Acquisition of Indian Citizenship

The Citizenship Act of 1955 outlines the various ways in which an individual can acquire Indian citizenship. These methods include citizenship by birth, citizenship by descent, citizenship by registration, citizenship by naturalization, and citizenship by incorporation of territory. Let’s explore each of these methods in detail.

Citizenship by Birth

Citizenship by birth is a fundamental way individuals can acquire Indian citizenship. According to the Citizenship Act, any person born in India on or after January 26, 1950, but before July 1, 1987, is considered an Indian citizen by birth. 

Additionally, individuals born in India on or after July 1, 1987, are considered citizens if either of their parents is a citizen of India at the time of their birth.

Citizenship by Descent

Citizenship by descent pertains to individuals who acquire Indian citizenship based on lineage. If a person is born outside India on or after January 26, 1950, but before December 10, 1992, and either of their parents is an Indian citizen at the time of their birth, they are eligible for Indian citizenship by descent. 

However, suppose the person is born outside India on or after December 10, 1992. In that case, they can acquire citizenship by descent only if their father is an Indian citizen at the time of their birth.

Citizenship by Registration

Citizenship by registration is a method through which specific individuals can acquire Indian citizenship by applying and fulfilling specific criteria. The Citizenship Act provides provisions for registering certain categories of individuals as Indian citizens. 

This includes individuals of Indian origin who reside in India for a minimum period, individuals of Indian origin who are residing abroad and wish to acquire Indian citizenship, and individuals who are married to Indian citizens and have been residing in India for a specified period.

Citizenship by Naturalization

Citizenship by naturalization is a process through which individuals who are not Indian citizens by any of the preceding methods can acquire Indian citizenship. To be eligible for citizenship by naturalization, an individual must have resided in India for a minimum of 12 years (previously 11 years). 

They should also meet specific requirements, such as good character, sound mind, and a willingness to renounce their existing citizenship.

Citizenship by Incorporation of Territory

The government of India has the authority to incorporate new territories into the country. When such incorporation occurs, the individuals residing in those territories automatically become Indian citizens. This method of acquiring citizenship is applicable when the government extends Indian sovereignty over new territories.

Summary

The Citizenship Act of 1955 provides various ways individuals can acquire Indian citizenship. These methods include citizenship by birth, citizenship by descent, citizenship by registration, citizenship by naturalization, and citizenship by incorporation of territory. 

Each method has its eligibility criteria and requirements that individuals must fulfill to acquire Indian citizenship. Understanding these provisions is crucial for individuals seeking to acquire Indian citizenship and ensuring compliance with relevant laws and regulations.