Useful Notes on The Citizenship Act, 1955

A comprehensive law dealing with citizenship was passed by Parliament in 1955 in accordance with the powers vested in it by Article 11 of the Constitution. The provisions of the Act may be broadly divided into three parts, acquisition of citizenship, termination of citizenship and supplemental provisions. The Act provides five modes of acquiring the citizenship of India. These are:

(1) By Birth:

Every person born in India on or after January 26, 1950, shall be a citizen of India by birth. There are two exceptions, however to this rule, namely, children born to foreign diplomatic personnel in India and those of enemy aliens whose birth occurs in a place then under occupation by the enemy.

(2) By Descent:

A person born outside India on or after January 26, 1950, shall be citizen of India by descent if his father or mother is a citizen of India at the time of his birth. Children of those who are citizens of India by descent, as also children of non-citizens who are in service under a government in India, may also take advantage of this provision and become Indian citizens by descent, if they so desire, through registration.

(3) By Registration:

Any person who is not already an Indian citizen by virtue of the provisions of the Constitution or those of this Act can acquire citizenship by registration if that person belongs to any one of the following five categories:

(a) Persons of Indian origin who are ordinarily resident in India and who have been so resident for at least six months immediately before making an application for registration;

(b) Persons of Indian origin who are ordinarily resident in any country or place outside undi­vided India;

(c) Women who are, or have been, married to citizens of India;

(d) Minor children of persons who are citizens of India; and

(e) Persons of full age and capacity who are citizen of the Commonwealth countries or the Republic of Ireland.

(4) By Naturalisation:

Any person who does not come under any of the categories mentioned above can acquire Indian citizenship by naturalisation if his application for the same has been acceded to by the Government of India and certificate is granted to him to that effect.

An applicant for a naturalisation certificate has to satisfy the following conditions:

(a) He is not a citizen of a country which prohibits Indians becoming citizens of that country by natruralisation.

(b) He has renounced the citizenship of the country to which he belonged.

(c) He has either resided in India or has been in the service of a government in India, normally, for one year immediately prior to the date of application.

(d) During the seven years proceeding the above mentioned one year, he has resided in India or been in the service of a government in India for a period amounting in the aggregate to not less than four years.

(e) He is of good character.

(f) He has an adequate knowledge of a language specified in the Constitution.

(g) If granted a certificate, he intends to reside in India or enter into, or continue in service under a government in India.

The Act provides, however, for a conspicuous exemption under which any or all of the above conditions may be waived in favour of a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally.

Every person to whom a certificate of naturalisation is granted has to take an oath of allegiance solemnly affirming that he will bear true faith and allegiance to the Constitution of India as by law established, and that he will faithfully observe the laws of India and fulfill his duties as a citizen of India.

(5) By Incorporation of Territory:

If any territory becomes part of India, the Government of India, by order, may specify the persons who shall be citizens of India by reason of their connection with that territory.