A Comprehensive Guide to The Citizenship Act, 1955: Acquisition, Termination, and Key Provisions
- The Legal Watch
- Jul 4
- 4 min read
Introduction
The Citizenship Act, 1955 is the cornerstone of India’s legal framework governing citizenship. It defines how a person can acquire or lose Indian citizenship, the rights of Overseas Citizens of India (OCI), and special provisions for migrants. Over the years, the Act has been amended multiple times to address changing socio-political realities, including the Citizenship Amendment Act (CAA), 2019, which introduced religion-based eligibility for persecuted minorities from neighboring countries.
This blog provides a detailed breakdown of the Act, covering:
Modes of Acquiring Citizenship
Overseas Citizenship (OCI) Provisions
Termination of Citizenship
Special Cases (Assam Accord, CAA 2019)
Controversies and Legal Challenges
1. How Can You Acquire Indian Citizenship?
A. Citizenship by Birth (Section 3)
Before July 1, 1987: Anyone born in India was automatically a citizen.
July 1, 1987 – December 3, 2004: At least one parent must be an Indian citizen.
After December 3, 2004: Both parents must be citizens, or one must be a citizen and the other not an illegal migrant.
Exceptions: Children of foreign diplomats/enemy aliens are excluded.
B. Citizenship by Descent (Section 4)
Before December 10, 1992: Only paternal lineage (father must be Indian).
After December 10, 1992: Either parent can confer citizenship.
Registration Requirement: If citizenship is by descent (not birth), the birth must be registered at an Indian consulate within one year (extendable with government permission).
C. Citizenship by Registration (Section 5)
Eligible categories:
Persons of Indian Origin (PIOs) residing in India for 7 years.
Spouses of Indian citizens married for at least 7 years.
Minor children of Indian citizens.
Former Indian citizens or those eligible under Article 5 of the Constitution.
OCI Cardholders after 5 years of registration.
D. Citizenship by Naturalization (Section 6 & Third Schedule)
Residency Requirement:
Normally 11 years out of the last 14 years.
Reduced to 5 years for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan (CAA, 2019).
Additional conditions:
Good character.
Knowledge of an Indian language (Eighth Schedule).
Intention to reside in India.
E. Citizenship by Incorporation of Territory (Section 7)
If a new territory (e.g., Sikkim in 1975) becomes part of India, the government can declare its inhabitants as citizens.
2. Overseas Citizenship of India (OCI) – Sections 7A to 7D
OCI status provides long-term residency rights without full citizenship.
Who is Eligible?
Former Indian citizens or their descendants (children/grandchildren).
Spouses of Indian citizens/OCI holders (if married for 2+ years).
Excluded: Persons from Pakistan, Bangladesh, or other notified countries.
Rights of OCI Cardholders
✅ Multi-purpose lifelong visa.
✅ Property ownership (except agricultural land).
✅ Parity with NRIs in education and economic rights.
Restrictions
❌ No voting rights.
❌ Cannot hold constitutional posts (President, Judge, etc.).
❌ No government jobs.
Cancellation of OCI Status (Section 7D)
Obtained by fraud.
Engaging in anti-India activities.
Violation of citizenship laws.
Marriage dissolution (if OCI was obtained via spouse).
3. Termination of Citizenship
A. Renunciation (Section 8)
A voluntary process where an Indian citizen gives up citizenship.
Minor children also lose citizenship but can reclaim it within one year of turning 18.
B. Termination (Section 9)
Automatic loss if a citizen acquires another country’s passport.
Exception: If acquired during a war, the government may allow retention.
C. Deprivation (Section 10)
Citizenship can be revoked if:
Obtained by fraud or false representation.
The person works against India’s sovereignty (e.g., espionage).
Resides abroad for 7+ years without registering at an Indian consulate.
4. Special Provisions
A. Assam Accord (Section 6A)
Migrants entering before 1971 were granted citizenship.
Those between 1966-1971 had to register and wait 10 years for full rights.
B. Citizenship Amendment Act (CAA), 2019 (Section 6B)
Fast-tracks citizenship for persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Afghanistan, Bangladesh, Pakistan who entered India before December 31, 2014.
Excludes Muslim migrants, leading to controversy.
5. Controversies & Legal Challenges
CAA-NRC Protests (2019-2020)
Critics argue CAA discriminates based on religion, violating Article 14 (Equality).
Government defends it as a humanitarian measure for persecuted groups.
Assam NRC (National Register of Citizens)
Aimed at identifying illegal migrants but left many stateless.
19 lakh people excluded in the 2019 draft, causing unrest.
OCI Issues
Some OCI cardholders faced cancellation for protesting against government policies.
Conclusion
The Citizenship Act, 1955, is a dynamic law that has evolved with India’s demographic and political changes. While it provides clear pathways for acquiring citizenship, recent amendments like the CAA have sparked debates on secularism and equality.
For NRIs, the OCI scheme offers a balance between foreign citizenship and Indian ties. However, the NRC and CAA remain contentious, with legal challenges pending in the Supreme Court.
Key Takeaways
✔ Citizenship can be acquired by birth, descent, registration, or naturalization.
✔ OCI provides residency rights but no political participation.
✔ CAA 2019 fast-tracks citizenship for non-Muslim minorities from 3 countries.
✔ Citizenship can be lost voluntarily or revoked for fraud/security reasons.
Would you like further details on any specific section? Let us know in the comments!
This blog simplifies complex legal provisions for general understanding. For official purposes, always refer to the original Act or consult a legal expert.
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