[Act No. 57 of Year 1955 dated 30th.
December, 1955]
An Act to provide for the acquisition
and determination of Indian citizenship
Comment: From the resume of the
aforementioned provisions of the Constitution and the Citizenship
Act, it becomes clear that whenever any authority is called upon to
decide even for the limited purpose of another law, whether a person
is or is not a citizen
of India, the authority must carefully examine the question
and the provisions of
the Citizenship
Act extracted hereinbefore. Lal Babu Hussain and others,
Petitioners v. Electoral Registration Officer, AIR 1995 SUPREME
COURT 1189
Be it enacted by Parliament in the Sixth
Year of the Republic of India as follows: -
1. Short title
This Act may be called the Citizenship
Act, 1955.
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) "citizen"
in relation to a country specified in Schedule I, means a person
who, under the citizenship or nationality law for the time being in
force in that country, is a citizen or national of that
country;
(c)
"citizenship or nationality law" in relation to a country specified
in Schedule I, means an enactment of the Legislature of that country
which, at the request of the government of that country, the Central
Government may, by notification in the Official Gazette, have
declared to be an enactment making provision for the citizenship or
nationality of that country:
PROVIDED that
no such notification shall be issued in relation to the Union of
South Africa except with the previous approval of both Houses of
Parliament.
(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;
(f) "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;
(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defined in the Government of India Act, 1935, as originally
enacted.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.
(4) For the
purposes of this Act, a person shall be deemed to be of full age if
he is not a minor, and of full capacity if he is not of unsound
mind.
ACQUISITION OF CITIZENSHIP
3. Citizenship by
birth
1[(1) Except as provided in sub-section (2), every
person born in India,-
(a) on or
after the 26th day of January, 1950, but before the commencement of
the Citizenship (Amendment) Act, 1986;
(b) on or
after such commencement and either of whose parents is a citizen of
India at the time of his birth,
shall be a
citizen of India by birth.]
(2) A person
shall not be such a citizen by virtue of this section if at the time
of his birth-
(a) his father 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 is not a
citizen of India; or
(b) his father is an enemy alien and the
birth occurs in a place then under occupation by the enemy.
2[4. Citizenship by
descent
(1) A person born outside India,-
(a) on or after the 26th January, 1950,
but before the commencement of the Citizenship (Amendment) Act,
1992, shall be a citizen of India by descent if his father is a
citizen of India at the time of his birth; or
(b) on after such commencement, shall be
a citizen of India by descent if either of his parents is a citizen
of India at the time of his birth:]
PROVIDED that if the father of such a
person 3[referred to 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:
3[PROVIDED FURTHER that if
either of the parents of such 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 the commencement of
the Citizenship (Amendment) Act, 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.
(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 not obtained
before the registration.
(3) For the
purposes of the proviso to sub-section (1), 4[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 conditions and restrictions as may be prescribed,
the prescribed authority may, on application made in this behalf,
register as a citizen of India any person who is not already such
citizen by virtue of the Constitution or by virtue of any of the
other provisions of this Act and belongs to any of the following
categories,-
(a) persons of Indian origin who are
ordinarily resident in India and have been resident for five years
immediately before making an application for registration;
(b) persons of Indian origin who are
ordinarily resident in any country or place outside undivided
India;
(c) persons who are, or have been,
married to citizens of India and are ordinarily resident in India
and have been so resident for five years immediately before making
an application for registration.
(d) minor children of persons who are
citizens of India; and
(e) persons of full age and capacity who
are citizens of a country specified in Schedule I:
PROVIDED that
in prescribing the conditions and restrictions subject to which
persons of any such country may be registered as citizens of India
under this clause, the Central Government shall have due regard to
the conditions subject to which citizens of India may, by law or
practice of that country, become citizens of that country by
registration.
Explanation : 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.
(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.
(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. Citizenship by
naturalisation
(1) Where an
application is made in the prescribed manner by any person of full
age and capacity who is not a citizen of a country specified in
Schedule I 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
Third 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.
5[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;
(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 Indian
origin, if he, or either of his parents or any of his grandparents
was born in 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 lst 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 lst 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 lst 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 Passport Act, 1967 (15 of 1967) and the
obligations connected therewith), but shall not entitled to have his
name included in any electoral roll for any Assembly or
Parliamentary constituency at any time before the expiry of the said
period of ten years.
(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, 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 for
year.
(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.]
7. Citizenship by incorporation
of territory
(1) 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.
TERMINATION OF CITIZENSHIP
8. Renunciation of
citizenship
(1) If any
citizen of India of full age and capacity, who is also a citizen or
national of another country, 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.
(2) Where
6[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 that he wishes to resume Indian citizenship and shall
thereupon again become a citizen of India.
(3) For the
purposes of this section, any woman who is, or has been, married
shall be deemed to be of full age.
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 person 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.
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
(c) 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 time a 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 consulate his intention to retain his
citizenship of India.
(3) The
Central Government shall not deprive a person of citizenship under
this section unless it is satisfied that it is not conducive to the
public good that person should continue to be a citizen of
India.
(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
Every person
who is a citizen of a Commonwealth country specified in Schedule I
shall, by virtue of that citizenship, have the status of a
Commonwealth citizen of India.
12. Power to confer rights of
Indian citizen on citizens of certain countries
(1) The
Central Government may, by order notified in the Official Gazette,
make provisions on a basis of reciprocity for the conferment of all
or any of the rights of a citizen of India on the citizens of any
country specified in Schedule I.
(2) Any order
made under sub-section (1) shall have effect notwithstanding
anything inconsistent therewith contained in any law other than the
Constitution of India or this Act.
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.
14. Disposal of application under
sections 5 and 6
(1) The
prescribed authority or the Central Government may, in its
discretion, grant or refuse an application under section 5 or
section 6 and shall not be required to assign any reasons for such
grant or refusal.
(2) Subject
to the provisions of section l5, 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 any court.
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
Government 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.
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.
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 six months, or with fine, 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-
(a) the
registration of anything required or authorised under this Act to be
registered, and the conditions and restrictions in regard to such
registration;
(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;
(d) 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;
(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;
(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 may be, prescribed under the Act.
(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.
(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)]
SCHEDULE I
[Sections 2(1)(b) and 5(1)(e)]
A. The following Commonwealth
countries:
1. United Kingdom
2. Canada
3. Commonwealth of Australia
4. New Zealand
5. Union of South Africa
6. Pakistan
7. Ceylon
8. Federation of Rhodesia and
Nyasaland
9. Ghana
10. Federation of Malaya
11. Singapore
B. The Republic of Ireland
Explanation: In this Schedule, "United Kingdom"
means the United Kingdom of Great Britain and Northern Ireland, and
includes the Channel Islands, the Isle of Man and all Colonies; and
"Commonwealth of Australia" includes the territories of Papua and
the territory of Norfolk Island.
SCHEDULE II: OATH OF ALLEGIANCE
[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 who is not a citizen of a country specified in Schedule I
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 or that country by naturalisation;
(b) that, if
he is a citizen of any country he has renounced the citizenship of
that country in accordance with the law therein in force in that
behalf and has notified such renunciation to the Central
Government;
(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;
(d) that
during the twelve 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 nine
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
(g) 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 thirteen years before
the date of the application to be reckoned in computing the
aggregate mentioned in clause (d) above.