How to acquire Indian Citizenship?

Introduction:

“If there is one place on the face of earth where all the dreams of living man having found a home the very earliest days when man began the dream of existence, it is India!”[1]

Romaine Rolland

As the quote suggests India gives its priority to its citizens and never steps back from providing citizens their requisites at any time. India is a proud independent country, it maintains integrity and unity among the citizens. Indian citizenship is treated as its national character, it furnishes enough privileges to its citizen and protects their rights because they are the main reason for the country’s development and progress.

Every single citizen of India enjoys their rights and possesses the power of electing the right person in the election since India is a democratic country, citizens act as a predominant part of the nation.

Here arises a question of whether every citizen who is living in India can be called Indian citizenship?

No, not every citizen who lives in India can be given a title as Indian citizenship because there are certain principles stated by the tribunals which are expected to be followed by them to be called as a citizen of India.

The overseas Indian citizenship also can be acquired by any citizen who abides by the legal obligations vested on them which is discussed in detail under Citizenship Act, 1955.

Let us further know how a citizen can acquire Indian citizenship and what all are the provisions provided in the Indian Constitution for the same.

Meaning of citizenship

Citizenship is a social position of a citizen being in a specific country.

Citizenship can be better understood in different contexts namely:

1. Indian Constitution
2. Citizenship Act, 1955

Citizenship as contained under Indian Constitution[2]

• The constitution defines citizenship as the alliance between the individual and the country regulating certain rights such as social, economic, and political rights.
• India provides fundamental rights to the citizen and they enjoy it but they are also entitled to perform certain duties as well.
• Indian constitution considers citizens and aliens as two types of people:
• Citizens
  Citizens are complete members who enjoy full fledge of fundamental rights, political rights, and other rights,
• Aliens
  Whereas on the other hand aliens are not considered to enjoy the fundamental rights and other rights because they are not considered citizens.
• According to the Indian Constitution, only single citizenship is allowed.
• Union list under constitution consists about citizenship.

Constitutional provisions regarding citizenship

Under Part 2 of the Indian Constitution from Article 5 – Article 11 consists of details about citizenship in India.

Citizenship as contained under Citizenship Act, 1955[3]

• Citizenship Act, 1955 has been amended many times and the recent amendment is known as Citizenship Amendment Act, 2019.
• The most important amendments which brought a drastic change in this act were 1986, 1992, 2003, 2005, and 2019.

Acquisition of citizenship under Citizenship Act, 1955[4]

From Section 3 – Section 7 acquisition of citizenship is discussed. Where there are 5 major ways to become an Indian citizen.

Section 3: By Birth

It is the most common acquisition of citizenship. Under this section, citizenship is offered based on the birth of a person.

The meaning of Citizenship by birth has been kept changing through the amendments.

Under the first amendment whoever was born in the territory of India between the period of 26^th Jan 1950 to 1^st July 1987 was said to be a citizen of India, it did not consider whether either or both of their parents was a citizen of India or not.

According to the amendment of 1987, a person born in India from the date 1^st July 1987 to 3^rd Dec 2003 is considered a citizen of India if any of his parents is a citizen of India.

Later in the amendment 2003, it was realized that if illegal immigrants gave birth in India then they were automatically called citizens of India, so the amendment was made that any person born within the territory of India if both or either of their parents must possess Indian citizenship and the other parent should not be an illegal immigrant.

A person may not be considered a citizen if either of their parents is a citizen of another foreign state and not registered as a citizen of India, or either of them is an enemy alien and the birth occurred in the aliens place then the person shall not be deemed to be called as a citizen of India.

Section 4: By Descent

Citizenship of a person is offered depending on their parent or grandparents when the person resides in foreign territory.

Any person born in a foreign state can also be called a citizen of India if the descent of father is an Indian citizen during the period from 26^th Jan 1950 to 10^th Dec 1992.

Amendment 1992, majorly concentrated on gender neutrality, where it was considered that when a person is born in foreign in the period of 10^th Dec 1992 to 3^rd Dec 2004 and either of their parents possesses Indian citizenship then automatically he can get Indian citizenship.

Later in the amendment of 2004, consider that when a person takes birth in foreign, then their parents have to register as Indian consulate with undertaking within 1 year that the person born is minor and does not possess a passport of the foreign country. This law is currently followed.

Section 5: By Registration

 A person who is not an illegal migrant nor acquired citizenship in other foreign states can register for acquiring citizenship in India.

The person staying temporarily in the territory of India for about 7 years is eligible to apply application for registering as Indian citizenship.

Any parent of a person who is already registered as a citizen of India, who has been registered as an overseas citizen should return to India and should be living in the territory of India for about 1 year before applying for registering as Indian citizenship can register themselves for the permanent citizenship in India.

Section 6: By Naturalization

Any person being in a foreign state wants to register under Indian citizenship then he must be approved by the opinion of the central government with the intention of being a permanent citizen of India.

If a person is granted certified naturalization by the central government of the country to which he belongs, then he can be a citizen of India from that specific date.

A person who resides for about 12 months in India or works in the Indian Government then he could be eligible to register as an Indian citizen.

There are certain special provisions in Section 6 (A) for the people of Assam.

The Citizenship Amendment Act, 2019[5] has also inserted clause (B) to Section 6.

Section 7: By Incorporation of Territory

Any territory of other states will be included in India then later from that specific date, the people from that territory can be deemed to be a citizen of India after it is announced in Indian Gazette.

Section 7(A): Registration of Overseas Citizens of India

According to the Central Government whoever is not registered as a citizen of any other country, who was once a citizen of India, whose parents were a citizen of India, or whose grandparents were citizens of India would be notified by the Indian Gazette to apply for registering as Indian citizenship.

What all are the rights which can be provided to the people after registering as overseas citizenship in India?

Section 7(B) of the Citizenship Act, 1955 includes the provision for rights of overseas citizenship

1. Article 16 – Equal opportunity in public employment
2. Article 58 – Right to stand in election for President post
3. Article 66 – Eligible to be a member in election as Vice-President
4. Article 124 – Can appoint him as a Supreme Court judge
5. Article 217 – Eligible to be appointed as a judge of High Court
6. Section 16 of Representation of the People Act, 1950 – Voting rights are provided
7.  Section 3 and 4 of Representation of the People Act, 1951 – Eligible to be a member of people or council of state
8. Section 5, 5A, and 6 of Representation of the People Act, 1951 – Eligible to be a member of Legislative Assembly or a Legislative Council.

Important Case Laws regarding Citizenship in India

Khalil Ahmad v. State of U.P[6] (May 12, 1961)

The appellant born was in India, their parents also resided in Indian territory. Later, he went to Pakistan and came back to India with a Pakistan passport with an Indian visa. He stayed in India more than the valid date of visa issued by the Indian High commissioner
in Pakistan without any permission from civil authorities. The appellant argued that he is not a foreigner and the respondent said that he did not acquire Indian citizenship according to the Citizenship Act, 1955 under sec 3-7.

The HC of Allahabad held that the question of citizenship could be decided by the Central Government.

T.A. Mahomed Usman v. State of Madras[7] (Nov 17, 1959)

In this case, the appellant had voluntarily acquired Pakistan citizenship who once was Indian. The appellants argued that as per Art 5 of the Constitution they want to continue to be Indian citizenship by birth.

The court held that since, period of passport was also expired the Central Government directed the applicants to leave the country because they did not appear under any Section from Citizenship Act of India, 1955 i.e they didn’t register themselves as Indian by any means such as naturalization, registration and thus, the court dismissed the petition.

S. Nalini Srikaran v. Union of India[8] (March 7, 2007)

The appellant was convicted because she and her husband attempted murder of the Former PM Rajiv Gandhi. She gave birth in the prison. Later, they were awarded the death penalty. The appellant’s mother-in-law took the child to Sri Lanka, where she was given an emergency passport to travel to Sri Lanka but she continued to stay in there. Later when she got to know their parents were sent to life imprisonment instead of the death penalty, she requested the High Commissioner of India, and an order was passed to travel to India within 6 weeks.

The appellant filed a petition to grant a visa to her child since she is a citizen by birth by virtue of Sec 3(b) of The Citizenship Act, 1955. The court rejected to issue a visa to her child on the ground that voluntarily acquiring foreign citizenship as under Sec 9 of The Citizenship Act, 1955 would be ceased to be a citizen of India but it was said that Sec 9(2) of Indian citizenship act until the decision given by the Central Government she would be entitled to live in India and directed the Union of India to grant her visa.

Conclusion

Citizenship is the parabolic representation of equality among the citizens of the country. Though India is a developing country but a versatile country, where it never restricts any person overseas welcomes with warm greetings. India is known for its culture so people are always treated with more respect and making provisions that protect them. Similarly, citizens also owe a duty to the nation. India’s pride majorly depends on the people in it, as people get educated and discover modern inventions which help in the progress of the nation. So, our country should protect its general interest by providing incentives and encouraging new inventions.

Citizenship can be said as a sense of belonging to a community as a family and where each of the citizens has their responsibility towards the nation as duties.

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References:

[1] Romaine Rolland Quotes. (n.d). BrainyQuote.com. https://www.brainyquote.com/quotes/romain_rolland_401686 (lasted visited 22 Aug, 2021)

[2] J.N. Pandey, The Constitutional Law of India 40 (10^th ed. June 1980)

[3] J.N. Pandey, The Constitutional Law of India 44 (10^th ed. June 1980)

[4] The Citizenship Act, 1955, No.57, Acts of Parliament, 1955 (India).

[5] The Citizenship (Amendment Act), 2019, No.47, Acts of Parliament, 2019 (India)

[6] Khalil Ahmad v. State of U.P, AIR1962 AII 383.

[7] T.A. Mahomed Usman v. State of Madras, AIR 1961 Mad 129, (1960) IIMLJ 290.

[8] S. Nalini Srikaran v. Union of India, AIR 2007 AII 482.