Citizenship Act, 1955

In this article, we will tell you about one of the most important acts in India: the Citizenship Act 1955. We all have heard about this act and know its basic meaning. But, unfortunately, many people don’t know the correct definition of the act and don’t understand what rights it gives to Indian citizens. If you also don’t know much about the Citizenship Act then read this article till the end to find answers to all your questions.

What is the Citizenship Act 1955?

In simple words, the Citizenship Act gives guidelines or rules that help the government in the ‘acquisition and termination’ of Indian citizenship. It basically describes all the necessary conditions by which a citizen can call himself/herself a proud Indian. The act was enacted on 30th December 1955. Two main authorities govern this act: the Constitution of India and the Citizenship Act, 1955.

Citizenship By Birth:

In the very beginning, people that were born in India between 26 January 1950 and 1 July 1987 would automatically receive Indian citizenship by birth. Here, the nationalities of their parents were not taken into consideration. The only thing that mattered here was that the child should be born in India.

After that from 1 July 1987 until 3 December 2004, the child born in India would only receive citizenship by birth if one of the parents has Indian citizenship. Since 2004, citizenship by birth is only given if both of the parents are the

citizens of India or at least one parent has Indian citizenship and the other parent is not an illegal migrant.

Before 10th December 1992, only the children who had Indian fathers (not mothers) would receive citizenship. After that, a new change was made to the act which stated that children are not required to register their birth. They would receive citizenship automatically.

Now, the children that are born overseas would only be considered Indian citizens by descent if at least one parent is a citizen. Many people don’t know that individuals who are eligible for Indian citizenship must be registered at an Indian diplomatic mission. This registration must be done within a certain time frame to get citizenship.

Indian citizens of descent who hold another nationality have a special provision that allows them to become an Indian citizen six months after reaching the age of 18 unless they reject their previous foreign nationality.

Citizenship By Registration:

People that are married to Indian citizens or are minor children of Indian citizens are eligible for Indian citizenship by registration. Citizens that are of Indian origin who are living either inside or outside the area of pre-partition India are also qualified for citizenship.

People that have parents who had previously held Indian citizenship can also enjoy Indian citizenship by registration. Those who have had overseas citizenship for at least five years can also apply for citizenship. Candidates that are eligible for citizenship should be a resident of India for at least 12 months before applying for the registration. Although some people are required to fulfil additional residence requirements.

Citizenship By Naturalisation:

Foreigners can get citizenship by naturalisation if they have resided in India for at least 11 of the previous 14 years. Don’t forget that they need to have additional 12 months of residence before filling the application for registration. Apart from the above conditions, foreigners must renounce their previous nationalities.

Illegal migrants cannot apply for Indian citizenship either by registration or naturalisation. Although there is one exception to it: migrants from Pakistan, Bangladesh and Afghanistan who came to India before 2015 and belong to selected religions like Hindus, Sikhs, Christians, Buddhists, Parsis and Jains don’t come under the category of illegal migrants and can apply for citizenship. Although they must fulfil the following two requirements:

• Five years of residence during the previous 14-year period
• Additional 12 months of residence before filling the application for registration

Relinquishment and Deprivation:

Indian citizens that are of 18 years of age can voluntarily relinquish their Indian citizenship. The minor children of a person who gave up citizenship also have the right to acquire Indian citizenship. Once these children reach the adult stage they have the right to apply for Indian citizenship within one year. Before 2013, to apply for relinquishment of citizenship one must hold the nationality of another country. 

During that time married women were regarded as adults, regardless of their actual age for the purpose of giving up their citizenship. Until 1992 minor children would only lose citizenship if their fathers had given up the citizenship. People who have permanently settled in Pakistan or Bangladesh will lose their Indian citizenship. Citizens who acquire the citizenship of another country will automatically lose their citizenship.

Overseas Citizenship:

Former Indian citizens and descendants of citizens are qualified for overseas citizenship. This type of citizenship is not considered the full form of Indian citizenship according to the Indian government. Overseas citizenship means that the person has the right to work and live in that particular country. But, they are deprived of the right to vote and cannot stand for public office. Their entry is also restricted in protected and restricted areas. Candidates who have been citizens of Pakistan or Bangladesh in the past or if their parents or grandparents have been citizens of these two countries cannot apply for overseas citizenship.

Provision of Constitution Regarding Citizenship at the Time of Commencement of Constitution:

According to article 5, any person who has been residing in India for at least 5 years immediately preceding such commencement, would get Indian citizenship.

Conclusion:

As you can see the Citizenship Act, of 1955 has a lot of things to offer and have been made after considering a lot of things. It is a very important act since without this act it would have been extremely difficult to consider which person should be given the right to Indian citizenship. Remember that you can get citizenship in four ways: Birth, Descent, Registration and Naturalization.