Indian nationality law

Indian citizenship/nationality law: Relevant Indian legislation is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986 and the Citizenship (Amendment) Act 1992.

Citizenship by Birth

Under the 1955 Act, and prior to the commencement of the 1986 Act on 1 July 1987, any person born in India was a citizen of India by birth. A person born in India on or after 1 July 1987 was a citizen of India if either of the parents was a citizen of India at the time of the birth.

Citizenship by Descent

Prior to the commencement of the 1992 Act on 10 December 1992, a person born outside India could normally only be a citizen of India by descent if the father was a citizen of India by birth. A person born outside India on or after 10 December 1992 is normally only a citizen of India if either parent was a citizen of India by birth. Citizenship of India acquired in this way is citizenship by descent.

A person born outside India to a parent who is a citizen of India by descent can also be a citizen of India by descent if the birth is registered at an Indian Consulate or High Commission abroad or the parent is in Indian Government service.

Losing Indian citizenship by Renunciation

Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be ?of full age and capacity.?

Automatic Termination of Indian citizenship

Termination is covered in Section 9 of the Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation. Section 9(1) of the act provides that any citizen of India who by naturalisation, or registration acquires the citizenship of another country shall cease to be a citizen of India. It also provides that any citizen of India who voluntarily acquires in any way the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to ?any citizen of India? and there is no stipulation that a person must be ?of full age and capacity? to lose Indian citizenship by termination. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, registration. The acquisition of another country's passport is also deemed under the Citizenship rules to be voluntary acquisition of another country?s nationality. It does not matter that a person continues to hold an Indian passport. Persons who acquire another citizenship lose Indian citizenship with from the date on which they acquire that citizenship or another country's passport.

On 16 February 1962, a Constitution Bench of the Supreme Court of India held in the case of Izhar Ahmad Khan Vs. Union of India that ?Section 9 (of the Citizenship Act 1955) provides that the acquisition of foreign citizenship can be the result either of naturalisation or registration or any other method of voluntarily acquiring such citizenship. Just as the citizenship of India can be acquired by naturalisation or registration, so can the citizenship of a foreign country be similarly acquired by naturalisation or registration. If it is shown that the person has acquired foreign citizenship either by naturalisation or registration, there can be no doubt that he ceases to be a citizen of India in consequence of such naturalisation or registration. These two classes of foreign citizenship present no difficulty. It is only in regard to the category of cases where foreign citizenship is acquired otherwise than by naturalisation or registration that difficulty may arise.?