Citizenship

Constitutional provisions (Part II, Arts 5 to 11)

India has single citizenship. A person is a citizen of India, not of a State.

Citizenship Act, 1955: how it is acquired

1. By birth. Born in India on or after 26 Jan 1950 but before 1 July 1987: a citizen. From 1 July 1987 to 2 Dec 2004: if either parent was a citizen at the time of birth. From 3 Dec 2004: both parents citizens, or one parent a citizen and the other not an illegal migrant.
2. By descent. Born outside India, with a citizen parent (registered at an Indian consulate).
3. By registration. Persons of Indian origin, spouses of citizens and others, as laid down in the Act.
4. By naturalisation. Long residence: 11 years out of the last 14 years (and 12 months immediately before applying). The 2019 amendment reduced this to 5 years for the groups named below.
5. By incorporation of territory. For example Goa (1961), Puducherry (1962) and Sikkim (1975).

How it is lost

• Renunciation: voluntarily, by declaration.
• Termination: automatically when a person voluntarily acquires another country's citizenship.
• Deprivation: by the Government, for example if citizenship was obtained by fraud.

Citizenship (Amendment) Act, 2019

Gives a path to citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014. It reduces the required residence from 11 years to 5 years for them. It does not apply to Sixth Schedule tribal areas of Assam, Meghalaya, Mizoram and Tripura, or to areas under the Inner Line Permit. The Rules were notified in March 2024.

Overseas Citizen of India (OCI)

Introduced by the 2005 amendment (the PIO and OCI categories were merged in 2015). An OCI gets a life-long visa and several economic benefits but is not a citizen. An OCI cannot vote or hold constitutional offices.