In India, the discussion on citizenship is primarily found in two places:

1.      The Constitution of India (Articles 5 to 11)

2.      The Citizenship Act, 1955

What Does the Constitution Say?

The Constitution only answers one specific question – Who were Indian citizens on 26th January 1950?
All other matters – how to acquire, lose, or restore Indian citizenship – are governed by the Citizenship Act, 1955. This Act is far more detailed and significant in determining citizenship today.

Overview of the Citizenship Act

The Citizenship Act outlines:

• Five ways to acquire Indian citizenship:

1.      By Birth

2.      By Descent

3.      By Registration

4.      By Naturalization

5.      By Incorporation of Territory

• Three ways to lose Indian citizenship:

1.      Renunciation

2.      Termination

3.      Deprivation

Among these, the most complex and significant are the ways to acquire citizenship.

Key Amendments in the Citizenship Act

While the 2019 Amendment Act drew massive attention, there have been other crucial amendments over the years:

• 1986: Introduced the condition that one parent must be an Indian citizen for the child born in India to claim citizenship.
• 1992: Corrected gender discrimination – earlier, only the father’s citizenship mattered; now, either parent qualifies.
• 2003: Introduced the term "illegal migrant" and barred them from acquiring citizenship by registration or naturalization.
• 2005: Brought significant provisions related to Overseas Citizens of India (OCI).

Citizenship by Birth – Section 3

Citizenship by birth is determined based on place and date of birth:

• 26 Jan 1950 to 1 July 1987: Anyone born in India automatically became a citizen, regardless of parents’ nationality.
• 1 July 1987 to 3 Dec 2003: Citizenship by birth required at least one parent to be an Indian citizen.
• Post 3 Dec 2003: Citizenship requires both parents to be Indian citizens or one Indian and the other not an illegal migrant.

Who is an illegal migrant?
Defined under Section 21B, it refers to:

• A person entering India without valid travel documents or
• Someone overstaying the visa or permit duration.

Citizenship by Descent – Section 4

Even if born outside India, a person can acquire citizenship through descent:

• Before 10 Dec 1992: Only father’s citizenship mattered.
• After 10 Dec 1992: Either parent’s citizenship qualifies.
• After 3 Dec 2004: The child must be registered at an Indian consulate within one year of birth and must not hold a foreign passport.

Citizenship by Registration – Section 5

This provision allows certain categories to apply for citizenship through registration, such as:

• Persons of Indian Origin (PIO) residing in India for 7 years
• PIOs living abroad
• Spouses of Indian citizens
• Minor children of Indian citizens
• Persons residing in Commonwealth countries or the Republic of Ireland

To qualify, applicants must prove Indian ancestry or marital ties, and meet residency or other criteria.

Citizenship by Naturalization – Section 6

A non-citizen can apply for citizenship through naturalization if:

• They are not citizens of a country that bars Indians from citizenship.
• They renounce their previous nationality.
• They have resided in India or served the government for 12 months before application.
• During the last 14 years, they should have lived in India or served the government for at least 11 years.
• They have good character and sufficient knowledge of an Indian language (from the Eighth Schedule of the Constitution).

Notably, the Government of India can relax these requirements for individuals who have made notable contributions in the fields of science, arts, philosophy, human rights, etc.

Citizenship by Incorporation of Territory – Section 7

This provision applies when foreign territory becomes part of India.
Example: When Goa was incorporated into India, the Government issued orders declaring which residents were eligible for Indian citizenship.

Conclusion

The Citizenship Act is a living legal framework that has evolved through multiple amendments. It carefully balances the rights of genuine residents and national interest in controlling illegal migration.

Would you like to know more about a particular provision of the Citizenship Act? Click here

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