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10/05/2003 Back to Tax & Legal
Citizenship rules

Modes of acquiring citizenship

By Birth

By Descent

By Registration

By Naturalisation

Termination of citizenship

Reasons for depriving citizenship


By Birth

A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents. A person born in India on or after 1st July 1987, is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.

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By Descent

A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth. A person born outside India on or after 10th December 1992, is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.

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By Registration

Citizenship of India by registration can be acquired by –

  1. persons of Indian origin, who or either of whose parents was born in undivided India and who are ordinarily resident in India for five years;

  2. persons of India origin who are ordinarily residents in any country or place outside undivided India;

  3. persons who are or have been married to a citizen of India and who are ordinarily resident in India for five years;

  4. minor children both whose parents are Indian citizens;

  5. a citizen of Singapore and Canada who is resident in India for five years and eight years respectively.

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By Naturalisation

Citizenship of India by naturalisation can be acquired by a foreigner who is ordinarily resident in India for ten years (continuously for the twelve months preceding the date of application and for nine years in the aggregate in the twelve years preceding the twelve months).

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Termination of citizenship

A person ceases to be a citizen of India consequent upon voluntarily acquiring the citizenship of another country.

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Reasons for depriving citizenship

While following are the reasons for which citizenship can be deprived, their applicability to a citizen would depend on the mode of acquisition of the citizenship:

  • the registration or certificate of naturalisation was obtained by means of fraud, false representation or the concealment of any material fact; or

  • citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established; or

  • 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;

  • 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;

  • 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.

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10/05/2003 Back to Tax & Legal
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