The Citizenship Act, 1955 (Act 57 of 1955, dt. 30-12-1955); [As amended by Citizenship (Amdt.) Act, 2019 (47 of 2019), dt. 12-12-2019]

THE CITIZENSHIP ACT, 1955 

(Act 57 of 1955, dt. 30-12-1955) [As amended by Citizenship (Amdt.) Act, 2019 (47 of 2019), dt. 12-12-2019] 

An Act to provide for the acquisition and termination of Indian citizenship. Be it enacted by Parliament in the Sixth Year of the Republic of India as follows: Short title This Act may be called the Citizenship Act, 1955

COMMENTS 

The Citizenship Act deals with citizenship after the Constitution came into force and confines it only to natural persons. The Constitution and the Act are completely exhaustive of the citizenship of this country and these citizens can only be natural persons. The fact that corporations may be nationals of the country for purposes of international law will not make them citizens of this country for purposes of municipal law or the Constitution.-AIR 1963 SC 1811 

The question of acquisition of citizenship after the Constitution was not provided for in the Constitution. This was provided for by the Citizenship Act, 1955. The Act does not touch the question of those persons who were citizens or deemed to be citizens at the time of the commencement of the Act, except in the context of the termination of such citizenship. The provisions in the Constitution and this Act supplement each other and have to be read together. AIR 1961 MP 110 

Naturalisation : Naturalisation is the act of adopting a foreigner and clothing him with the privileges of a native citizen.-U.S. v. Harbanuk C.C.A. Conn., 62 F. 2d 759, 767. The expression "naturalise" means to confer citizenship upon an alien, or to make a foreigner the same, in respect to rights and privileges, as if he were a native citizen or subject. A naturalised citizen is one who, being an alien by birth, has received citizenship under the lands of the State or nation.-Black's Law Dictionary 2. Interpretation 

(1) In this Act, unless the context otherwise requires, 

(a) “a Government in India" means the Central Government or a State 

Government '[(b) "illegal migrant" means a foreigner who has entered into India 

(i) without a valid passport or other travel documents and such other 

document or authority as may be prescribed by or under any law in 

that behalf; or (ii) with a valid passport or other travel documents and such other 

document or authority as may be prescribed by or under any law, in that behalf but remains therein beyond the permitted period of time:) 

[PROVIDED that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or 

Substituted for the existing clauses (b) and (c) and the proviso to clause (c) by the Citizenship (Andt.) Act, 2003 (6 of 2004), dt. 7-1-2004, w.e.f. 3-12-2004 vide S.O. 1325(E), dt: 3-12-2004. Inserted by the Citizenship (Amdt.) Act, 2019 (47 of 2019), dt. 12-12-2019. 

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THE CITIZENSHIP ACT, 1955 3 

under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920) or from the application of the provisions of the Foreigners Act, 1946 (31 of 1946) or any rule or order made thereunder, shall not be treated as illegal migrant for the 

purposes of this Act;] (d) “Indian consulate” means the office of any consular officer of the 

Government of India where a register of births is kept, or where there is no 

such office, such office as may be prescribed; (e) “minor” means a person who has not attained the age of eighteen years; 1[(ee) "Overseas Citizen of India Cardholder" means a person registered as an 

Overseas Citizen of India Cardholder by the Central Government under section 7A;] "person" does not include any company or association or body of 

individuals, whether incorporated or not; (g) "prescribed" means prescribed by rules made under this Act; ?I(gg) xxx] 

(h) "undivided India" means India as defined in the Government of India Act, 

1935, as originally enacted. (2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. 

(3) Any reference in this Act to the status or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred before, and the birth occurs after the commencement of this Act, the status or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description applicable to him at the time of his death. 

(+) For the purposes of this Act, a person shall be deemed to be of full age if he is not a ininor, and of full capacity if he is not of unsound mind. 

COMMENTS 

Public Provident Fund Act, 1968, 'minor' means a person who is not deemed to have attained majority under the Indian Majority Act, 1875. 

A child in the womb cannot be regarded as a minor member of the family within the meaning of the Kerala Land Reforms Act, 1964.–Balakrishna Kurup v. State AIR 1977 Ker 13 

According to the Workmen's Compensation Act, 1923, 'minor' means a person who has not attained the age of 18 years. According to the Registration Act, 1908, 'minor' means a person who, according to the personal law to which he is subject, has not attained majority. According to Hindu Adoptions and Maintenance Act, 1956, “minor' means a person who has not completed his or her age of eighteen years. According to the Hindu Minority and Guardianship Act, 1956, 'minor' means a person who has not completed the age of eighteen years. According to the Guardians and Wards Act, 1890, 'minor' means a person who, under the provisions of the Indian Majority Act, 1875, is to be deemed not to have attained his majority. According to Indian Succession Act, 1925, “minor" means any person subject to the Indian Majority Act, 1875 (9 of 1875) who has not attained his majority within the meaning of that Act, and any other person who has not completed the age of eighteen years, Person 

The word 'person has to be given its plain meaning unless it leads to absurdity or is susceptible to another meaning and if no such alternative construction is possible, the ordinary rule of literal construction must be adopted. Definition of the term 'person' under s. 2(1)(m) is not exhaustive. Sec. 3(42) of the General Clauses Act, 1897 defines 'person' to include any company or association or body of individuals, whether incorporated or not. Hence even a company falls within the term 'person'

Unders. 2(xviii) of Gift Tax Act, 1958, 'person' includes a Hindu undivided family or a company or an association of persons or a body of individuals, whether incorporated or not. 

Unders. 2(31) of the Income Tax Act, 1961, 'person’includes an individual, a Hindu undivided family, a company, a firm, an association of persons or a body of individuals, whether incorporated or not, a local authority, and every artificial juridical person, not falling within any of the preceding sub-clauses. 

In Order 30, Rule 10, Code of Civil Procedure, 1908, the word 'person' does not include a company, because such a construction will be repugnant to the context. —Modi Vanaspati v. Khaitan Jute Mills AIR 1969 Cal 496 

According to General Clauses Act, 1897, 'person'shall include any company or association or body of individuals, whether incorporated or not. According to Consumer Protection Act, 1986, 'person' includes--(i) a firm whether registered or not; (ii) a Hindu undivided family; (iii) a co-operative society; (iv) every other association of persons whether registered under the Societies Registration Act, 1860 (22 of 1860) or not. 

ACQUISITION OF CITIZENSHIP '[3. Citizenship by birth 

(1) Except as provided in sub-section (2), every person born in India - 

(a) on or after the 26th dav of January, 1950, but before the 1st day of July, 1987; (b) on or after the 1st day of July, 1987, but before the commencement of the 

Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen 

of India at the time of his birth; (c) on or after the commencement of the Citizenship (Amendment) Act, 2003, 

where 

(i) both of his parents are citizens of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal 

migrant at the time of his birth, 

Minor 

Minor is an infant or person who is under the age of legal competence. Under s 3 of the Indian Christian Marriage Act, 1872, 'minor' means a person who has not completed the age of twenty-one years and who is not a widower or a widow. Sec. 2(C) of ine Indian Succession Act, 1925 says that 'minor' means any person subject to the Indian Majority Aci 1875 who has not attained his majority within the meaning of that Act, and any other person who has not completed the age of eighteen years; and 'minority' means the status of any such person. Unders. 3(c) of the Hindu Adoptions and Maintenance Act, 1956, 'minor' means a person who has not completed the age of eighteen years. 

According to the Registration Act, 1908, 'minor means a person, who according to the personal law to which he is subject, has not attained majority. Under s. 2(e) of the Citizenship Act, 1955, 'minor' means a person who has not attained the age of 18 years. Under Sec. 2(b) of the 

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(2) A person shall not be a citizen of India by virtue of this section if at the time of his birth 

(a) either his father or mother possesses such immunity from suits and legal 

process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen 

of India; or (b) his father or mother is an enemy alien and the birth occurs in a place then 

under occupation by the enemy.] 4. Citizenship by descent 

[(1) A person born outside India shall be a citizen of India by descent

(a) on or after the 26th day of January, 1950, but before the 10th day of 

December, 1992, if his father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either of his parents is a citizen 

of India at the time of his birth: PROVIDED that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless 

(a) his birth is registered at an Indian consulate within one year of its occurrence 

or the commencement of this Act, whichever is later, or, with the permission 

of the Central Government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service under a Government in India: 

PROVIDED FURTHER that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless 

(a) his birth is registered at an Indian consulate within one year of its occurrence 

or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said 

period; or (b) either of his parents is, at the time of his birth, in service under a Government 

in India: PROVIDED ALSO that on or after the commencement of the Citizenship (Amendment) Act, 2003, a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed, 

(i) within one year of the commencement of the Citizenship (Amendment) Act, 

2003, whichever is later; or (ii) with the permission of the Central Government, after the expiry of the said 

period: PROVIDED ALSO that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country. 

(1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.] 

(2) If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was 

(3) For the purposes of the proviso to sub-section (1), '[any person] born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only. 5. Citizenship by registration 

[(1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely: 

(a) a person of Indian origin who is ordinarily resident in India for seven years 

before making an application for registration; (b) a person of Indian origin who is ordinarily resident in any country or place 

outside undivided India; (c) a person who is married to a citizen of India and is ordinarily resident in 

India for seven years before making an application for registration; (d) minor children of persons who are citizens of India; (e) a person of full age and capacity whose parents are registered as citizens of 

India under clause (a) of this sub-section or sub-section (1) of section 6; a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and '[is ordinarily resident in India for twelve months] immediately before making an application for registration; a person of full age and capacity who has been registered as an *[Overseas Citizen of India Cardholder] for five years, and who'sis ordinarily resident 

in India for twelve months] before making an application for registration. Explanation 1: For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if 

(i) he has resided in India throughout the period of twelve months 

immediately before making an application for registration; and (ii) he has resided in India during the eight years immediately preceding the 

said period of twelve months for a period of not less than six years. Explanation 2 : For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.] 

'[(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks.] 

(2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in Schedule II. 

5

1

Substituted for words "any male person" by Act No. 30 of 1992, w.e.f. 10-12-1992. Substituted by the Citizenship (Amdt.) Act, 2003 (6 of 2004), dt. 7-1-2004, w.e.f. 3-12-2004. 

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SECTION 6A 

6 THE CITIZENSHIP ACT, 1955 

SECTION 6A 

(3) No person who has renounced, or has been deprived of, his Indian citizenship, or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government

(4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India. 

(5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of Article 6 or Article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. 

'[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.] 6. Citizenship by naturalisation 

(1) Where an application is made in the prescribed manner by any person of full age and capacity (not being an illegal migrant] for the grant of a certificate of naturalisation to him, the Central Government may, if satisfied that the applicant is qualified for naturalisation under the provisions of Schedule III, grant to him, a certificate of naturalisation : 

PROVIDED that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in Schedule III

(2) The person to whom a certificate of naturalisation is granted under sub-section (1) shall, on taking the oath of allegiance in the form specified in Schedule II, be a citizen of India by naturalisation as from the date on which that certificate is granted. 

(c) "specified territory" means the territories included in Bangladesh 

immediately before the commencement of the Citizenship (Amendment) 

Act, 1985; (d) a person shall be deemed to be of Indian origin, if he, or either of his parents 

or any of his grandparents was born in undivided India; (e) a person shall be deemed to have been detected to be a foreigner on the date 

on which a Tribunal constituted under the Foreigners (Tribunals) Order, 1964 submits its opinion to the effect that he is a foreigner to the officer or 

authority concerned. (2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came before the 1st day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the 1st day of January, 1966

(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who 

(a) came to Assam on or after the 1st day of January, 1966 but before the 25th 

day of March, 1971 from the specified territory; and (b) has, since the date of his entry into Assam, been ordinarily resident in 

Assam; and 

(c) has been detected to be a foreigner, shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (thereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom. 

Explanation: In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this sub-section and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall, - 

(i) if such opinion contains a finding with respect to such other requirement, 

decide the question in conformity with such finding; (ii) if such opinion does not contain a finding with respect to such other 

requirement, refer the question to a Tribunal constituted under the said Order having jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the 

question in conformity with the opinion received on such reference. (4) A person registered under sub-section (3) shall have, as from the date'on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of India (including the right to obtain a passport under the Passports Act, 1967 (15 of 1967) and the obligations connected therewith), but shall not be entitled to have his name included in any electoral roll for "any Assembly or 

. . .1 - olihn nnid marind of ton voar

COMMENTS 

Indian citizenship is not and cannot be a sine qua non for obtaining a decree for ejectment of his tenant under the West Bengal Premises Tenancy Act, 1956 or other relevant law if he reasonably requires the suit premises. Under s. 6(3) of the Citizenship Act, 1955, the plaintiff landlord having once renounced his Indian citizenship cannot be regarded as a citizen of India except by the order of the Central Government. But this cannot, by itself stand in the way of the landlord's getting a decree of ejectment if he has satisfactorily proved that he reasonably requires the suit premises and he will have to take care of the citizenship matter in due course as and when he would be applying for the same.-A.K. Mukherji v. Prodip Ranjan Sarbadhikary AIR 1988 Cal 259 *[6A. Special provisions as to citizenship of persons covered by the Assam Accord 

(1) For the purposes of this section 

(a) "Assam" means the territories included in the State of Assam immediately 

before the commencement of the Citizenship (Amendment) Act, 1985; (b) "detected to be a foreigner" means detected to be a foreigner in accordance 

with the provisions of the Foreigners Act, 1946 (31 of 1946) and the Foreigners (Tribunals) Order, 1964 by a Tribunal constituted under the said Order; 

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SECTION 6B 

SECTION ZA 

(5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner

(6) Without prejudice to the provisions of section 8,— 

(a) if any person referred to in sub-section (2) submits in the prescribed manner 

and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985, for year a declaration that he does not wish to be a citizen of India, such person shall 

not be deemed to have become a citizen of India under that sub-section; (b) if any person referred to in sub-section (3) submits in the prescribed manner 

and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985 for year or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-sections (4) and (5), it shall not be necessary for such 

person to register himself under sub-section (3). Explanation : Where a person required to file a declaration under this sub-section does not have the capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force, to act in his behalf

(7) Nothing in sub-sections (2) to (6) shall apply in relation to any person 

(a) who, immediately, before the commencement of the Citizenship 

(Amendment) Act, 1985, for year is a citizen of India; (b) who was expelled from India, before the commencement of the Citizenship 

(Amendment) Act, 1985, for year under the Foreigners Act, 1946. (8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.) [6B. Special provisions as to citizenship of person covered by proviso to clause (b) 

of sub-section (1) of section

(1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, granta certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section 2

(2) Subject to fulfilment of the conditions specified in section 5 or the qualifications for naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India from the date of his entry into India

(3) On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him

PROVIDED that such person shall not be disqualified for making application for citizenship under this section on the ground that the proceeding is pending against him and the Central Government or authority specified by it in this behalf shall not reject his application on that ground if he is otherwise found qualified for grant of citizenship under this section: 

PROVIDED FURTHER that the person who makes the application for citizenship under this section shall not be deprived of his rights and privileges to which he was entitled on the date of receipt of his application on the ground of making such application

(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under “The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873 (Reg. 5 of 1873).1 7. Citizenship by incorporation of territory 

If any territory becomes a part of India, the Central Government may, by order notified in the Official Gazette, specify the persons who shall be citizens of India by reason of their connection with that territory; and those persons shall be citizens of India as from the date to be specified in the order

[OVERSEAS CITIZENSHIP 2[7A. Registration of Overseas Citizen of India Cardholder 

(1) The Central Government may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, register as an Overseas Citizen of India Cardholder 

(a) any person of full age and capacity, 

(i) who is a citizen of another country, but was a citizen of India at the 

time of, or at any time after the commencement of the Constitution; or (ii) who is a citizen of another country, but was eligible to become a citizen 

of India at the time of the commencement of the Constitution; or (iii) who is a citizen of another country, but belonged to a territory that 

became part of India after the 15th day of August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen

or 

(b) a person, who is a minor child of a person mentioned in clause (a); or (c) a person, who is a minor child, and whose both parents are citizens of India 

or one of the parents is a citizen of India; or (d) spouse of foreign origin of a citizen of India or spouse of foreign origin of 

an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: PROVIDED that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India: PROVIDED FURTHER that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section

10 THE CITIZENSHIP ACT, 1955 

SECTION 7

THE CITIZENSHIP ACT, 1955 11 

SECTION

(2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing Persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders

Explanation : For the purposes of this sub-section, "Persons of Indian Origin Cardholders" means the persons registered as such under notification number 26011/4/98 F.I., dated the 19th August, 2002, issued by the Central Government in this regard

(3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder. 7B. Conferment of rights on Overseas Citizen of India Cardholder 

(1) Notwithstanding anything contained in any other law for the time being in force, an Overseas Citizen of India Cardholder shall be entitled to such rights, other than the rights specified under sub-section (2), as the Central Government may, by notification in the Official Gazette, specify in this behalf

(2) An Overseas Citizen of India Cardholder shall not be entitled to the rights conferred on a citizen of India 

(a) under article 16 of the Constitution with regard to equality of opportunity 

in matters of public employment; (b) under article 58 of the Constitution for election as President; (c) under article 66 of the Constitution for election as Vice-President; (d) under article 124 of the Constitution for appointment as a Judge of the 

Supreme Court; (e) under article 217 of the Constitution for appointment as a Judge of the High 

Court; (f) under section 16 of the Representation of the People Act, 1950 (43 of 1950) 

in regard to registration as a voter; (g) under sections 3 and 4 of the Representation of the People Act, 1951 (43 of 

1951) with regard to the eligibility for being a member of the House of the 

People or of the Council of States, as the case may be; (h) under sections 5, 5A and section 6 of the Representation of the People Act, 

1951 (43 of 1951) with regard to the eligibility for being a member of the Legislative Assembly or the Legislative Council, as the case may be, of a 

State; (i) for appointment to public services and posts in connection with affairs of 

the Union or of any State except for appointment in such services and posts 

as the Central Government may, by special order in that behalf, specify. (3) Every notification issued under sub-section (1) shall be laid before each House of Parliament. 7C. Renunciation of Overseas Citizen of India Card 

(1) If any Overseas Citizen of India Cardholder of full age and capacity makes in prescribed manner a declaration renouncing the Card registering him as an Overseas Citizen of India Cardholder, the declaration shall be registered by the Central Government and upon such registration, that person shall cease to be an Overseas Citizen of India Cardholder. 

person registered as an Overseas Citizen of India Cardholder shall thereunpon cease to be an Overseas Citizen of India Cardholder. 7D. Cancellation of registration as Overseas Citizen of India Cardholder 

The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A, if it is satisfied that, 

(a) the registration as an Overseas Citizen of India Cardholder was obtained 

by means of fraud, false representation or the concealment of any material 

fact; or (b) the Overseas Citizen of India Cardholder has shown disaffection towards 

the Constitution, as by law established; or (c) the Overseas Citizen of India Cardholder has, during any war in which 

India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy 

in that war; or (d) the Overseas Citizen of India Cardholder has, within five years after 

registration under sub-section (1) of section 7A, been sentenced to 

imprisonment for a term of not less than two years; or 1[(da) the Overseas Citizen of India Cardholder has violated any of the provisions 

of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the 

Official Gazette; or] (e) it is necessary so to do in the interests of the sovereignty and integrity of 

India, the security of India, friendly relations of India with any foreign 

country, or in the interests of the general public; or (f) the marriage of an Overseas Citizen of India Cardholder, who has obtained 

such Card under clause (d) of sub-section (1) of section 7A, 

(i) has been dissolved by a competent court of law or otherwise; or (ii) has not been dissolved but, during the subsistence of such marriage, 

he has solemnised marriage with any other person:] [PROVIDED that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.] 

TERMINATION OF CITIZENSHIP 8. Renunciation of citizenship 

(1) Ifany citizen of India of fullage and capacity, [xxx]makes in the prescribed manner a declaration renouncing his Indian citizenship, the declaration shall be registered by the prescribed authority, and, upon such registration, that person shall cease to be a citizen of India : 

PROVIDED that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise 

directs. 

12 THE CITIZENSHIP ACT, 1955 

SECTION

SECTION 10 

THE CITIZENSHIP ACT, 1955 13 

(2) Where '[a person] ceases to be a citizen of India under sub-section (1) every minor child of that person shall thereupon cease to be a citizen of India

PROVIDED that any such child may, within one year after attaining full age, make a declaration in the prescribed form and meanner) that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India

(3) "[xxx] 9. Termination of citizenship 

(1) Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India

PROVIDED that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquires the citizenship of another country, until the Central Government otherwise directs

(2) If any question arises as to whether, when or how any "[citizen of India] has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf

COMMENTS 

If a dispute arises as to whether an Indian citizen has acquired the citizenship of another country, it has to be determined by such authority and in such manner and having regard to such rules of evidence as may be prescribed in that behalf. That is the effect of s. 9(2). The rules prescribed in that behalf have made the Central Government or its delegate the appropriate authority to deal with this question and that means this particular question cannot be tried in courts.--State of M.P. v. Peer Mohd. AIR 1963 SC 645 

In all cases where action is proposed to be taken against persons residing in this country on the ground that they have acquired the citizenship of a foreign State and have lost in consequence the citizenship of this country, it is essential that the question should be first considered by the Central Government. In dealing with the question the Central Government would undoubtedly be entitled to give effect to the impugned r. 3 in Sch. lll and deal with the matter in accordance with the other relevant rules framed under the Act. The decision of the Central Government about the status of the person is the basis on which any further action can be taken against him.-Government of A.P. v. Syed Mohd. Khan AIR 1962 SC 1778 

When the matter falls within s. 9(2) of the Citizenship Act, 1955, all other provisions of law are excluded. The authority prescribed under the Citizenship Act, 1955 alone can decide the questions arising under s. 9(2) and the rules of evidence which should govern that decision shall be those prescribed for the purpose under that Act.—Bhagwati Prasad v. Rajeev Gandhi AIR 1986 SC 1534 

The question of determination of the national status can arise only if the person concerned is interested in seeking such a determination or if he raises such a question and moves the concerned authorities for its determination under s. 9(2). It is not as if with regard to each and every person being deported on expiry of the period of his visa, there should be a prior determination by the Central Government of his national status, before he is deported. It is neither possible nor advisable for the Central Government to be burdened with a duty of determination of the national status of every person entering the country under a foreign passport with an Indian visa to decide 

the question of his national status before being deported. May be, the mere acquisition of a Pakistani passport is not sufficient to hold that there is an abandonment of Indian citizenship, assuming that person to be deported was an Indian citizen at any time. That does not, however, absolve the person concerned from raising the question and applying for determination of the status under s. 9(2) if really his claim is to be an Indian national. If he himself is not interested in the matter and has not even moved the concerned authority for the purpose, it is not proper to hold that there is any failure to decide this question on the part of the government. There is no obligation cast on the Central Government under the Citizenship Act to decide such a question unless the party concerned moves the Central Government for the purpose, when the entry into the country was under a foreign passport and prima facie, the person concerned is a foreign national.—Cheelil Thottolil Asia v. Union of India AIR 1988 Ker 23

Question whether a person who was an Indian citizen at the commencement of the Constitution of India has subsequently acquired a foreign citizenship is a question determinable exclusively by the Central Government in accordance with s. 9(2) of the Citizenship Act r/w r. 30 of the Rules.-Gyasuddin v. Allah Tala Waqf Mausuma AIR 1986 All 39 

The question of determination of the national status can arise only if the person concerned is interested in seeking such a determination or if he raises such a question and moves the concerned authorities for its determination unders. 9(2). It is not as if with regard to each and every person being deported on expiry of the period of his visa. There should be a prior determination by the Central Government of his national status before he is deported.-Thottelil Asia v. Union of India AIR 1988 Ker 231 10. Deprivation of citizenship 

(1) A citizen of India who is such by naturalisation or by virtue only of clause (c) of Article 5 of the Constitution or by registration otherwise than under clause (b)(ii) of Article 6 of the Constitution or clause (a) of sub-section (1) of section 5 of this Act, shall cease to be a citizen of India, if he is deprived of that citizenship by an order of the Central Government under this section. 

(2) Subject to the provisions of this section, the Central Government may, by order, deprive any such citizen of Indian citizenship, if it is satisfied that, 

(a) the registration or certificate of naturalisation was obtained by means of 

fraud, false representation or the concealment of any material fact; or (b) that citizen has shown himself by act or speech to be disloyal or disaffected 

towards the Constitution of India as by law established; or that citizen has, during any war in which India may be engaged unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business that was to his knowledge carried on in such manner as 

to assist an enemy in that war; or (d) that citizen has, within five years after registration or naturalisation, been 

sentenced in any country to imprisonment for a term of not less than two 

years; or (e) that citizen has been ordinarily resident, out of India for a continuous period 

of seven years, and during that period, has neither been at any timea student of any educational institution in a country outside India or in the service of a Government in India or of an international organisation of which India is a member, not registered annually in the prescribed manner at an Indian conculata hic intontion to matrim hin -1----1-:--OT. 1'

14 THE CITIZENSHIP ACT, 1955 

SECTION 14A 

SECTION 16 

THE CITIZENSHIP ACT, 1955 15 

(4) The Central Government may appoint such other officers and staff as may be required to assist the Registrar General of Citizen Registration in discharging his functions and responsibilities

(5) The procedure to be followed in compulsory registration of the citizens of India shall be such as may be prescribed.] 15. Revision 

(1) Any person aggrieved by an order made under this Act by the prescribed authority or any officer or other authority (other than the Central Government) may, within a period of thirty days from the date of the order, make an application to the Central Government for revision of that order

PROVIDED that the Central Government may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time

(2) On receipt of any such application under sub-section (1), the Central Govern ment shall, after considering the application of the aggrieved person and any report thereon which the officer or authority making the order may submit, make such order in relation to the application as it deems fit, and the decision of the Central Government shall be final. 1[15A. Review 

(1) Any person aggrieved by an order made by the Central Government, may within thirty days from the date of such order, make an application for review of suc

order

(4) Before making an order under this section, the Central Government shall give the person against whom the order is proposed to be made, notice in writing informing him of the ground on which it is proposed to be made and, if the order is proposed to be made on any of the grounds specified in sub-section (2) other than clause (e) thereof, of his right, upon making application therefor in the prescribed manner, to have his case referred to a committee of inquiry under this section

(5) If the order is proposed to be made against a person or any of the grounds specified in sub-section (2) other than clause (e) thereof and that person so applies in the prescribed manner, the Central Government shall, and in any other case it may, refer the case to a Committee of Inquiry consisting of a Chairman (being a person who has for at least ten years held a judicial office) and two other members appointed by the Central Government in this behalf. 

(6) The Committee of Inquiry shall, on such reference, hold the inquiry in such manner as may be prescribed and submit its report to the Central Government, and the Central Government shall ordinarily be guided by such report in making an order under this section. 

SUPPLEMENTAL "[11. Commonwealth citizenship 

xxx] 1[12. Power to confer rights of Indian citizen on citizens of certain countries 

xxx] 13. Certificate of citizenship in case of doubt 

The Central Government may, in such cases as it thinks fit, certify that a person with respect to whose citizenship of India a doubt exists, is a citizen of India; and a certificate issued under this section shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that that person was such a citizen on the date thereof, but without prejudice to any evidence that he was such a citizen at an earlier date

  1. Disposal of application under 2[sections 5, 6 and 7A] 

(1) The prescribed authority or the Central Government may, in its discretion, grant or refuse an application under "[section 5, section 6 or section 7A] and shall not be required to assign any reasons for such grant or refusal

(2) Subject to the provisions of section 15, the decision of the prescribed authority or the Central Government on any such application as aforesaid shall be final and shall not be called in question in any court. °[144 Issue of national identity cards 

(1) The Central Government may compulsorily register every citizen of India and issue national identity card to him. 

(2) The Central Government may maintain a National Register of Indian Citizens and for that purpose establish a National Registration Authority. 

(3) On and from the date of commencement of the Citizenship (Amendment) Act, 2003, the Registrar General, India, appointed under sub-section (1) of section 3 of the Registration of Births and Deaths Act, 1969 shall act as the National Registration Authority and he shall function as the Registrar General of Citizen Registration. 

PROVIDED that the Central Government may entertain application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time

PROVIDED FURTHER that an application for a review ofan order passed in terms of the provisions of section 14A shall be disposed of in the manner provided for in the procedure as may be laid down under clause (ia) of sub-section (2) of section 18

(2) On receipt of an application under sub-section (1), the Central Government shall, make such order as it deems fit, and the decision of the Central Government on such review shall be final.] 16. Delegation of powers 

The Central Government may, by order, direct that any power which is conferred on it by any of the provisions of this Act other than those of section 10 and section 18 shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be so specified

COMMENTS 

Powers exercisable u/s 5 and uls 6 of the Act delegated 

Vide SO 5377(E), dt. 23-10-2018, w.e.f. 22-12-2018, in exercise of the powers conferred by section 16 of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby directs that powers exercisable by it, for registration as a citizen of India under section 5 orfor grant of certificate of naturalisation under section 6 of the Citizenship Act, 1955, in respect of any person belonging to minority community in Afghanistan, Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians (herein this Order referred to as "the applicant"), residing in the States of Chhattisgarh, Gujarat, Madhya Pradesh, Mahahrashtra, Rajasthan, Uttar Pradesh and Union Territory of Delhi, shall also be exercisable by 

(a) the Collector, within whose jurisdiction the applicant is ordinarily resident, in relation 

16 THE CITIZENSHIP ACT, 1955 

SECTION 18 

SECTION 18 

THE CITIZENSHIP ACT, 1955 17 

(a) the registration of anything required or authorised under this Act to be 

registered, and the conditions and restrictions in regard to such registration; 1[(aa) the form and manner in which a declaration under sub-section (1) of section 

4 shall be made;] (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act, and the 

time within which, and the manner in which, such oaths shall be taken and recorded; the giving of any notice required or authorised to be given by any person 

under this Act; (e) the cancellation of the registration of, and the cancellation and amendment 

of certificates of naturalisation relating to, persons deprived of citizenship 

under this Act, and the delivering up of such certificates for those purposes; (ee) the manner and form in which and the authority to whom declarations 

referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be 

submitted and other matters connected with such declarations; 2[(eei) the conditions, restrictions and manner for granting certificate of 

registration or certificate of naturalisation under sub-section (1) of section 

(d) 

6B;] 

(ii) Ahmedabad, Gandhinagar and Kutch in the State of Gujarat; (iii) Bhopal and Indore in the State of Madhya Pradesh; (iv) Nagpur, Mumbai, Pune and Thane in the State of Maharashtra; (V) Jodhpur, Jaisalmer and Jaipur in the State of Rajasthan; (vi) Lucknow in the State of Uttar Pradesh; and 

(vii) West Delhi and South Delhi in the Union territory of Delhi; and (b) the Secretary of the Department of Home of the State or the Union territory, as the 

case may be, within whose jurisdiction the applicant is ordinarily resident, in relation to districts not covered under clause (a), in accordance with the provisions of the Citizenship Rules, 2009 (hereinafter referred to as the said rules), subject to the following conditions, namely: 

(A) the application for registration as citizen of India or grant of certificate of 

naturalisation as citizen of India under the said rules is made by the applicant 

online; (B) the verification of the application is done simultaneously by the Collector or the 

Secretary, as the case may be, at the district level and the State level and the application and the reports thereon shall be made accessible simultaneously to the Central Government on online portal; the Collector or the Secretary, as the case may be, makes such inquiry as he considers necessary for ascertaining the suitability of the applicant and for that purpose forwards the application online to such agencies for verification and comments as may be required for completing such an inquiry and the instructions issued by the Central Government from time to time in this regard shall be strictly complied with by the State or Union Territory and District concerned. the comments of the agencies referred to in clause (C) are uploaded online by such agencies and accessible to the Collector or the Secretary, as the case 

may be, and the Central Government; (E) the Collector or the Secretary, as the case may be, on being satisfied with the 

suitability of the applicant, grants him/her the citizenship of India by registration or naturalisation and issue a certificate of registration or naturalisation, as the case may be, duly printed from online portal and signed by the Collector or the 

Secretary, as the case may be, in the Form as prescribed in the said rules; and (F) the Collector and the Secretary shall maintain an online/digital as well as 

physical register, in accordance with the said rules, containing the details of persons so registered or naturalised as a citizen of India and furnish a copy thereof to the Central Government within seven days of such registration or 

naturalization. 17. Offences 

Any person who, for the purpose of procuring anything to be done or not to be done under this Act, knowingly makes any representation which is false in a material particular shall be punishable with imprisonment for a term which may extend to [five years), or ?[with fine which may extend to fifty thousand rupees), or with both. 18. Power to make rules 

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for 

[(eea) the conditions and the manner subject to which a person may be registered 

as an Overseas Citizen of India Cardholder under sub-section (1) of section 

7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of 

India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of 

any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, 

declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies 

of documents; (h) the authority to determine the question of acquisition of citizenship of 

another country, the procedure to be followed by such authority and rules 

of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under 

section 10 and the conferment on such committees of any of the powers, 

rights and privileges of civil courts; '[(ia) the procedure to be followed in compulsory registration of the citizens of 

India under sub-section (5) of section 14A;] (j) the manner in which applications for revision may be made and the 

procedure to be followed by the Central Government in dealing with such 

applications; and (k) any other matter which is to be or marrha nromarihod undou 11. A 

SCHEDULE IV 

THE CITIZENSHIP ACT, 1955 19 

18 THE CITIZENSHIP ACT, 1955 

SCHEDULE III 

(3) In making any rule under this section, the Central Government may provide that breach thereof shall be punishable with fine which may extend to one thousand rupees

[PROVIDED that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

(4) Every rule made under this section shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 19. Repeals 

[Repealed by the Repealing and Amending Act, 1960 (58 of 1960)

2[SCHEDULEI 

xxx] 3[SCHEDULE II OATH OF ALLEGIANCE 

(Refer sections 5(2) and 6(2)] I, A/B ...... do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully observe the laws of India and fulfil my duties as a citizen of India.

SCHEDULE III QUALIFICATIONS FOR NATURALISATION 

[Section 6(1)] The qualifications for naturalisation of a person [xxx] are

(a) that he is not a subject or citizen of any country where citizens of India are 

prevented by law or practice of that country from becoming subjects or 

citizens of that country by naturalisation; (b) that, if he is a citizen of any country "[he undertakes to renounce the 

citizenship of that country in the event of his application for Indian 

citizenship being accepted]; (c) that he has either resided in India or been in the service of a Government in 

India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application: [PROVIDED that if the Central Government is satisfied that special circumstances exist, it may, after recording the circumstances in writing, 

relax the period of twelve months up to a maximum of thirty days which may be in different breaks.] that during the '[fourteen years) immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than -[eleven years): 

[PROVIDED that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as "not less than five years" in place of not 

less than eleven years.] (e) that he is of good character; (f) that he has an adequate knowledge of a language specified in Schedule VIII 

to the Constitution; and ) that in the event of a certificate of naturalisation being granted to him, he 

intends to reside in India, or to enter into, or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in 

India: PROVIDED that the Central Government may, if in the special circumstances of any particular case it thinks fit, 

(i) allow a continuous period of twelve months ending not more than six 

months before the date of the application to be reckoned, for the purposes 

of clause (c) above, as if it had immediately preceded that date; (ii) allow periods of residence or service earlier than [fifteen years] before the 

date of the application to be reckoned in computing the aggregate mentioned in clause (d) above. 

[SCHEDULE IV 

XXX] 

1

Inserted by Citizenship (Amdt.) Act, 2003 (6 of 2004), dt. 7-1-2004, w.e.f. 3-12-2004. Omitted, ibid. 

Substituted for "twelve years" hy Acthof 2000 dt 71 2001 unnin