Indian nationality law
Indian nationality law details the conditions by which a person holds Indian nationality. The two primary pieces of legislation governing these requirements are the Constitution of India and the Citizenship Act, 1955.
"Indian citizenship" redirects here. For the United States law concerning American Indians, see Indian Citizenship Act.The Citizenship Act, 1955
All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth regardless of the nationalities of their parents. Between 1 July 1987 and 3 December 2004, citizenship by birth was granted if at least one parent was a citizen. Individuals born in the country since then receive Indian citizenship at birth only if both parents are Indian citizens, or if one parent is a citizen and the other is not considered an illegal migrant.
Foreigners may become Indian citizens by naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities. Members of certain religious minority communities from neighbouring countries qualify for a reduced residence requirement of six years. Indian citizens who permanently settle in Pakistan or Bangladesh, or voluntarily acquire foreign citizenship automatically lose Indian citizenship. Dual citizenship is allowed in certain cases of minor children.[1][2]
India was previously ruled by the British Empire and local residents were British subjects and British protected persons. Although India gained independence in 1947 and Indians no longer hold British nationality, they continue to have favoured status when residing in the United Kingdom; as Commonwealth citizens, Indians are eligible to vote in UK elections and serve in public office there. Indian citizens also enjoy free movement rights in Nepal through bilateral agreement.
Terminology[edit]
The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a nation state and is the common term used in international treaties when referring to members of a state; citizenship refers to the set of rights and duties a person has in that nation.[3]
In general discourse within the Indian context, the two terms are used interchangeably. However, the Supreme Court provides a more precise definition applicable in Indian law; citizenship is a legal status that can only be held by natural persons and determines the civil and political rights a person may exercise, while nationality is a status that can apply to both natural and juridical persons that determines the rights that entity has in the context of international law.[4]
Post-independence policies[edit]
Partition and transition[edit]
British India was partitioned into two independent Dominions on 15 August 1947, the Union of India and Federation of Pakistan.[30] India transitionally retained the British sovereign as its head of state until its continued membership in the Commonwealth of Nations as a republic was agreed upon at the 1949 Commonwealth Prime Ministers' Conference.[31] Indians continued to be British subjects until independent India enacted its own nationality legislation.[32] Subjects of the princely states, who were previously considered British protected persons, became British subjects of India when their states acceded to India.[33]
British subject status was reformed under the British Nationality Act 1948. The Act abandoned the common nationality used across the Empire and redefined British subject to mean any citizen of a Commonwealth country. A Commonwealth citizen was defined in this Act to have the same meaning. British subject/Commonwealth citizen status co-existed with the citizenship of each Commonwealth country. Because India had not enacted citizenship regulations by the time the 1948 Act took effect on 1 January 1949, Indians (and citizens of all other Dominions without citizenship laws) were provisionally classed as "British subjects without citizenship".[34]
Republic and a national citizenship[edit]
The citizenship provisions of the Constitution of India came into force on 26 November 1949,[35] in advance of the document's full effective date and the country's conversion into a republic on 26 January 1950.[36] The partition resulted in large-scale population movements across the new borders separating India and Pakistan. In this context, the Constituent Assembly limited the scope of the Constitution's citizenship provisions for the immediate purpose of determining citizenship of these migrants. The Citizenship Act later enacted by Parliament in 1955 provides a full framework detailing citizenship requirements after that point.[37]
Any individual domiciled in India automatically became an Indian citizen in 1949 if they were: born in India, born to at least one parent who themself was born in India, or living in India for at least five years prior to the Constitution's commencement.[35] Individuals of Indian descent living outside of the country could register for citizenship, but a person who had voluntarily acquired citizenship of a foreign state was barred from Indian citizenship.[38] In this context, the definition of "foreign state" does not include Commonwealth member states.[39]
Persons who migrated from the area that became part of Pakistan could be registered as Indian citizens if they (or a parent or grandparent) were born in any part of pre-partition India as defined by the Government of India Act 1935 and had either become domiciled in Indian territory before 19 July 1948, or had been registered as a citizen of India by Dominion officials after that date, but before commencement of the Constitution. Migrants from Pakistan were required to have been domiciled in India for at least six months prior to applying for registration. Conversely, persons who migrated from India to Pakistan and settled there at any time are not considered Indian citizens.[40]
Migration between Nepal and India has been unrestricted since before a clear boundary existed between the two countries. While the British Indian government had encouraged Nepalese to settle in northeastern India to facilitate the growth of tea plantations in that area, high levels of migration between the two countries continued to occur due to cultural and religious similarities. Following Indian independence, the government negotiated a free movement agreement with Nepal that resulted in the 1950 Indo-Nepal Treaty of Peace and Friendship; all Indian and Nepalese citizens have since had the officially sanctioned ability to live and work in either country.[41]
Acquisition and loss of citizenship[edit]
Entitlement by birth or descent[edit]
All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth regardless of the nationalities of their parents. From 1 July 1987 until 3 December 2004, children born in the country received Indian citizenship by birth if at least one parent was a citizen. Since then, citizenship by birth is granted only if both parents are Indian citizens, or if one parent is a citizen and the other is not considered an illegal migrant.[84]
Children born overseas are eligible to become Indian citizens by descent if at least one parent is a citizen. The birth of eligible persons must be registered at an Indian diplomatic mission within a certain time frame for citizenship to be granted. Individuals born before 3 September 2004 were not required to have had their birth registered and received citizenship by descent automatically, unless either parent was an Indian citizen by descent, in which case registration of their birth was mandatory. Prior to 10 December 1992, only children of Indian fathers (not mothers) were eligible for citizenship by descent.[85] Indian citizens by descent who hold another nationality automatically cease to be Indian citizens six months after reaching the age of 18, unless they renounce their foreign nationality.[86]
Voluntary acquisition[edit]
Certain non-citizens qualify for citizenship by registration if they are married to an Indian citizen, are minor children of Indian citizens, or are of Indian origin and living either in the country or outside the area of pre-partition India.[87] Persons whose parents are Indian citizens, who themselves or their parents had previously held Indian citizenship, or have held overseas citizenship for at least five years are also eligible to acquire citizenship by registration. Eligible individuals must be resident in the country for at least 12 months prior to an application for registration, and are subject to additional residence requirements depending on the criterion they qualified under.[88]
All other foreigners may become Indian citizens by naturalisation after residing in the country for at least 11 of the previous 14 years, with an additional 12 months of residence immediately preceding an application, a total of 12 years.[80] Anyone acquiring Indian citizenship through either naturalisation or registration must renounce their previous nationalities.[48] Between 2010 and 2019, about 21,000 people naturalised as Indian citizens.[89]
Any person deemed to be an illegal migrant is typically barred from obtaining citizenship through both naturalisation and registration.[90] However, migrants from Afghanistan, Bangladesh, or Pakistan who belong to selected religious communities (Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians) and arrived in India prior to 2015 are not considered illegal migrants.[79] They are eligible for naturalisation with a reduced residence requirement; at least five years of residence during the previous 14-year period, along with the additional 12 months of residence immediately preceding an application.[91]
Relinquishment and deprivation[edit]
Indian citizenship can be voluntarily relinquished by any person over the age of 18. Minor children of a person who gave up citizenship also cease to be citizens. On reaching adult age, these children have the option of resuming Indian citizenship within one year. Before 2003, relinquishment required holding nationality of another country, and all married women were considered to be of full age for the purposes of giving up citizenship regardless of their actual age. Minor children lost citizenship only if their fathers (not mothers) relinquished that status until 1992. Any Indian citizen who permanently settles in Pakistan or Bangladesh, or who voluntarily acquires citizenship of another country at any time automatically loses Indian citizenship.[92] Between 2015 and 2019, about 670,000 people lost their Indian citizenship either through renunciation or automatic loss after acquiring a foreign nationality.[93]
Dual citizenship[edit]
Indian citizens by descent can be dual citizens till 18 upon which they have to choose a citizenship [86][1][2] Dual citizenship was allowed with specific countries till 2005.[94] Citizenship amendment bill of 2003 allowed citizens by descent to continue Indian citizenship after 18 if they registered as overseas citizens.[95] Residents of Goa have claimed to have dual citizenship since there was no law terminating their previous citizenship.[96][97]