How to apply for citizenship of India

Indian citizenship can be acquired either by registration or naturalization. The exact process for becoming an Indian citizen depends on your nationality and whether you have Indian origin or not.

What is the law governing citizenship in India?

The Constitution of India provides a single citizenship for the entire country. The Citizenship Act enacted by the Parliament in 1955 provides for the acquisition, renunciation, termination, deprivation, and determination of Indian citizenship. The Act provides for the acquisition of Indian Citizenship by birth, descent, registration, and naturalization.

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What are the ways by which a person can become a citizen of India?

By Birth

• Every person born in India on or after the 26.01.1950 but before 01.07.1987 is a citizen of India by birth irrespective of the nationality of his/her parents.

• Every person born in India between 01.07.1987 to 02.12.2004 is a citizen of India provided either of his/her parents is a citizen of India at the time of his/ her birth.

• Every person born in India on or after 03.12.2004, shall be a citizen of India provided both of his/her parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his/ her birth.
   

By Registration:  You can register for citizenship of India.

• A person who has Indian origin and is ordinarily resident for at least seven years in India before making a registration application

• A person who is of Indian origin and lives in a country or place other than undivided India

• A person married an Indian citizen and who has lived in India for at least seven years.

• Minor Children of Persons who are Citizens of India

• Persons of full age, capacity and whose parents have been registered as Indian citizens

• Persons of full age who were citizens of India before independence, or their parents, and have lived in India for at least one year prior to making a registration application.

• Persons of full age who have been registered for five years as Indian overseas citizens and who have resided in India for at least one year prior to making a registration application.

By Naturalization:  Citizenship in India can be obtained by a foreigner who has lived in India regularly for 12 years (during the last twelve months preceding the application date and in total for 11 years during the 14 years prior to the twelve-month period) and meets other requirements as listed in the third schedule of the Act, 1955.
 

What is the process of determination of citizenship?

• Any question that arises about the manner of acquisition of the citizenship of another country by any citizen of India, the same shall be determined by the Central Government

• Any question relating to the acquisition by an Indian citizen of the citizenship of any other country, the Central Government may make such reference as it thinks fit in respect of that question or of any matter relating thereto, to its Embassy in that country or to the Government of that country and act on any report or Information received in pursuance of such reference

• The fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date

• In determining whether a citizen of India has or has not voluntarily acquired the citizenship of any other country, the Central Government may take the following circumstances into consideration, namely

• Whether the person has migrated to that country with the intention of making it his permanent house.

• Whether he has in fact taken up permanent residence in that country and

• Any other circumstances relevant to the purpose
   

How does citizenship get terminated?

By naturalization, registration or any other voluntary acquisition, if a citizen has acquired the citizenship of a different country between 26th January 1950 until the commencement date of this Act voluntarily, the citizen ceases to be an Indian citizen.
 

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What documents are required to apply for Indian citizenship?

• The birth certificate of both parents is required. Copy of Indian passport or birth certificates.

• Declaration of Allegiance and Oath as specified on the form to make before the offices specified by the Citizenship Rules 1955 I.e. Collector/DC/DM

• Copy of Bank Challan (original) of Rs. 500/- towards declaration and Oath of Allegiance, deposited at the State Bank of India.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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