The Citizenship Act, 1955

This Act may be called the Citizenship Act, 1955.

(1) In this Act, unless the context otherwise requires,-- (a) "a Government in India" means the Central Government or a State Government. 1[(b) "illegal migrant" means a foreigner who has entered into India-- (i) without a valid passport or other travel documents and such other document orauthority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authorityas may be prescribed by or under any law in that behalf but remains therein beyond thepermitted period of time;] 2[Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christiancommunity from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the31st day of December, 2014 and who has been exempted by the Central Government by or underclause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920)or from the application of the provisions of the Foreigners Act, 1946 (31 of 1946) or any rule ororder made there under, shall not be treated as illegal migrant for the purposes of this Act;] (d) "Indian consulate means the office of any consular officer of the Government of Indiawhere a register of births is kept, or where there is no such office, such office as may beprescribed; (e) "minor" means a person who has not attained the age of eighteen years; 3[(ee) "Overseas Citizen of India Cardholder" means a person registered as an OverseasCitizen of India Cardholder by the Central Government under section 7A;] (f) "person" does not include any company or association or body of individuals, whetherincorporated or not; (g) "prescribed" means prescribed by rules made under this Act; 4* * * * * (h) "undivided India" means India as defined in the Government of India Act, 1935, asoriginally enacted. (2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard anunregistered ship or aircraft of the government of any country, shall be deemed to have been born inthe 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 ofthat person's birth shall, in relation to a person born after the death of his father, be construed as areference to the status or description of the father at the time of the father's death; and where thatdeath occurred before, and the birth occurs after, the commencement of this Act, the status ordescription which would have been applicable to the father had he died after the commencement ofthis 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 andof full capacity if he is not of unsound mind.

1[3. Citizenship by birth.―(1) Except as provided in sub-section (2), every person born inIndia― (a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987; (b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship(Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time ofhis birth; (c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004),where― (i) both of his parents are citizens of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at thetime of his birth, shall be a citizen of India by birth. (2) A person shall not be a citizen of India by virtue of this section if at the time of his birth― (a) either his father or mother possesses such immunity from suits and legal process as isaccorded to an envoy of a foreign sovereign power accredited to the President of India and he orshe, as the case may be, is not a citizen of India; or (b) his father or mother is an enemy alien and the birth occurs in a place then underoccupation by the enemy.]

1[(1) A person born outside India shall be a citizen of India bydescent,-- (a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, ifhis father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either of his parents is a citizen of India atthe time of his birth: Provided that if the father of a person referred to in clause (a) was a citizen of India by descentonly, 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 thecommencement 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: Provided further that if either of the parents of a person referred to in clause (b) was a citizen ofIndia 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 on or afterthe 10th day of December, 1992, whichever is later, or, with the permission of the CentralGovernment, 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: Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003(6 of2004), a person shall not be a citizen of India by virtue of this section, unless his birth is registered atan Indian consulate in such form and in such manner, as may be prescribed,-- (i) within one year of its occurrence or the commencement of the Citizenship (Amendment)Act, 2003(6 of 2004), whichever is later; or (ii) with the permission of the Central Government, after the expiry of the said period: Provided also that no such birth shall be registered unless the parents of such person declare, insuch form and in such manner as may be prescribed, that the minor does not hold the passport ofanother country. (1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any othercountry shall cease to be a citizen of India if he does not renounce the citizenship or nationality ofanother country within six months of attaining full age.] (2) If the Central Government so directs, a birth shall be deemed for the purposes of this sectionto have been registered with its permission, notwithstanding that its permission was not obtainedbefore the registration. (3) For the purposes of the proviso to sub-section @I@(1)@/I@, 2[any person] born outside undivided Indiawho was, or was deemed to be, a citizen of India at the commencement of the Constitution shall bedeemed to be a citizen of India by descent only.

1[(1) Subject to the provisions of this section and such otherconditions and restrictions as may be prescribed, the Central Government may, on an applicationmade in this behalf, register as a citizen of India any person not being an illegal migrant who is notalready such citizen by virtue of the Constitution or of any other provision of this Act if he belongs toany of the following categories, namely:-- (a) a person of Indian origin who is ordinarily resident in India for seven years beforemaking an application for registration; (b) a person of Indian origin who is ordinarily resident in any country or place outsideundivided India; (c) a person who is married to a citizen of India and is ordinarily resident in India for sevenyears before making an application for registration; (d) minor children of persons who are citizens of India; (e) a person of full age and capacity whose parents are registered as citizens of India underclause (a) of this sub-section or sub-section (1) of section 6; (f) a person of full age and capacity who, or either of his parents, was earlier citizen ofindependent India, and 2[is ordinarily resident in India for twelve months] immediately beforemaking an application for registration; (g) a person of full age and capacity who has been registered as an 3[Overseas Citizen ofIndia Cardholder] for five years, and who 4[is ordinarily resident in India for twelve months]before making an application for registration. Explanation 1.--For the purposes of clauses (a) and (c), an applicant shall be deemed to beordinarily resident in India if-- (i) he has resided in India throughout the period of twelve months immediately before makingan application for registration; and (ii) he has resided in India during the eight years immediately preceding the said period oftwelve months for a period of not less than six years. Explanation 2.--For the purposes of this sub-section, a person shall be deemed to be of Indianorigin if he, or either of his parents, was born in undivided India or in such other territory whichbecame part of India after the 15th day of August, 1947.] 5[(1A) The Central Government, if it is satisfied that special circumstances exist, may afterrecording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and(g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of thirty days which may bein different breaks.] (2) No person being of full age shall be registered as a citizen of India under sub-section (1) untilhe has taken the oath of allegiance in the form specified in the Second Schedule. (3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indiancitizenship 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 suchregistration, 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 thedate on which he is so registered; and a person registered under the provisions of clause (b)(ii) ofarticle 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as fromthe commencement of the Constitution or the date on which he was so registered, whichever may belater. 6[(6) If the Central Government is satisfied that circumstances exist which render it necessary togrant exemption from the residential requirement under clause (c) of sub-section (1) to any person ora class of persons, it may, for reasons to be recorded in writing, grant such exemption.].