Citizenship determines the relationship between the individual and the state. In India, the Constitution initially provided a framework for citizenship, and the detailed provisions have been outlined in the Citizenship Act, 1955, which has been amended from time to time. Here are the modes of acquisition of citizenship under the Indian legal framework:
1. By Birth (Article 5):
- Initially, anyone born in India between January 26, 1950, and July 1, 1987, was granted Indian citizenship.
- For individuals born between July 1, 1987, and December 3, 2004, they would be considered citizens of India only if one of their parents was an Indian citizen at the time of their birth.
- For those born after December 3, 2004, citizenship by birth is granted only if at least one parent is an Indian citizen and the other parent is not an illegal migrant at the time of birth.
2. By Descent (Article 6):
- A person born outside India was considered an Indian citizen if their father was an Indian citizen at the time of their birth, provided the birth was registered at an Indian consulate within one year or with the permission of the Central Government after the expiry of the said period.
- Post the amendment in 2003, if either parent is an Indian citizen and the birth is registered at an Indian consulate, the child is considered an Indian citizen.
3. By Registration (Article 6 and 8 & Citizenship Act):
- The Central Government may register as a citizen any person (not being an illegal migrant) who belongs to a specified category. These categories include, but are not limited to, persons of Indian origin who are ordinarily resident in India or have been residing in India for a specific period, or women who are married to Indian citizens or persons registered as Indian citizens.
4. By Naturalization (Article 6 & Citizenship Act):
- Foreign nationals can acquire Indian citizenship if they have resided in India or have been in service under the Government of India for a specified period (typically 12 years, the last year of which should be continuous residency). The other conditions like good character, understanding of basic provisions of the Indian Constitution, etc., are also considered.
5. By Incorporation of Territory (Article 7):
- If India acquires new territories, the people of that territory are considered citizens of India as per the terms specified by the Government.
It's also worth noting that the Indian Constitution and its subsequent acts do not recognize dual citizenship. If an Indian citizen voluntarily acquires the citizenship of another country, they automatically lose Indian citizenship.
Over time, there have been various amendments to the Citizenship Act, addressing specific issues and concerns, especially in the context of India's unique demographic and geopolitical scenario.
