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Part II Indian Citizenship

How is Indian Citizenship Acquired?

1. Birth

26th January 1950 - People born

1st July 1987 - Their children

5th December 2004 ... Till date

(i) If both the parents are citizens of India or

(ii) Either one is citizen and other is not an illegal migrant

(iii) Children of Foreign Diplomats Not


2. Descent

26th January 1980 - 10th December 1992

If child is born outside India and father is a citizen

10th December 1992 - 2nd December 2002

Either Parents are citizens and child is born outside

3rd December 2002... Consulate

Permission of Central Government required within one year of birth of child.


3. Registration

(i) Application to Central Government

(ii) Living in India since 7 years or

(iii) Parents are citizens or

(iv) 5 years overseas citizens


4. Naturalisation - Application to Central Government

- Serving in Government of India

- Staying in India since 12 years

- Good Character

- Well versed with a language in Schedule VIII.


5. Incorporation of Territory

e.g. Pondicherry


6. Covered under Assam Accord


How to loose citizenship?

- Termination (acquired a foreign state's)

- Renounce

- Deprivation (Government snatches)




Citizenship at the Commencement of the Constitution


Born in India/ Parents born in India or heir was born in India

Born 5 Years before 1949


Rights of citizenship of certain persons who have migrated to India

(i) If he / either parents? any grand parent was born in undivided India

(ii) Migrated - 19th July 1948 - Registration become automatically


Rights of Citizenship of certain migrants to Pakistan

Migrated to Pakistan - 1st March 1947 and returned before 15 August 1947


Rights of citizenship of certain persons of Indian Origin residing Outside India

Overseas Citizen -> Registration


Persons voluntarily acquiring citizenship of a Foreign state not to be citizens.


Continuance of rights of Citizenship


Parliament to regulate the rights of citizenship by law.


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