Indian citizenship is governed by the Citizenship Act, of 1955, a key piece of legislation that outlines how an individual can become a citizen of India. With its roots in the Indian Constitution and updated over the years to reflect changing realities, this Act defines five main ways to acquire Indian citizenship: by birth, by registration, by descent, by naturalization, and by incorporation of territory. Whether you were born in India, have Indian ancestry, or are planning to settle in the country, this guide will help you understand the different paths to Indian citizenship and the process involved in renouncing foreign citizenship. Let’s walk through each method of acquiring Indian citizenship.
Citizenship by Birth (Section 3 of the Citizenship Act, 1955)
Being born in India is one of the most straightforward ways to acquire Indian citizenship, but eligibility depends on the date of birth and the citizenship status of one’s parents. Anyone born in India between January 26, 1950, and June 30, 1987, is automatically considered an Indian citizen, regardless of the nationality of their parents. For those born on or after July 1, 1987, at least one parent must be an Indian citizen at the time of birth for the child to qualify as an Indian citizen. If a child is found abandoned in India and the parents are unknown, the child is presumed to be an Indian citizen by birth.
Citizenship by Registration (Section 5 of the Citizenship Act, 1955)
Indian citizenship can be acquired through registration by individuals who fulfill specific conditions under Section 5 of the Citizenship Act, 1955. This provision includes several categories of eligible applicants. Persons of Indian origin (PIO) who have been residing in India for at least seven years are eligible to apply. The required residency period typically includes having lived in India continuously for the 12 months immediately before applying, as well as for six out of the eight years preceding that period. Persons of Indian origin residing outside India may also be eligible, subject to the discretion of the Indian government.
Foreign nationals married to Indian citizens can apply for citizenship through registration if they have been married and residing in India for a continuous period of seven years. Minor children of Indian citizens are eligible for registration without any specific residency requirement. Individuals whose parents are or were Indian citizens are also eligible, even if born outside India.
In addition, persons who or whose parents were residents of undivided India before the partition and who are now residing in India may qualify. Registered Overseas Citizens of India (OCI) cardholders can apply for Indian citizenship after five years from the date of their OCI registration, provided they have resided in India for at least one year immediately before applying.
It is important to note that the eligibility criteria and residency requirements vary based on the specific category under which one applies, and applicants must meet all conditions as prescribed by the Ministry of Home Affairs.
Citizenship by Descent (Section 4 of the Citizenship Act, 1955)
Citizenship by descent applies to individuals born outside India. If a person was born between January 26, 1950 and December 10, 1992, they are considered an Indian citizen if their father was an Indian citizen at the time of their birth. This rule acknowledges the father’s nationality alone during that period. However, for individuals born outside India after December 10, 1992, either parent must have been an Indian citizen at the time of the child’s birth. This important amendment brought gender parity into the law, recognizing that both mothers and fathers can equally pass on Indian citizenship to their children born abroad.
Citizenship by Naturalization (Section 6 of the Citizenship Act, 1955)
Citizenship by naturalization is a legal process through which a foreign national can acquire Indian citizenship by fulfilling specific conditions outlined in the Citizenship Act, 1955. To qualify, an applicant must have resided in India for at least 12 months immediately before the date of application, and for an aggregate of 11 years in the 14 years preceding that 12-month period. This residency requirement ensures a strong and sustained connection to the country.
In addition to meeting the residency criteria, the applicant must be of good character, have adequate knowledge of at least one of the languages listed in the Eighth Schedule of the Indian Constitution, and intend to reside in India or serve the Indian government after naturalization. Dual citizenship is not permitted, so the individual must be willing to renounce their previous nationality.
Citizenship by Incorporation of Territory (Section 7 of the Citizenship Act, 1955)
When a foreign territory becomes part of India through legal means—such as a treaty, cession, or political agreement—the Government of India may, by order, specify the conditions under which the people of that territory are granted Indian citizenship. This process is referred to as citizenship by incorporation of territory. Individuals residing in the newly incorporated area automatically become Indian citizens on the date specified in the government order, subject to any conditions laid out in that notification, such as their place of birth or length of residency in the territory. This provision is rarely used and typically applies in exceptional geopolitical circumstances, such as the incorporation of Sikkim in 1975.
Why Indian Citizenship Matters?
Being an Indian citizen brings with it a wide range of rights and privileges. Citizens have the right to vote and actively participate in democratic processes. They enjoy access to government schemes, public services, and employment opportunities in the public sector. Indian citizens can freely buy and own property across the country and are eligible for an Indian passport, which allows visa-free or visa-on-arrival access to several countries.
Renouncing Foreign Citizenship and Becoming an Indian Citizen
India does not allow dual citizenship. This means anyone applying for Indian citizenship must renounce their existing citizenship of another country. The renunciation process varies depending on the country and may involve submitting formal paperwork, attending interviews, or returning the foreign passport. Once the renunciation is completed, the individual must provide official proof to the Indian authorities.
Only after submitting valid proof of renouncing foreign citizenship will the Indian government issue a naturalization certificate or any other form of Indian citizenship documentation. It is important to plan ahead, as timelines and procedures for renunciation differ across countries. Applicants are advised to consult both the Indian authorities and their current country’s Embassy or Consulate to ensure they are meeting all legal obligations.
Steps for Renouncing Foreign Citizenship
- Check the official renunciation process of your current country of citizenship.
- Complete the required renunciation forms from your home country’s official website.
- Schedule an appointment with the Embassy or Consulate, if required.
- Submit the filled forms, a declaration, supporting documents, and the applicable fee.
- Attend an in-person interview if the process includes one.
- Wait for the issuance of your Certificate of Renunciation or similar document.
- Submit this certificate to the Indian Ministry of Home Affairs along with your Indian citizenship application.
- Ensure proper timing to avoid legal or immigration issues during the transition period.
Acquiring Indian citizenship is a significant step that comes with both rights and responsibilities. Whether through birth, ancestry, long-term residence, or naturalization, the Citizenship Act of 1955 offers multiple legal routes to becoming a part of the Indian national community. As of 2025, the framework remains robust and continues to evolve with time, reflecting the aspirations and values of a dynamic, inclusive society. Anyone considering the path to Indian citizenship should carefully study the eligibility criteria and procedures to ensure a smooth and successful application journey.
