Skip to content Skip to left sidebar Skip to right sidebar Skip to footer

Tag: How India provides citizenship

⭐ Definition of “Citizen” Under the Indian Citizenship Act, 1955

A citizen is a person who is legally recognized as a member of the Indian Union and who enjoys full civil and political rights, including rights that only citizens can enjoy (like voting).

Under the Citizenship Act, 1955, a citizen is a person who:

  • Owes allegiance to India
  • Has full legal membership of the Indian State
  • Enjoys rights AND accepts duties under the Constitution
  • Is different from a “foreigner” or “non-citizen”

2. Who Is Covered as an Indian Citizen?

The Citizenship Act lists five ways to become an Indian citizen:

(A) Citizenship by Birth (Section 3)

You are an Indian citizen if you were born in India:

  • Between 26 January 1950 – 1 July 1987: citizen by birth
  • Between 1 July 1987 – 3 December 2004: citizen if either parent is Indian
  • After 3 December 2004: citizen if
    • both parents are Indian, or
    • one parent is Indian AND the other is not an illegal migrant

(B) Citizenship by Descent (Section 4)

If you are born outside India, you are an Indian citizen if:

  • Born between 1950–1992: father is Indian
  • Born after 1992: either parent is Indian
  • After 2004: birth must be registered at an Indian consulate

(C) Citizenship by Registration (Section 5)

Foreigners can register as Indian citizens if they:

  • Are married to an Indian citizen
  • Have Indian-origin parents/grandparents
  • Have been residing in India for 7 years
  • Are minor children of Indian citizens

(D) Citizenship by Naturalisation (Section 6)

Foreigners become citizens after:

  • 12 years of residence in India
    (12 years = 11 years before application + 1 year before approval)
  • Good character
  • Knowledge of Indian Constitution
  • No criminal background
  • Renouncing previous citizenship
    (India does NOT allow dual citizenship.)

(E) Citizenship by Incorporation of Territory (Section 7)

If new land becomes part of India (e.g., Goa in 1961), the people living there become citizens automatically.

3. Rights Given Only to Indian Citizens

Some rights belong exclusively to Indian citizens:

1. Right to Vote

Only citizens can vote in Lok Sabha and State Assembly elections.

2. Right to Contest Elections

Only citizens can become:

  • MLA
  • MP
  • President
  • Vice-President
  • Governor

3. Right to Public Employment (Art. 16)

Certain government jobs are reserved for Indian citizens.

4. Passport and Protection Abroad

5. Freedom from Deportation

Non-citizens can be asked to leave India; citizens cannot.

4. Rights Given to Non-Citizens Also

Some rights apply to everyone, including foreigners:

  • Article 14 – Equality before law
  • Article 20 – Protection in criminal cases
  • Article 21 – Right to life & liberty
  • Article 22 – Safeguards against arrest
  • Article 25 – Freedom of religion

So foreigners also enjoy basic human rights in India.

5. How a Foreigner Can Become an Indian Citizen – Step-by-Step Process

A foreigner can apply through Registration or Naturalisation.

5.1 Citizenship by Registration – Steps

Eligible persons:

  • Person of Indian Origin living in India for 7 years
  • Spouse of Indian citizen (must be married for 7 years)
  • Minor children of Indian parents
  • Overseas person of Indian origin (not Pakistani/Bangladeshi)

Process:

  1. Apply online at MHA (Ministry of Home Affairs) website
  2. Submit required documents:
    • Passport
    • Visa
    • Address proof
    • Marriage certificate (if spouse case)
    • Parents’ Indian documents
  3. Verify documents at FRRO/DM office
  4. Police verification
  5. Approval by Central Government

5.2 Citizenship by Naturalisation – Steps

This is for foreigners who have NO Indian connection.

Eligibility:

  • Lived in India for 12 years
  • Knows one Indian language
  • Good moral character
  • Understands the Constitution
  • Not involved in anti-India activities
  • Must renounce previous citizenship

Process:

  1. Online application (Form XIII)
  2. Submit nationality proof
  3. Police background check
  4. Intelligence Bureau clearance
  5. Central Government final approval
  6. Oath of Allegiance to India

After approval, a naturalization certificate is issued.

6. Does India Allow Dual Citizenship?

No
India does NOT permit dual citizenship.
A foreigner must give up their old citizenship before becoming Indian.

However, India gives OCI (Overseas Citizen of India) card, which is NOT full citizenship but offers:

  • Visa-free entry
  • Work rights
  • Long-term stay

OCI card holders cannot vote or buy farmland.

7. Why Citizenship Matters

Citizenship decides:

  • Who can vote
  • Who can hold high offices
  • Who gets full constitutional rights
  • Who can participate in democracy
  • Who enjoys national protection

It is the legal identity that connects a person to the nation.

Conclusion

The Citizenship Act clearly defines who is an Indian citizen and how citizenship is acquired. Indian citizens enjoy full political rights and constitutional protections. Foreigners can become citizens through registration or naturalisation, but they must meet strict conditions and give up their previous citizenship. Understanding these rules helps individuals know their rights, duties, and legal status within the country.