How does one become an Indian citizen?
Articles 5 to 9 of the Indian Constitution deal with the issue of who was entitled to citizenship at the time when the Constitution came into being. Article 9 stipulates that any Indian citizen accepting citizenship of a foreign country automatically ceases to be an Indian citizen, Article 10 guarantees the continuance of citizenship once acquired and Article 11 clarifies that Parliament will have the right to regulate citizenship. The Citizenship Act, 1955 details the various ways in which a person can become an Indian citizen after the commencement of the Constitution. Essentially, this is possible either by virtue of birth, descent, by registration or naturalisation. The Citizenship Amendment Act of 2003 added a further category of overseas Indian citizens, who however will not have all the rights of full-fledged citizens.
Articles 5 to 9 of the Indian Constitution deal with the issue of who was entitled to citizenship at the time when the Constitution came into being. Article 9 stipulates that any Indian citizen accepting citizenship of a foreign country automatically ceases to be an Indian citizen, Article 10 guarantees the continuance of citizenship once acquired and Article 11 clarifies that Parliament will have the right to regulate citizenship. The Citizenship Act, 1955 details the various ways in which a person can become an Indian citizen after the commencement of the Constitution. Essentially, this is possible either by virtue of birth, descent, by registration or naturalisation. The Citizenship Amendment Act of 2003 added a further category of overseas Indian citizens, who however will not have all the rights of full-fledged citizens.
Does being born in India automatically make you
an Indian citizen?
Not quite. It depends on when you were born. Under the 1955 Act, a person born in India on or after January 26, 1950 and before July 1, 1987 is a citizen by birth irrespective of the nationality of his parents. If you were born in India on or after July 1, 1987 and before January 7, 2004, at least one of your parents must have been a citizen of India at the time of your birth for you to qualify as a citizen by birth. Those born in India on or after January 7, 2004 are citizens by birth only if both parents were citizens of India or one parent was a citizen and the other was not an illegal migrant at the time of their birth.
Not quite. It depends on when you were born. Under the 1955 Act, a person born in India on or after January 26, 1950 and before July 1, 1987 is a citizen by birth irrespective of the nationality of his parents. If you were born in India on or after July 1, 1987 and before January 7, 2004, at least one of your parents must have been a citizen of India at the time of your birth for you to qualify as a citizen by birth. Those born in India on or after January 7, 2004 are citizens by birth only if both parents were citizens of India or one parent was a citizen and the other was not an illegal migrant at the time of their birth.
How does one acquire Indian citizenship by
descent?
Again when you were born matters. A person born outside India on or after January 26, 1950 but before December 10, 1992 is a citizen by descent if his father was a citizen at the time of his birth. For those born outside India on or after December 10, 1992 and before January 7, 2004, either parent being a citizen at the time of their birth confers citizenship by descent. Those born outside India after January 7, 2004 are not citizens, unless their birth was registered at an Indian consulate within a year of the date of birth or, with the permission of the government, after the expiry of that period.
Again when you were born matters. A person born outside India on or after January 26, 1950 but before December 10, 1992 is a citizen by descent if his father was a citizen at the time of his birth. For those born outside India on or after December 10, 1992 and before January 7, 2004, either parent being a citizen at the time of their birth confers citizenship by descent. Those born outside India after January 7, 2004 are not citizens, unless their birth was registered at an Indian consulate within a year of the date of birth or, with the permission of the government, after the expiry of that period.
Who can acquire citizenship by registration?
Citizenship by registration can be acquired by:
persons of Indian origin (PIOs), who or either of whose parents was born in
undivided India and who are ordinarily resident in India for seven years; PIOs
who are ordinarily residents in any country or place outside undivided India;
persons who are or have been married to a citizen of India and who are
ordinarily resident in India for five years; minor children both of whose
parents are Indian citizens; citizens of Singapore and Canada who are resident
in India for five years and eight years respectively.
How does one become a naturalized citizen?
Citizenship by naturalisation can be acquired by a foreigner who is ordinarily resident in India for 12 years (continuously for the 12 months preceding the date of application and for a total of 11 years in the 14 years preceding the 12 months).
Can citizenship be terminated once it has been
acquired?
Yes. Under Section 9(1) of the 1955 Act, a
person ceases to be a citizen of India if he or she voluntarily acquires the
citizenship of another country. Also, under Section 10, anyone who has become a
citizen of India by naturalization or by registration due to marriage to an
Indian citizen can be deprived of the citizenship by the home ministry for
certain reasons.
Source
:
http://timesofindia.indiatimes.com/india/Being-Indian-The-citizenship-question/articleshow/985405.cms
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