The Citizenship Act, 1955 forms the foundation of how Indian citizenship is acquired, regulated, and lost after the commencement of the Constitution of India. This act, with its multiple amendments from 1957 to 2015, defines crucial modes of citizenship such as birth, descent, registration, naturalisation, and incorporation of territory. Understanding this legislation is essential for students and aspirants preparing for UPSC, SSC, and other civil services examinations, as it provides insight into the evolving framework of national identity and legal status in India.
The Citizenship Act, 1955: Historical Context, Amendments, and Significance
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The Citizenship Act, 1955 establishes how individuals become Indian citizens and under what conditions they may lose that status.
This legislation was enacted to operationalize citizenship provisions after the Constitution came into force. Over the decades, the Act has undergone several amendments to address challenges posed by migration, globalisation, and regional issues like the Assam Accord.
- (i) The Act regulates the acquisition and termination of citizenship post-1950, ensuring clear legal identity for citizens of India.
- (ii) It has been amended multiple times to reflect political, demographic, and constitutional developments.
- (iii) Originally, it also contained provisions on Commonwealth citizenship, which were later repealed to maintain sovereignty and exclusivity in nationality laws.
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Overview and Amendments of the Citizenship Act, 1955
The Citizenship Act, 1955 has evolved through numerous amendments to adapt to changing national circumstances and international relations.
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Acquisition of Citizenship under the Act
The Citizenship Act, 1955 outlines five distinct modes for acquiring citizenship, ensuring comprehensive coverage for residents and persons of Indian origin worldwide.
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Citizenship by Birth
The right of citizenship by birth in India has evolved through different legislative phases, reflecting the country’s demographic and policy needs.
- (i) Individuals born between 26 January 1950 and 1 July 1987 automatically qualified as citizens regardless of parentage.
- (ii) Those born between 1 July 1987 and 3 December 2004 gained citizenship only if one parent was an Indian citizen.
- (iii) After 3 December 2004, stricter rules applied—both parents must be citizens or one a citizen and the other not an illegal migrant.
- (iv) Children of foreign diplomats and enemy aliens are excluded from citizenship by birth.
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Citizenship by Descent
This mode ensures that Indian heritage and lineage are preserved for those born outside India.
- (i) Individuals born abroad between 26 January 1950 and 10 December 1992 are citizens if their father was Indian at birth.
- (ii) After 10 December 1992, either parent being Indian suffices.
- (iii) Since 3 December 2004, registration at an Indian consulate within one year is required for recognition.
- (iv) Dual citizenship holders must renounce their foreign citizenship within six months of adulthood.
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Citizenship by Registration
The government may register certain categories of persons as citizens, provided they fulfill residency and origin criteria.
- (i) Persons of Indian origin residing in India for seven years before applying.
- (ii) Persons of Indian origin living abroad in territories outside undivided India.
- (iii) Spouses of Indian citizens residing in India for seven years.
- (iv) Minor children of Indian citizens.
- (v) Adults whose parents are registered Indian citizens.
- (vi) Former Indian citizens or their descendants living in India for twelve months before applying.
- (vii) OCI cardholders living in India for twelve months after five years of registration.
A person is deemed of Indian origin if they or their parents were born in undivided India or territories incorporated after 15 August 1947. All applicants must take an oath of allegiance to uphold the Constitution of India faithfully.
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Citizenship by Naturalisation
This pathway allows foreign nationals to become Indian citizens upon fulfilling legal conditions and demonstrating commitment to India’s values.
- (i) The applicant must not be from a country that restricts Indian citizens from naturalisation.
- (ii) They must agree to renounce prior citizenship.
- (iii) They should have resided in India for twelve months before applying.
- (iv) They must have lived or served in India for eleven of the previous fourteen years.
- (v) Possess good moral character.
- (vi) Have knowledge of a language listed in the Eighth Schedule.
- (vii) Intend to continue residing in or serving the Indian government.
The government may waive these conditions for individuals who have made exceptional contributions in science, literature, or world peace. Every naturalised citizen must take an oath of allegiance.
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Citizenship by Incorporation of Territory
When new territories become part of India, the government determines who among the residents qualifies as citizens.
- (i) For example, upon the merger of Pondicherry with India, the Citizenship (Pondicherry) Order, 1962 was issued under this provision.
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Special Provisions under the Assam Accord
Incorporated through the Citizenship (Amendment) Act, 1985, these provisions addressed the concerns of residents affected by illegal migration in Assam.
- (i) Persons of Indian origin who entered Assam before 1 January 1966 were deemed citizens from that date.
- (ii) Those entering between 1 January 1966 and 25 March 1971 were required to register and would gain full citizenship rights after ten years, excluding voting privileges during the interim period.
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Summary and Importance of the Citizenship Act, 1955
The Citizenship Act, 1955 remains the cornerstone of India’s nationality framework, ensuring clarity on who qualifies as an Indian citizen and under what conditions. Its amendments from 1957 to 2015 reflect the evolving understanding of citizenship, national security, and diaspora engagement. For students and aspirants preparing for civil services, mastering this Act is vital for understanding India’s legal fabric, demographic evolution, and constitutional principles of identity.
Citizenship in India and Its Constitutional Provisions
