Must Know Facts About Indian Citizenship
Post on 05,December 2013   6:00 AM
By - Mr. S.N Singh
views 4542

The Citizenship refers to the membership in the socio-political community which generally referred to the sate. It confers certain right as well as certain duties associated on it to its members.

In India citizenship can be acquired by birth, descent, registration and naturalization. The conditions and procedure for acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are:

By Birth:

A Person born in India on or after 26th January 1950 before July 1, 1987 is citizen of India by birth irrespective of the nationality of his parents.

A person born in India on or after July 1, 1987 but before December 2004 is considered citizen of India by Birth if either of his parents is a citizen of India at the time of his birth.

A person born in India on or after December 2004 is considered citizen of India by birth if both the parents are citizens of India one of his parents is a citizen of India and the other is not illegal migrant at the time of birth.

An illegal migrant is foreigner who entered India.

One without a valid passport or other travel documents.

One with valid passport or other prescribed documents but remains in India beyond the permitted period of time.

By Descent:

A Person born outside India on or after January 26, 1950 but before December 1992 is citizen of India by descent, if his father was Indian by birth by time of his birth. In case the father was a citizen of India by descent only, that shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

A person born outside India on or after December 10, 1992 but before December 3, 2004 is considered as a citizen of India if either of his parents were a citizen of India by birth at the time of his birth. In case either of the parents were citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian consulate within one year from the date of birth or with the permission of the Central Government , after the expiry of the said period.

A person born outside India on or after December 3, 2004 shall not be citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of central government, after the expiry of the said period.

By Registration:

Indian citizenship by registration can acquired by:

Persons of Indian origin who are ordinary resident in India for Seven Years before making application (throughout the period of twelve months immediately before making application and Six Years in the aggregate in the eight years preceding the twelve months.

Persons of Indian origin who are ordinary resident in any country or place outside undivided India.

Persons who married to citizen of India and who are ordinary resident in India for seven years.

Minor children whose both parents are Indian.

Person of full age whose both parents are registered as citizens of Independent India and residing in India for one year immediately before making application.

Persons of full age and capacity who have registered as overseas citizens of India (OCI) for five years and residing in India for one year before making application.

By Naturalization:

Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinary resident in India for twelve years (through ought the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and over qualifications as specified in the Third Schedule to the Act.

By Incorporation of New Territory:

India being a sovereign nation can cede or annex any foreign territory and if any new territory is as such added to the Country and the citizens of that newly incorporated land expresses its will to get Indian citizenship then its mandatory for the government to give the citizenship of India. �


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