Indian Citizenship Law
Indian citizenship is governed by Part II of the Constitution of India (Articles 5-11) for citizenship at the commencement of the Constitution, and principally by the Citizenship Act, 1955 and the rules made under it for acquisition, registration, naturalisation, Overseas Citizen of India status and termination of citizenship.
Citizenship at the Commencement of the Constitution - Articles 5 to 11
Article 5: dealt with citizenship at commencement for persons having domicile in India and satisfying the constitutional birth, parentage or ordinary-residence conditions.
Article 6: dealt with rights of citizenship of certain persons who migrated to India from the territory then included in Pakistan, subject to the date-based conditions and registration requirements stated in the Article.
Article 7: dealt with certain persons who migrated to Pakistan after 1 March 1947, subject to the permit-for-resettlement or permanent-return exception.
Article 8: dealt with certain persons of Indian origin residing outside India who were registered as citizens by an Indian diplomatic or consular representative.
Article 9: a person who voluntarily acquired citizenship of a foreign State was not a citizen under Articles 5, 6 or 8.
Article 10: continued citizenship rights subject to laws made by Parliament.
Article 11: expressly preserved Parliament's power to make law regarding acquisition and termination of citizenship and related matters.
Citizenship by Birth - Section 3, Citizenship Act, 1955
| Birth in India | General rule |
|---|---|
| 26 January 1950 to before 1 July 1987 | A person born in India is generally a citizen by birth, subject to the statutory exceptions. |
| 1 July 1987 to before 3 December 2004 | At least one parent must have been a citizen of India at the time of birth. |
| On or after 3 December 2004 | Both parents must be citizens of India, or one parent must be an Indian citizen and the other must not be an illegal migrant at the time of birth. |
Section 3 contains exceptions, including specified cases involving children of foreign diplomatic personnel and enemy aliens.
Citizenship by Descent - Section 4
| Person born outside India | General position |
|---|---|
| 26 January 1950 to before 10 December 1992 | Citizenship by descent depended principally on the father's Indian citizenship, subject to the statutory conditions then applicable. |
| 10 December 1992 to before 3 December 2004 | Citizenship could be derived through either parent being an Indian citizen, subject to Section 4. |
| On or after 3 December 2004 | Birth must satisfy the parental-citizenship requirement and the birth must be registered at an Indian consulate in accordance with Section 4 and the applicable Citizenship Rules. |
For births on or after 3 December 2004, consular registration and declarations concerning the minor's foreign passport/citizenship status are important statutory requirements. Delayed registration is subject to the Central Government's permission as provided by law.
Citizenship by Registration - Section 5
The Central Government may register a person as a citizen if the person falls within a category specified in Section 5 and satisfies the applicable statutory conditions. Important categories include:
- a person of Indian origin ordinarily resident in India for the prescribed period;
- a person of Indian origin ordinarily resident in a country or place outside undivided India;
- a person married to an Indian citizen and ordinarily resident in India for the prescribed period;
- minor children of persons who are citizens of India;
- certain persons whose parents are registered citizens or naturalised citizens;
- certain former citizens of independent India; and
- an Overseas Citizen of India Cardholder who satisfies the conditions in Section 5(1)(g).
Residence requirements and application forms differ by category and should be checked against the current Citizenship Rules and the official citizenship portal.
Citizenship by Naturalisation - Section 6
A person of full age and capacity who is not an illegal migrant may apply for citizenship by naturalisation. The Central Government may grant a certificate where the qualifications in the Third Schedule are satisfied, subject to the Act.
For the ordinary route, the statutory qualifications include, among other things:
- residence in India or qualifying Government service throughout the twelve months immediately preceding the application;
- the required aggregate residence/service during the fourteen years preceding that twelve-month period;
- good character;
- adequate knowledge of a language specified in the Eighth Schedule to the Constitution; and
- an intention, if granted citizenship, to reside in India or continue the qualifying service/connection contemplated by the Schedule.
The Central Government has statutory power to relax specified conditions in certain circumstances under the Act.
Citizenship by Incorporation of Territory - Section 7
If any territory becomes part of India, the Central Government may by notified order specify the persons connected with that territory who shall become citizens of India and the date from which citizenship takes effect. Historical territorial integrations are studied under this provision.
Persons Covered by the Assam Accord - Section 6A
Section 6A contains special citizenship provisions connected with the Assam Accord and persons who came to Assam from the specified territory during the statutory periods. It creates distinct rules based principally on migration before 1 January 1966 and migration from 1 January 1966 to before 25 March 1971, together with detection and registration consequences stated in the section.
Because Section 6A contains detailed date-based rules, exam answers should use the statutory dates rather than a general statement that a person is merely "covered under Assam Accord."
Citizenship (Amendment) Act, 2019 and Section 6B
The Citizenship (Amendment) Act, 2019 amended the Citizenship Act, 1955 and inserted Section 6B. It creates a special statutory route for persons from the communities and countries specified in the amended Act who entered India on or before the statutory cut-off date and who fall within the exemption framework referred to in Section 2(1)(b).
The 2019 amendment also modified the Third Schedule for the eligible Section 6B category. The Citizenship (Amendment) Rules, 2024 inserted Rule 10A and related forms/procedures for applications under Section 6B.
Current procedure: the Ministry of Home Affairs lists the Citizenship (Amendment) Rules, 2024 and subsequent Citizenship Rules amendments made in 2026. Applicants should rely on the current MHA notification set and official online citizenship system rather than older procedural summaries.
Overseas Citizen of India Cardholder - Sections 7A to 7D
The Citizenship Act provides for registration as an Overseas Citizen of India (OCI) Cardholder for eligible persons under Section 7A, together with rights notified under Section 7B and rules regarding renunciation and cancellation under Sections 7C and 7D.
OCI is not dual citizenship. An OCI Cardholder is not an Indian citizen merely because of OCI registration and does not enjoy political rights reserved to citizens, such as voting or eligibility for constitutional offices, except as the law may otherwise provide.
Loss or Determination of Indian Citizenship
Section 8 - Renunciation
An Indian citizen of full age and capacity may make a declaration renouncing Indian citizenship, subject to the statutory procedure and consequences.
Section 9 - Termination
A citizen who voluntarily acquires the citizenship of another country ceases to be an Indian citizen in accordance with Section 9 and the applicable rules.
Section 10 - Deprivation
The Central Government may deprive specified categories of citizens of citizenship only on the grounds and through the procedure stated in Section 10, such as citizenship obtained by fraud or concealment of material facts and other statutory grounds.
Important LLB Entrance Revision Chart
- Constitution: Articles 5-11.
- Section 3: citizenship by birth.
- Section 4: citizenship by descent.
- Section 5: citizenship by registration.
- Section 6: citizenship by naturalisation.
- Section 6A: Assam Accord.
- Section 6B: special provisions inserted pursuant to the Citizenship (Amendment) Act, 2019.
- Section 7: incorporation of territory.
- Sections 7A-7D: OCI Cardholder.
- Section 8: renunciation.
- Section 9: termination.
- Section 10: deprivation.
- Section 14A: national identity cards and related statutory framework.