Taxmann's Citizenship Act 1955 & Citizenship Rules 2009 by Taxmann

CONTENTS CITIZENSHIP ACT, 1955 Arrangement of Sections SECTION PAGE 1. Short title 1 2. Interpretation 1 ACQUISITION OF CITIZENSHIP 3. Citizenship by birth 5 4. Citizenship by descent 7 5. Citizenship by registration 10 6. Citizenship by naturalisation 13 6A. Special provisions as to citizenship of persons covered by the Assam Accord 15 6B. Special provisions as to citizenship of person covered by proviso to clause (b) of sub-section (1) of section 2 20 7. Citizenship by incorporation of territory 25 OVERSEAS CITIZENSHIP 7A. Registration of Overseas Citizen of India Cardholder 26 7B. Conferment of rights on Overseas Citizen of India Cardholder 29 7C. Renunciation of Overseas Citizen of India Card 31 7D. Cancellation of registration as Overseas Citizen of India Cardholder 31 TERMINATION OF CITIZENSHIP 8. Renunciation of citizenship 33 9. Termination of citizenship 34 10. Deprivation of citizenship 35 SUPPLEMENTAL 11. [Omitted by the Citizenship (Amdt.) Act, 2003, w.e.f. 3-12-2004] 37 12. [Omitted by the Citizenship (Amdt.) Act, 2003, w.e.f. 3-12-2004] 37 13. Certificate of citizenship in case of doubt 37 14. Disposal of application under sections 5, 6 and 7A 38 14A. Issue of national identity cards 38 15. Revision 39 15A. Review 40 I-5

SECTION PAGE 16. Delegation of powers 41 17. Offences 41 18. Power to make rules 41 19. Repeals 43 SCH. I [Omitted by the Citizenship (Amdt.) Act, 2003, w.e.f. 3-12-2004] 43 SCH. II Oath of Allegiance 43 SCH. III Qualifications for Naturalisation 43 SCH. IV [Omitted by the Citizenship (Amdt.) Act, 2005, w.r.e.f. 28-6-2005] 44 CITIZENSHIP RULES, 2009 Arrangement of Rules RULE PAGE PART I PRELIMINARY 1. Short title and commencement 45 2. Definitions 45 PART II APPLICATION FOR CITIZENSHIP 3. Application for registration of birth under section 4 45 4. Application for registration under clause (a) of sub-section (1) of section 5 45 5. Application for registration under clause (c) of sub-section (1) of section 5 46 6. Application for registration under clause (d) of sub-section (1) of section 5 46 7. Application for registration under clause (e) of sub-section (1) of section 5 47 8. Application for registration under clause (f) of sub-section (1) of section 5 47 9. Application for registration under clause (g) of sub-section (1) of section 5 47 10. Application for grant of citizenship by naturalisation under sub-section (1) of section 6 48 10A. Application for grant of citizenship by registration or naturalisation by persons eligible under section 6B 48 11. Authority to which application may be made 49 11A. Authority to which application may be made by a person applying under section 6B 50 PART III ISSUE OF CERTIFICATE OF CITIZENSHIP AND MAINTENANCE OF REGISTERS 12. Forwarding of applications to Central Government 50 13. Scrutiny of applications by Central Government 51 13A. Scrutiny of applications by Empowered Committee 51 CONTENTS I-6

RULE PAGE 14. Grant of certificate of registration 51 15. Grant of certificate of naturalisation 52 16. Oath of allegiance for naturalisation 52 17. Register of citizens 53 18. Maintenance of registers and connected papers 53 PART IV PROVISIONS AS TO CITIZENSHIP OF INDIA FOR PERSONS COVERED BY ASSAM ACCORD 19. Registering authority for the purpose of sub-section (3) of section 6A and form for registration 53 20. Reference to Tribunals 54 21. Jurisdiction of Tribunal 54 22. Declaration under sub-section (6) of section 6A 54 PART V RENUNCIATION AND DEPRIVATION OF CITIZENSHIP OF INDIA 23. Declaration of renunciation of citizenship 55 24. Declaration of intention to resume Indian citizenship 55 25. Notice to be given before deprivation of citizenship 55 26. Committee to follow procedure specified in Schedule II in holding inquiry 56 27. Order depriving a person of citizenship of India to be published 56 28. Surrender and cancellation of certificate in case of deprivation of citizenship 56 PART VI OVERSEAS CITIZEN OF INDIA CARDHOLDER REGISTRATION, RENUNCIATION AND CANCELLATION 29. Application for registration under section 7A 56 30. [***] 57 31. Authority to which applications are to be made 57 32. Scrutiny of applications 57 33. Certificate of registration and maintenance of register or persons under section 7A 58 34. Declaration of renunciation of Overseas Citizen of India card 58 35. Cancellation of registration as overseas citizen of India cardholder 58 PART VII MISCELLANEOUS 36. Variation in Form of application or declaration 58 37. Certificate of citizenship in case of doubt 59 38. Authority before whom application or declaration may be made or by whom the oath of allegiance may be administered 59 I-7 CONTENTS

RULE PAGE 39. Certificate of documents 60 40. Authority to determine acquisition of citizenship of another country 60 41. Fees 60 42. Authority for revision of an order made under the Act by prescribed authority 60 43. Repeal and saving 60 SCHEDULE I 61 FORM I APPLICATION FOR REGISTRATION OF BIRTH OF A MINOR CHILD AT AN INDIAN CONSULATE UNDER SECTION 4(1) OF THE CITIZENSHIP ACT, 1955 61 FORM II APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(a) OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON OF INDIAN ORIGIN 62 FORM IIA APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 6B OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON OF INDIAN ORIGIN FULFILLING THE CONDITIONS UNDER SECTION 5(1)(a) OF THE ACT 65 FORM III APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(c) OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHO IS/HAS BEEN MARRIED TO A CITIZEN OF INDIA 68 FORM IIIA APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 6B OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHO IS/HAS BEEN MARRIED TO A CITIZEN OF INDIA FULFILLING THE CONDITIONS UNDER SECTION 5(1)(c) OF THE ACT 71 FORM IV APPLICATION FOR REGISTRATION OF A MINOR CHILD UNDER SECTION 5(1)(d) OF THE CITIZENSHIP ACT, 1955 73 FORM IVA APPLICATION FOR REGISTRATION OF A MINOR CHILD UNDER SECTION 6B OF THE CITIZENSHIP ACT, 1955 FULFILLING THE CONDITIONS UNDER SECTION 5(1)(d) OF THE ACT 75 FORM V APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(e) OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHOSE PARENTS ARE REGISTERED AS CITIZENS OF INDIA UNDER SECTION 5(1)(a) OR SECTION 6(1) 77 FORM VA APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 6B OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHOSE PARENTS ARE REGISTERED AS CITIZENS OF INDIA UNDER SECTION 5(1)(a) OR SECTION 6(1) FULFILLING THE CONDITIONS UNDER SECTION 5(1)(e) OF THE ACT 80 FORM VI APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(f) OF THE CITIZENSHIP ACT, 2008 MADE BY A PERSON WHO OR EITHER OF THE PARENTS WAS A CITIZEN OF INDEPENDENT INDIA 82 FORM VIA APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 6B OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHO OR EITHER OF THE PARENTS WAS A CITIZEN OF INDEPENDENT INDIA FULFILLING THE CONDITIONS UNDER SECTION 5(1)(f) OF THE ACT 85 CONTENTS I-8

FORM PAGE FORM VII APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(g) OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHO IS REGISTERED AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7A 87 FORM VIIA APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 6B OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHO IS REGISTERED AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7A FULFILLING THE CONDITIONS UNDER SECTION 5(1)(g) OF THE ACT 90 FORM VIII APPLICATION FOR NATURALIZATION AS A CITIZEN OF INDIA UNDER SECTION 6(1) OF THE CITIZENSHIP ACT, 1955 92 FORM VIIIA APPLICATION FOR NATURALIZATION AS A CITIZEN OF INDIA UNDER SECTION 6B OF THE CITIZENSHIP ACT, 1955 96 FORM IX ACKNOWLEDGEMENT FOR THE APPLICATION FOR GRANT OF CITIZENSHIP UNDER SECTION 5(1)(a), (c), (d), (e), (f) AND (g) OR SECTION 6B OF THE CITIZENSHIP ACT, 1955 99 FORM X CERTIFICATE OF REGISTRATION 99 FORM XA CERTIFICATE OF REGISTRATION 100 FORM XI CERTIFICATE OF REGISTRATION 101 FORM XIA CERTIFICATE OF REGISTRATION 102 FORM XII CERTIFICATE OF NATURALISATION 103 FORM XIIA CERTIFICATE OF NATURALISATION 104 FORM XIII REGISTER OF THE PERSONS REGISTERED AS INDIAN CITIZENS UNDER SECTION 5(1)(a), (e) & (f) OR SECTION 6B OF THE CITIZENSHIP ACT, 1955 105 FORM XIV REGISTER OF PERSONS REGISTERED AS INDIAN CITIZENS UNDER SECTION 5(1)(c) OR SECTION 6B OF THE CITIZENSHIP ACT, 1955 105 FORM XV REGISTER OF MINOR CHILDREN REGISTERED AS INDIAN CITIZENS UNDER SECTION 5(1)(d) OR SECTION 6B OF THE CITIZENSHIP ACT, 1955 105 FORM XVI REGISTER OF PERSONS REGISTERED AS INDIAN CITIZENS UNDER SECTION 5(1)(g) OR SECTION 6B OF THE CITIZENSHIP ACT, 1955 106 FORM XVII REGISTER OF CERTIFICATE OF NATURALISATION AND OATHS OF ALLEGIANCE UNDER SECTION 6(1) OR SECTION 6B OF THE CITIZENSHIP ACT, 1955 106 FORM XVIII APPLICATION FOR REGISTRATION UNDER SECTION 6A OF THE CITIZENSHIP ACT, 1955 107 FORM XIX THE NAMES OF THE PERSONS REGISTERED ALONGWITH OTHER PARTICULARS UNDER SECTION 6A OF THE CITIZENSHIP ACT, 1955 BY THE REGISTERING AUTHORITY DISTRICT, ASSAM 108 I-9 CONTENTS

FORM PAGE FORM XX LIST OF PERSONS WHO HAVE BEEN REGISTERED UNDER SECTION 6A OF THE CITIZENSHIP ACT, 1955 DURING THE QUARTER ENDING IN MARCH/JUNE/SEPTEMBER/DECEMBER, 20.............. 108 FORM XXI DECLARATION AS REQUIRED UNDER SECTION 6A(6) OF THE CITIZENSHIP ACT, 1955 TO BE FILLED IN BY THE PERSON WHO DOES NOT WISH TO BECOME A CITIZEN OF INDIA 109 FORM XXII DECLARATION OF RENUNCIATION OF CITIZENSHIP UNDER SECTION 8 OF THE ACT MADE BY A CITIZEN OF INDIA WHO IS ALSO A CITIZEN OR NATIONAL OF ANOTHER COUNTRY 109 FORM XXIII ACKNOWLEDGEMENT FOR THE DECLARATION OF RENUNCIATION OF CITIZENSHIP OF INDIA UNDER SECTION 8 OF THE CITIZENSHIP ACT, 1955 110 FORM XXIV CERTIFICATE OF RENUNCIATION OF INDIAN CITIZENSHIP UNDER RULE 23 OF THE CITIZENSHIP RULES, 2009 111 FORM XXIV-A REGISTER OF DECLARATIONS OF RENUNCIATION OF INDIAN CITIZENSHIP 111 FORM XXV DECLARATION OF INTENTION TO RESUME INDIAN CITIZENSHIP UNDER SECTION 8(2) OF THE ACT MADE BY A PERSON WHO HAS CEASED TO BE AN INDIAN CITIZEN ON THE LOSS OF INDIAN CITIZENSHIP BY HIS PARENTS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8(1) OF THE CITIZENSHIP ACT, 1955 112 FORM XXVI CERTIFICATE OF RESUMPTION OF INDIAN CITIZENSHIP 113 FORM XXVII REGISTER OF DECLARATIONS OF RESUMPTION OF INDIAN CITIZENSHIP 114 Form XXVIII APPLICATION FOR REGISTRATION AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7A OF THE CITIZENSHIP ACT, 1955 114 FORM XXIX CERTIFICATE OF REGISTRATION 121 FORM XXX REGISTER OF PERSONS REGISTERED AS OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7A AND IS CANCELLED UNDER SECTION 7D OF THE CITIZENSHIP ACT, 1955 122 FORM XXXI DECLARATION OF THE RENUNCIATION OF THE CARD REGISTERING AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7C(1) OF THE CITIZENSHIP ACT, 1955 MADE BY AN OVERSEAS CITIZEN OF INDIA CARDHOLDER 122 FORM XXXII ACKNOWLEDGEMENT 123 FORM XXXIII CERTIFICATE OF CITIZENSHIP IN CASE OF DOUBT UNDER SECTION 13 OF ACT 123 SCHEDULE IA 124 SCHEDULE IB 125 SCHEDULE IC 126 SCHEDULE II 127 CONTENTS I-10

FORM PAGE SCHEDULE III 128 SCHEDULE IV 129 CITIZENSHIP (REGISTRATION OF CITIZENS AND ISSUE OF NATIONAL IDENTITY CARDS) RULES, 2003 Arrangement of Rules RULE PAGE 1. Short title and commencement 132 2. Definitions 132 3. National Register of Indian Citizens 133 4. Preparation of the National Register of Indian Citizens 134 4A. Special provisions as to National Register of Indian Citizens in State of Assam 135 5. Officials of the Central Government, State Governments and local bodies to assist the Registrar General of Citizen Registration 136 6. Initialization of National Register of Indian Citizens 136 7. Head of family and individual to act as informant 136 8. Power of District Registrar, Sub-district or Taluk Registrar or Local Registrar of Citizen Registration to obtain information 136 9. Procedure as to making of entries in National Register of Indian Citizens 137 10. Deletion of name and particulars from National Register of Indian Citizens 137 11. Maintenance and updating of National Register of Indian Citizens 137 12. Modification of entries in National Register of Indian Citizens 138 13. Issue of National Identity Cards 138 14. National Identity Cards to be Government property and responsibility of Citizens to keep them properly 138 15. Designation of National Registration Authority and officers 138 16. Supervision and Control of Registrar General of Citizen Registration over District, Sub-district or Taluk and Local Registrars of Citizen Registration 139 17. Penal consequences in certain cases 139 18. Guidelines for collection of particulars of individuals, verification, issue of National Identity Cards, etc. 139 SCHEDULE Special provision as to manner of preparation of National register of Indian Citizen in State of Assam 140 I-11 CONTENTS

PROVISIONS OF CERTAIN RIGHTS TO OVERSEAS CITIZEN OF INDIA CARDHOLDERS 144 GRANT OF CERTIFICATE OF NATURALISATION UNDER SECTION 5 OR 6, IN RESPECT OF ANY PERSON BELONGING TO MINORITY COMMUNITY IN AFGHANISTAN, BANGLADESH AND PAKISTAN 146 NOTIFIED EMPOWERED COMMITTEE UNDER RULES 11A(1) AND 13A 148 CONTENTS I-12 PAGE

Citizenship by descent

4. 6[(1) A person born outside India shall be a citizen of India by descent,—

(a)on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or

(b)on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth:

Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless—

(a)his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or

(b)his father is, at the time of his birth, in service under a Government in India:

Provided further that if either of the parents of a person referred to in clause (b)was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless—

(a)his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or

(b)either of his parents is, at the time of his birth, in service under a Government in India:

Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003, a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,—

(i)within one year of its occurrence or the commencement of the Citizenship (Amendment) Act, 2003, whichever is later; or

(ii)with the permission of the Central Government, after the expiry of the said period:

Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country.

(1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not

6.Substituted by the Citizenship (Amendment) Act, 2003, w.e.f. 3-12-2004. Earlier sub-section (1), as amended by the Citizenship (Amendment) Act, 1992, w.e.f. 10-12-1992.

7 CITIZENSHIP ACT, 1955 S.4

renounce the citizenship or nationality of another country within six months of attaining full age.]

(2) If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration.

(3) For the purposes of the proviso to sub-section (1), 7[any person] born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only.

SECTION ANALYSIS

4.1 Citizenship by descent

Section 4 provides for citizenship by descent to persons born outside India to parents who were Indian Citizens at the time of his birth.

The criteria for citizenship by descent to persons born outside India are as per the Table below:

When person was born outside India

Person was born outside India on or after the 26th day of January, 1950, but before the 10th day of December, 1992

Criteria

for the person to acquire Indian Citizenship by descent

Such person shall be a citizen of India by descent if his father is a citizen of India at the time of his birth.

If his father was a Indian Citizen by descent only at the time of his birth, that person shall not be a citizen of India unless either of the following two conditions are satisfied:

his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or

his father is, at the time of his birth, in service under a Government in India

Person was born outside India on or after the 10th day of December, 1992 but before 3-12-2004

Such person shall be a citizen of India by descent if either of his parents is a citizen of India at the time of his birth.

If either of the parents of the person was a citizen of India by descent only, that person shall not be a citizen of India unless either of the following two conditions are satisfied: his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period

S. 4 CITIZENSHIP ACT, 1955 8 7. Substituted for “any male person” by the Citizenship (Amendment) Act, 1992, w.e.f. 10-12-1992.

When person was born outside India

Criteria for the person to acquire Indian Citizenship by descent

either of his parents is, at the time of his birth, in service under a Government in India

Person was born outside India on or after 3-12-2004

Note:

any person born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only if the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration

Such person shall be a citizen of India by descent if either of his parents is a citizen of India at the time of his birth. If either of the parents of the person was a citizen of India by descent only, that person shall not be a citizen of India unless his birth is registered at an Indian consulate within one year of its occurrence or the commencement of the Citizenship (Amendment) Act, 2003, whichever is later; or with the permission of the Central Government, after the expiry of the said period.

No such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country.

A person may submit an application for registration of birth of his minor child born outside India in terms of sub-section (1) of section 4 in Form I to the Indian consulate in the country, where such child was born, together with a declaration that the child does not hold the passport of any other country.[Rule 3 of Citizenship Rules, 2009]

Note:

Notes 1. A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.

9 CITIZENSHIP ACT, 1955 S. 4

When person was born outside India

Criteria for the person to acquire Indian Citizenship by descent

2. Any person born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only

3. If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration

4. No changes have been made to section 4 by CAA Citizenship by registration

5. 8[(1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:—

(a) a person of Indian origin who are ordinarily resident in India for seven years before making an application for registration;

(b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India;

(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

(d) minor children of persons who are citizens of India;

(e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;

(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and 9[is ordinarily resident in India for twelve months] immediately before making an application for registration;

(g) a person of full age and capacity who has been registered as an 10[Overseas Citizen of India Cardholder] for five years, and who 9[is ordinarily resident in India for twelve months] before making an application for registration.

8. Substituted by the Citizenship (Amdt.) Act, 2003, w.e.f. 3-12-2004.

9. Substituted for “has been residing in India for one year” by the Citizenship (Amdt.) Act, 2015, w.r.e.f. 6-1-2015. Earlier, the italicised words substituted by the Citizenship (Amdt.) Act, 2005, w.e.f. 28-6-2005.

10. Substituted for “overseas citizen of India” by the Citizenship (Amdt.) Act, 2015, w.r.e.f. 6-12015.

S. 5 CITIZENSHIP ACT, 1955 10

Explanation 1 : For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if—

(i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and

(ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years.

Explanation 2 : For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.]

11-12[(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of subsection (1), up to a maximum of thirty days which may be in different breaks.]

(2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in Schedule II.

(3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government.

(4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India.

(5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of Article 6 or Article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later.

13[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.]

SECTION ANALYSIS

5.1 Categories of persons who may be registered by Central Government as citizens of India and granted citizenship by registration

The Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:—

11-12. Inserted by the Citizenship (Amdt.) Act, 2015, w.r.e.f. 6-1-2015.

13. Inserted by the Citizenship (Amdt.) Act, 2003, w.e.f. 3-12-2004.

11 CITIZENSHIP ACT, 1955 S. 5

(a) PIO ordinarily resident in India for 7 years - A person of Indian origin [See Para 5.3 below] who is ordinarily resident in India [See Para 5.2 below] for seven years before making an application for registration; [See Rule 4 & Form II of Citizenship Rules, 2009]

(b) PIO ordinarily resident outside Undivided India - A person of Indian origin [See Para 5.3 below] who is ordinarily resident in any country or place outside undivided India;

(c) Spouse of Indian citizen ordinarily resident for 7 years - A person who is married to a citizen of India and is ordinarily resident [See Para 5.2 below] in India for seven years before making an application for registration [See Rule 5 & Form III of Citizenship Rules, 2009]

(d) Minor children of Indian citizens - Minor children of persons who are citizens of India [See Rule 6 & Form IV of Citizenship Rules, 2009]

(e) Person of full age and capacity whose parents are registered as Indian citizens - A person of full age and capacity whose parents are registered as citizens of India under clause (a) of section 5(1) or sub-section (1) of section 6 [See Rule 7 & Form V of Citizenship Rules, 2009]

(f) A person of full age and capacity who or either of his parents were earlier citizens of independent India and is ordinarily resident for 12 months - A person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration [See Para 5.4 below] [See Rule 8 & Form VI of Citizenship Rules, 2009]

(g) A person registered as OCI cardholder for 5 years and ordinarily resident for 12 months in India - A person of full age and capacity who has been registered as an Overseas Citizen of India Cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration [See Para 5.4 below] [See Rule 9 & Form VII of Citizenship Rules, 2009]

5.1-1 No registration of person of full age until he takes oath of allegiance

No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in Schedule II.[Section 5(2)]

5.1-2 Registration of person who has renounced Indian Citizenship or has been deprived of it or whose Indian Citizenship has been terminated

No person who has renounced, or has been deprived of, his Indian citizenship, or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) of section 5 except by order of the Central Government. [Section 5(3)]

5.1-3 Effective date of from which person registered is an Indian Citizen

A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of Article 6 or Article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. [Section 5(5)]

5.2 Definition of “ordinarily resident”

For the purposes of (a) and (c) above, an applicant shall be deemed to be ordinarily resident in India if—

S. 5 CITIZENSHIP ACT, 1955 12

he has resided in India throughout the period of twelve months immediately before making an application for registration; and

he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years.

5.3 Person of Indian Origin

For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.

5.4 Relaxation of period of 12 months in (f) and (g) above upto maximum of 30 days

The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks. [Section 5(1A)]

5.5 Powers of Central Government

The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India. If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.

5.6 For grant of citizenship by Registration to a person covered by CAA (Hindu, Sikh, Buddhist, Jain, Parsi or Christian from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 - See proviso to clause (b) of sub-section (1) of section 2), see also Section 6B.

See also rules 11, 12, 13, 14, 16, 17, 18 & 38 of the Citizenship Rules.

Citizenship by naturalisation

6. (1) Where an application is made in the prescribed manner by any person of full age and capacity 14[not being an illegal migrant] for the grant of a certificate of naturalisation to him, the Central Government may, if satisfied that the applicant is qualified for naturalisation under the provisions of Schedule III, grant to him a certificate of naturalisation :

Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in Schedule III.

(2) The person to whom a certificate of naturalisation is granted under subsection (1) shall, on taking the oath of allegiance in the form specified in Schedule II, be a citizen of India by naturalisation as from the date on which that certificate is granted.

14. Substituted for “who is not a citizen of a country specified in Schedule I” by the Citizenship (Amdt.) Act, 2003, w.e.f. 3-12-2004.

13 CITIZENSHIP ACT, 1955 S. 6

SECTION ANALYSIS

6.1 Who is eligible to become citizen by naturalisation

In terms of section 6(1), a person is eligible to become citizen by naturalization if he satisfies the following conditions:—

He is of full age and capacity

He is not an illegal migrant

He is qualified for naturalization under Schedule III, i.e., he satisfies all the conditions in Schedule III

6.2 Conditions to be satisfied for naturalization/qualifications for naturalization (Schedule III)

The qualifications for naturalisation of a person are :—

(a) Not a citizen of a country which bars Indians from becoming subjects or citizens or that country by naturalization: that he is not a subject or citizen of any country where citizens of India are prevented by law or practice of that country from becoming subjects or citizens or that country by naturalisation;

(b) Undertaking to renounce citizenship of other company: that, if he is a citizen of any country he undertakes to renounce the citizenship of that country in the event of his application for Indian citizenship being accepted;

(c) Residence in India or in service of GOI throughout the period of 12 months immediately preceding the date of the application : that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application:

If the Central Government is satisfied that special circumstances exist, it may, after recording the circumstances in writing, relax the period of twelve months up to a maximum of thirty days which may be in different breaks.

(d) Not less than Eleven years residence (not less than 5 years in case of Hindu, Sikh, Buddhist, Jain, Parsi or Christian from Afghanistan, Bangladesh or Pakistan): that during the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years:

For the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as “not less than five years” in place of “not less than eleven years” [This proviso has been inserted by CAA]

[See also Section 6B]

(e) Good character: that he is of good character;

(f) Adequate knowledge of any Official Language: that he has an adequate knowledge of a language specified in Schedule VIII to the Constitution; and

(g) After naturalization, he intends to reside in India: that in the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into, or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in India:

S. 6 CITIZENSHIP ACT, 1955 14