Acquisition of Citizenship in India is possible through birth, descent, registration, or naturalization. The requirements and procedures for the acquisition of citizenship are mentioned under the Citizenship Act of 1955. The topic “Acquisition of Citizenship” is an important part of the UPSC/IAS Exam Polity syllabus which is discussed in this article in detail.

What does "Acquisition of Citizenship" mean?

• The Constitution of India set the guidelines for whom to be called a citizen at the beginning of the Constitution.
• Later, with the changing needs and expanding nature of the term Citizenship, the Citizenship act 1955 was enacted providing different ways in which one can acquire Indian citizenship.
• This has covered different categories of people right from those who are born in Indian territory to foreigners who want to attain Indian citizenship.
• In simpler words, it's a set of conditions that have to be met by a different set of people to obtain Indian citizenship.

Types

The Citizenship Act, 1955 provides for different ways in which Indian citizenship can be acquired: birth, descent, registration, naturalization, and incorporation of territory. The provisions under each category are as follows.:

• By Birth (Section 3):
  • This applies to persons who are born in the Indian territory but one of the parents or both of them are not Indian citizens.
  • The act specifies a cutoff date for deciding the citizenship by birth irrespective of the nationality of the parents i.e 01.07.1987.
  • Citizenship by birth is not available for children of foreign diplomatic personnel and those of enemy aliens posted in India.

*Click here to read more about Citizenship by Birth.

• By Descent (Section 4):
  • This method is applicable for persons born outside of India after the enactment of the constitution but either or both of the parents are Indian nationals.
  • Even here the Citizenship Act specifies a cutoff date to decide the status based on the citizenship of the parents.

*Click here to read more about Citizenship by Descent.

• By Registration (Section 5): Citizenship can also be acquired by registration with the Indian government. Some mandatory rules are
  • A person of Indian ancestry who has lived in India for at least seven years before filing for registration.
  • Children under the age of 18 who are Indian citizens.

*Click here to read more about Citizenship by Registration.

• By Naturalisation (Section 6):
  • If a person has been normally resident of India for a long time, he or she can apply for citizenship by naturalization by meeting certain conditions set by the law.

*Click here to read more about Citizenship by Naturalisation.

• By incorporation of territory by the Government of India (Section 7)
  • When the Indian government incorporates a territory, by an official gazette notification it can announce that people residing in that territory from a particular date will be given the status of citizens.
  • Recently, due to the Land Boundary Agreement with Bangladesh, the inhabitants of the incorporated enclaves were granted Indian citizenship on registration.

Conclusion

The Indian lawmakers have tried to cover a wide range of scenarios to grant Indian citizenship which was not laid out in the Indian constitution. The amendment to the Citizenship act based on the challenges arising over time is not free from any controversies as witnessed with the recent amendment in 2019.

FAQs

MCQs

1. Which of the following is NOT a way of acquiring Indian citizenship?

A) By birth
B) By descent
C) By registration
D) By investment

2. What is the minimum residency period required for acquiring Indian citizenship by naturalization?

A) 5 years
B) 7 years
C) 10 years
D) 12 years

3. A person born outside India can acquire Indian citizenship by descent if:

A) Both parents were Indian citizens
B) Either parent was an Indian citizen
C) The person is born in a country with a dual nationality agreement
D) The person has lived in India for 5 years

4. Which of the following is a condition for acquiring Indian citizenship by registration?

A) The person must be born in India
B) The person must reside in India for 5 years
C) The person must be a minor child of an Indian citizen
D) The person must invest in the country

5. A foreign national can acquire Indian citizenship by naturalization if they:

A) Are born in India
B) Have resided in India for at least 5 years
C) Have been married to an Indian citizen for 2 years
D) Have resided in India for at least 12 years

GS Mains Questions and Model Answers

Q1: Explain the constitutional provisions regarding the acquisition of Indian citizenship. How do these provisions address the challenges of dual nationality?

Answer: The Constitution of India, under Article 5 to Article 11, defines the provisions for acquiring Indian citizenship, covering citizenship by birth, descent, registration, and naturalization. The Constitution does not allow dual nationality, emphasizing a single allegiance to India. Article 9 specifically provides that if an Indian citizen voluntarily acquires foreign nationality, they automatically lose Indian citizenship. The objective is to maintain national unity and loyalty, which is difficult to achieve if citizens hold allegiance to multiple countries. Additionally, the Citizenship Act of 1955 outlines the procedures for acquiring and renouncing citizenship, addressing issues related to the protection of national identity while providing for legitimate cases of acquiring citizenship by descent or naturalization.

Q2: Analyze the importance of the principle of "single citizenship" in the Indian Constitution. How does it influence the relationship between the states and the Union?

Answer: The principle of "single citizenship" ensures that all citizens of India, irrespective of the state of residence, are treated as nationals of the country rather than of individual states. This prevents any form of regionalism based on citizenship, ensuring unity across the nation. The relationship between the states and the Union is strengthened because it promotes a sense of common identity and belonging, with the Union government responsible for safeguarding the rights and interests of all Indian citizens. The provision for single citizenship upholds national solidarity and discourages any division that might arise due to regional distinctions.

Q3: Discuss the role of the Citizenship Act of 1955 in defining the terms and conditions for acquiring and terminating Indian citizenship. What challenges does it face in the context of modern geopolitics?

Answer: The Citizenship Act of 1955 governs the acquisition, termination, and restoration of Indian citizenship. It clearly defines procedures for citizenship by birth, descent, registration, and naturalization, as well as the grounds on which citizenship can be revoked. The Act is crucial in maintaining the integrity of Indian nationality. However, in the context of modern geopolitics, issues such as migration, refugee crises, and the rise of global nationalism pose challenges to the Act’s framework. The debate around citizenship laws, particularly concerning refugees from neighboring countries, brings the challenge of reconciling humanitarian concerns with national security and political sovereignty.

Previous Year Questions on Citizenship

1. UPSC CSE Prelims 2020:

Question: Which of the following statements is true regarding the Indian citizenship law?

A) India allows dual citizenship
B) Citizenship by birth is automatically granted to all persons born in India
C) Indian citizenship can be acquired by naturalization after living in the country for 5 years
D) Citizenship can only be acquired by birth or descent

Answer: (B)

Explanation: Indian citizenship by birth is automatically granted to persons born in India, subject to certain exceptions such as foreign diplomats or enemy aliens during wartime.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: "Explain the implications of the Citizenship Amendment Act, 2019 on India's national security and its relationship with neighboring countries."

Answer: The Citizenship Amendment Act (CAA) of 2019 amended the Citizenship Act to provide citizenship to religious minorities from Afghanistan, Bangladesh, and Pakistan. The Act has significant implications on national security, as it alters the criteria for granting citizenship to refugees. While the Act aims to provide shelter to religiously persecuted minorities, its provisions have been criticized for excluding Muslims and raising concerns about potential demographic changes in sensitive border areas. The law also affects India’s relationship with its neighboring countries, particularly with Pakistan, as it has sparked diplomatic tensions regarding the treatment of minorities in these nations.

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