citizenship to the individuals of the newly incorporated territory under the Citizenship Act, 1955.
The process is automatic for the people of the newly incorporated territory, and the government has the discretion to determine the procedures for granting citizenship.
6. Citizenship by Adoption
Under the Hague Convention on Inter-Country Adoption, a foreign child who is adopted by an Indian citizen or couple can acquire Indian citizenship. The child, who was born outside India, can be granted citizenship by registration under the provisions of the Indian Citizenship Act, 1955.
Conclusion
India offers several methods through which a person can acquire citizenship, catering to various scenarios involving birth, descent, naturalization, registration, and the incorporation of territories. While citizenship by birth and descent are automatic in many cases, other methods, such as naturalization and registration, require individuals to meet specific eligibility conditions. The Indian government exercises significant control over the process of granting citizenship, ensuring that the acquisition of Indian citizenship is based on established criteria that align with the country’s legal and social framework.
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