The Citizenship Act, 1955

THE CITIZENSHIP ACT, 1955 
(57 of 1955) 

[30th December, 19551 
A n  Act to provide for the acquisition and determination of Indian citizenship. 
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. 1 

I 2. Interpretation.-(1) In this Act, unless the context otherwise requires,- 
(a) "a Government in India" means the Central Government or a State 

I 

Government; 
I 

'[(b) "illegal migrant" means a foreigner who has entered into India- 
(i) without a valid passport or other travel documents and such i 

other document or authority 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 authority as may be prescribed by or under any law 
in that behalf but remains therein beyond the permitted period 
of, time;] 

(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: 

21(ee) "overseas citizen of India" means a person registered as an overseas 
citizen of India by the Central Government under section 7A;J 

(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; 
3[***] 

(h) "undivided India" means India as defined in the Government of 
India Act, 1935, as originally enacted. 

h STATEMENT OF OBJECTS AND REASONS [The Citizenship (Amendment) Act, 20051 
. To expand the scope of grant of Overseas Citizenship of India to Persons of Indian 

Origin of all countries except Pakistan and Bangladesh. 
(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 

1. Subs. by Act 6 of 2004, sec. 2, for clauses (b) and (c)-and the proviso to clause (c) (w.e.f. 
3-12-2004). (See Annexe 1) 

2. Subs. by the Citizenship (Amendment) Act, 2005, sec. 2 (w.r.e.f. 28-6-2005), for clause "(ee) 
"overseas citizen of India" means a person who- 
(i) is of Indian origin being a citizen of a specified country, or 

(ii) was a citizen of India immediately before becoming a citizen of a specified country, 
and is registered as an overseas citizen of India by the Central Government under sub- 
section (1) of section 7A; 

3. Clause (gg) omitted by the Citizenship (Amendment) Act, 2005, sec. 2 (w.r.e.f. 28-6-2005). 
Clause (gg) prior to its omission stood as: 
"(gg) "specified country" means a country specified in the Fourth Schedule: 

Provided that the Central Government may, by notification in the Official 
Gazette, amend the said Schedule by way of addition or omission of any 
entry therein: 

Provided further that every notification issued under this clause shall, as 
soon as may be, after it is made, be laid before each House of Parliament". 

3 

- . - 
.- .-- -- 

-~ =. 



4 The Citizenship Act, 1955 [Sec. 2 

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 fa'ther 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 b.irth 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. 

COMMENTS 

(i) The Citizenship Act and the Constitution are completely exhaustive of the 
citizenship of this country and these citizens can only be natural persons, the fact that 
corporations may be nationals of the country for purposes of International laws will not 
make them citizens of this country for purposes of Municipal Law or the Constitution; 
Sfafe Trading Corporation of India v. Commercial Tax Officer, AIR 1963 SC 1811. 

(ii) Nationality and Citizenship are not 'interchangeable terms; State Tradtng 
Corporatton of lndla v. Commercial Tax Officer, AIR 1963 SC 1811. 

(iii) "Citizenship" has nothing to do with a juristic person. "Person" means a natural 
person and not any legal entity; State Trading Corporatton of India v. Commerctal TRX Officer, 
AIR 1963 SC 1811. 

ACQUISITION OF CITIZENSHIP 
l[3. Citizenship by birth.-(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 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 and either of whose 
parents is a citizen of India at the time of his birth; 

(c) on or after the commencement of the Citizenship (Amendment) Act, 
2003, 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 the time 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 is accorded to an envoy of a foreign sovereign power 
accredited to the President of India and he or she, as the case may be, 
is not a citizen of India; or 

1. Subs. by Act 6 of 2004, sec. 3, for section 3 (w.e.f. 3-12-2004). (See Annexe 1) 



Sec. 41 The Citizenship Act, 1955 5 

(b) his father or mother is an enemy alien and the birth occurs in a place 
then under occupation by the enemy.] 

4. Citizenship by descent.--'[(l) A person born outside India shall be a 
citizen of India by descent,- 

(a) on or after the 26th day of January, 1950, but before the 10th day of 
I 

I 

December, 1992, if his father is a citizen of India at the time of his i 

birth; or 

(b) on or after the 10th day of December, 1992, if either of his parents is 
a citizen of India at the time of his birth: 

Provided that if the father of a person referred to in clause (a) was a citizen 
1 of India by descent only, that person shall not be a citizen of India by virtue of 

this section unless- I 
1 

(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: I 

I 
Provided further that if either of the parents of a person referred to in clause 

(b) was a citizen of India by descent only, that person shall not be a&izen 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 after the 10th day of December, 1992, whichever 
is later, or, with the permission of the Centrfl 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: 

Provided also that on or after the commencement of the Citizenship 
(Amendment) Act, 2003, a person shall not be a citizen of India by virtue of this 
section, unless his birth is registered at an 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, whichever is later; or 

(ii) with the permission of the Central Government, after the expiry of 
the said period: I 

Provided also that no such birth shall be registered unless the parents of such 
person declare, in such form and in such manner as may be prescribed, that the 
minor does not hold the passport of another country. 

(1A) A minor who is a citizen of India by virtue of4hi.s section and is also a 
citizen of any other country shall cease to be a citizen of India if he does not 
renounce the citizenship or nationality of another country within six months of 
attaining full age.] 

1. Subs. by Act 6 of 2004, sec. 4, for sub-section (1) (w.e.f. 3-12-2004). (See Annexe 1) 



6 The Citizenship Act, 1955 [Sec. 4 

(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 (I), any l[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-2[(1) Subject to the provisions of this section 
and such other conditions and restrictions as may be prescribed, the Central 
Government may, on an application made in this behalf, register as a citizen of 
India any person not being an illegal migrant who is not already such citizen by 
virtue of the Constitution or of any other provision of this Act if he belongs to 
any of the following categories, namely:- 

(a) a person of Indian origin who are ordinarily resident in India for 
seven years before making an application for registration; 

(b) a person of Indian origin who is ordinarily resident in any country 
or place outside undivided India; 

(c) a person who is married to a citizen of India and is ordinarily 
resident in India for seven years before making an application for 
registration; 

3 )  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 under clause (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 of independent India, and has been residing in India 
for one year immediately before making an application for 
registration; 

(g) a person of full age and capacity who has been registered as an 
overseas citizen of India for five years, and who has been residing in 
India for 3[one year] before making an application for registration. 

STATEMENT OF OBJECTS AND REASONS LThe Citizenship (Amendment) Act, 20051 
To reduce the period of residence in India from two years to one year for the persons 
registered as Overseas Citizens of India to acquire Indian citizenship. 

Explanation 2.-For the purposes of clauses (a) and (c), an applicant shall be 
deemed to be ordinarily resident in India if- 

(i) he has resided in India throughout the period of twelve months 
immediately before making. an application for registration; and 

(ii) he has resided in India during the eight years immediately preceding 
the said period of twelve 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 Indian origin if he, or either of his parents, was born in 
undivided India or in such other territory which became part of India after the 
15th day of August, 1947.1 

1. Subs. by Act 39 of 1992, sec. 2, for "any male person" (w.e.f. 10-12-1992). 
2. Subs. by Act 6 of 2004, sec. 5, for sub-section (1) (w.e.f. 3-12-2004). (See Amexe 1) 
3. Subs. by the Citizenship (Amendment) Act, 2005, sec. 3, for "two years", (w.r.e.f. 28-6-2005). 



Sec. 6A] The Citizenship Act, 1955 7 

(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 
the Second Schedule. 

(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) If the Central Government is satisfied that circumstances exist which 
render it necessary to grant exemption from the residential requirement under 
clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons 
to be recorded in writing, grant such exemption.] 

COMMENTS 
If a person satisfies the requirements of this section, he/she can be registered as a 

citizen of India. This section can be invoked by persons who are not citizens of India but 
are seeking citizenship by registration; National Human Rights Commission v. State of 
Arunachal Pradesh, AIR 1996 SC 1234: (1996) 1 SCC 742. 

6. Citizenship by naturalisation.-(1) Where an application is made in the 
prescribed manner by any person of full age and capacity 2[not being an illegal 
migrant] 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 the Third Schedule, 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 the Third Schedule. 

(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 the 
Second Schedule, be a citizen of India by naturalisation as from the date on 
which that certificate is granted. 

3[6A. Special provisions as to citizenship of persons covered by the Assam 
Accord.-(1) For the purposes of this section- 

1. Ins. by Act 6 of 2004, sec. 5 (w.e.f. 3-12-2004). 
2. Subs. by Act 6 of 2004, sec. 6, for "who is not a citizen of a country specified in the First 

Schedule (w.e.f. 3-12-2004). 
3. Ins. by Act 65 of 1985, sec. 2 (w.e.f. 7-12-1985). 



The Cjtjzenship Act, 1955 [Sec. 6A 

(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 of Indian arigin, if he, or either of his 
parents for any of his grandparents was born in undivided 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 1st 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 1st 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 1st 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 (Tribuna 
Order, 1964 holding such person to be a foreigner, shall be deemed to 
sufficient proof of the requirement under clause (c) of this sub-section and if an 
question arises as to whether such person complies with any other requireme 
under this sub-section, the registering authority shall,- 

(i) if such opinion contains a finding with respect to such othe 
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 



Sec. 6A] The Citizenship Act, 1955 9 

said Order hang 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 Passports Act, 1967 (15 of 
1967) and the obligations connected therewith), but shall not be 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, for year 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 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 on 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 (31 of 1946). 

(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.] 

COMMENTS 
Under sub-section (2) of section 6A two conditions are required to be satisfied-(i) 

persons who are of Indian origin (undivided India) came before 1-1-1966 to Assam from 
the specified territory, and (ii) have been "ordinarilv resident" in Assam as it existed in 
1985since the date df entry in Assarn; State of ~runadhal  Pradesh v. Khudlrarn Clzakrna, AIR 
1994 SC 1961. 



10 The Citizenship Act, 1955 [Sec. 7 

7. Citizenship by incorporation of territory.-If any territory becomes a part 
of India, the Central Governrnent 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. 

'[OVERSEAS CITIZENSHIP] 
2[7A. Registration of overseas citizens of India.-(1) The Central 

Govemment may, subject to such conditions and restrictions as may be 
prescribed, on an application made in this behalf, register any person as an 
overseas citizen of India- 

(a) any person of full age and capacity,- 
(i) who is citizen of another country, but was a citizen of India at 

the time of, or at any time after, the commencement of the 
Constitution; or 

(ii) who is citizen of another country, but was eligible to become a 
citizen of India at the time of the commencement of the 
Constitution; or 

(iii) who is citizen of another country, but belonged to a territory that 
became part of India after the 15th day of August, 1947; or 

(iv) who is a child or a grand-child of such a citizen; or 
(b) a person, who is a minor child of a person mentioned in clause (a): 

Provided that no person, who is or had been a citizen of Pakistan, 
Bangladesh or such other country as the Central Govemment may, by 

1. Ins. by Act 6 of 2004, sec. 7 (w.e.f. 3-12-2004). 
2. Subs. by the Citizenship (Amendment) Act, 2005, sec. 4 (w.r.e.f. 28-6-2005), for section "7A. 

Registration of overseas citizens.-(1) The Central Governrnent may, subject to such 
conditions and restrictions including the condition of reciprocity as may be prescribed, on an 
application made in this behalf, register any person as an overseas citizen of India if- 
(a) that person is of Indian origin of full age and capacity who is a citizen of a specified 

country; or 
(b) that person is of full age and capacity who has obtained the citizenship of a specified 

country on or after the commencement of the Citizenship (Amendment) Act, 2003 and 
who was a citizen of India immediately before such commencement; or 

(c) that person is a minor of a person mentioned in clause (a) or clause (b). 
(2) The person registered as an overseas citizen of India under sub-section (1) shall be an 

overseas citizen of India as from the date on which he is so registered. 
(3) No person who has been deprived of his Indian citizenship under this Act shall be 

registered as an overseas citizen of India under sub-section (1) except by an order of the 
central Governmtnt. 

Explanation.-For the purposes of this section and sections 7B, 7C and 7D, the expression 
"person of Indian origin" shall mean a citizen of another country who- 
(i) jvas eligible to become a citizen of India at the time of the commencement of the 

Constitution; 
(ii) belonged to a territory that became part of India after the 15th day of August, 1947; and 
(iii) the children and grand-children of a person covered under clauses (i) and (ii); but does 

not include a person who is or had been at any t i e  a citizen of Pakistan, Bangladesh or 
such other country as the Central Government may, by notification in the Official Gazette, 
specify." 



Sec. 781 The Citizenship Act, 1955 1 1  

notification in the Official Gazette, specify, shall be eligible for registration as an 
overseas citizen of India.] 

COMMENTS 

The Central Government has specified the following rights to which the persons 
registered as Overseas Citizens of India under section 7A of the Act shall be entitled, 
namely:- 

(a) grant of multiple entry lifelong visa for visiting India for any purpose; 

(b) exemption from registration with Foreign Regional Registration Officer or 
Foreign Registration Officer for any length of stay in India; and 

(c) parity with Non-Resident Indians in respect of all facilities available to them in 
economic, financial and educational fields except in matters relating to the 
acquisition of agricultural or plantation properties. 

[Vlde S.O. 542 (E), dated l l t h  April, 2005, published in the Gazette of India, Extra., 
Pt. 11, Sec. 3(ii), dated l l th  April, 2005.1 

'I7B. Conferment of rights on overseas citizens of India.-(1) Notwith- 
standing anything contained in any other law for the time being in force, an 
overseas citizen of India shall be entitled to such rights [other than the rights 
specified under sub-section (2)] as the Central Government may, by notification 
in the Official Gazette, specify in ths  behalf. 

i (2) An overseas citizen of India shall not be entitled to the rights conferred 
on a citizen of India- 

(a) under article 16 of the Constitution with regard to equality of 
opportunity in matters of public employment; 

(b) under article 58 of the Constitution for election as President: 
(c) under article 66 of the Constitution for election of Vice-President; 
(d) under article 124 of the Constitution for appointment as a Judge of 

the Supreme Court; 

(e) under article 217 of the Constitution for appointment as a Judge of 
the High Court; 

(f) under section 16 of the Representation of the People Act, 1950 (43 of 
1950) in regard to registration as a voter; 

(g) under sections 3 and 4 of the Representation of the People Act, 1951 
(43 of 1951) with regard to the eligibility for being a member of the 
House of the People or of the Council of States, as the case may be; 

(h) under sections 5, 5A and 6 of the Representation of the People Act, 
1951 (43 of 1951) with regard to the eligibility for being a member of 
the Legislative Assembly or a Legislative Council, as the case may 
be, of a State; 

(i) for appointment to public services and posts in connection with the 
affairs of the Union or of any State except for appointment in such 

1 
services and posts as the Central Government may by special order 
in that behalf specify. 

i (3) Every notification issued under sub-section (1) shall be laid before each 
House of Parliament.] 

1. Ins. by Act 6 of 2004, sec. 7 (w.e.f. 3-12-2004). 



12 The Citizenship Act, 1955 [Sec. 7C 

'[7C. Renunciation of overseas citizenship.-(1) If any overseas citizen of 
India of full age and capacity makes in the prescribed manner a declaration 
renouncing his overseas citizenship of India, the declaration shall be registered 
by the Central Government, and; upon such registration, that person shall cease 
to be an overseas citizen of India. 

(2) Where a person ceases to be an overseas citizen of India under sub-section 
(I), every minor child of that person registered as an overseas citizen of India, 
shall thereupon cease to be an overseas citizen of India.] 

l[7D. Cancellation of registration as overseas citizen of India.-The Central 
Government may, by order, cancel the registration granted under sub-section (1) 
of section 7A if it is satisfied that- 

(a) the registration as an overseas citizen of India was obtained by 
means of fraud, false representation or the concealment of any 
material fact; or 

(b) the overseas citizen of India has shown disaffection towards the 
Constitution of India as by law established; or 

(c) the overseas citizen of India 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 or commercial 
activity that was to his knowledge carried on in such manner as to 
assist an enemy in that war; or 

(d) the overseas citizen of India has, within five years after registration 
under sub-section (1) of section 7A has been sentenced to 
imprisonment for a term of not less than two years; or 

(e) it is necessary so to do in the interest of the sovereignty and integrity 
of India, the security of India, friendly relations of India with any 
foreign country, or in the interests of the general public.] 

1 TERMINATION OF CITIZENSHIP 
8. Renunciation of citizenship.-(1) If any citizen of India of full age and 

capacity, 2[***] 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 3[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 4[in the prescribed form and manner] that he wishes to 
resume Indian citizenship and shall thereupon again become a citizen of India. 

St***] 
COMMENTS 

A person who gives up his claim to Indian citizenship cannot claim right of residence 
on the basis of his domicile; A.H. Magerrnuns v. S.K. Ghose, AIR 1966 Cal 552. 

1. Ins. by Act 6 of 2004, sec. 7 (w.e.f. 3-12-2004). 
2. The words "who is also a citizen or national of another country", omitted by Act 6 of 2004, 

sec. 8 (w e f 3-12-2004). 
3. Subs by Act 39 of 1992, sec. 3, for "a male person" (w.e.f. 10-12-1992). 
4 Ins. by Act 6 of 2004, sec. 8 (w.e.f. 3-12-2004). 
5. Sub-section (3) omitted by Act 6 of 2004, sec. 8 (w.e.f. 3-12-2004). (See Annexe 1) 



Sec. 101 The Citizenship Act, 1955 13 

9. Termination of citizenship.-(1) Any citizen of India who by 
naturalisation, registration otherwise voluntarily acquires, or has at any time 
between the 26th January, 1950 and the commencement of this Act, vol~~ntarily 
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 '[citizen of India] 
has accluired 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. 

COMMENTS 

Section 9 is a complete code as regards the termination of Indian citizenship on the 
acquisition of the citizenship of a foreign country; Bhagzuati Prosad Dimit 'Gl~orczuala' v. 
Rnjerz) Gni~dl l i ,  AIR 1986 SC 1534. 

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) STibject 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, nor registered annually in 
the prescribed manner at an Indian consulate his intention to retain 
his citizenship of India. 

1. Subs. by Act 6 of 2004, sec. 9, for "person" (w.e.f. 3-12-2004). 



14 The Citizenship Act, 1955 [Sec. 10 

(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 
the 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 on 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. 

COMMENTS 

Certificate of Registration cannot be cancelled unless fraud, false, representation or 
suppression of material fact exists; Fazal Dad v. State of Madhya Pradesh, AIR 1964 MP 272. 

SUPPLEMENTAL 
11. Commonwealth citizenship.-[Rep. by the Citizenship (Amendment) Act, 

2003 (6 of 2004), see. 10.1 

12. Power to confer rights of Indian citizen or citizens of certain 
countries.-[Rep. by the Citizenship (Amendment) Act, 2003 (6 of 2004), sec. 10.1 

13. Certificate of Citizenship i n  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 

I 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 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 l[sections 5, 6 and 7AI.-(1) The 
prescribed authority or the Central Government may, in its discretion, grant or 
refuse an application under 2[section 5, 6 or section 7A] and shall not be required 

I to assign any reasons for such grant or refusal. 

I 
1. Subs. by Act 6 of 2004, sec. 11, for "sections 5 and 6" (w.e.f. 3-12-2004). 

1 2. Subs. by Act 6 of 2004, sec. 11, for "section 5 or section 6" (w.e.f. 3-12-2004). Ed. section 11 
1 of the Act 6 of 2004, states that for the words and figures "sections 5 and 6", the words, 

figures and letter "sections 5, 6 and 7A" shall be substituted. The words "sections 5 and 6" 
appear in the heading and not in the body, but in the body the text has been changed 
according to its construction. 



Sec. 15A] The Citizenship Act, 1955 15 

(2) Subject to the provisions of section 15 the decision of the prescribed 
authority or the Central Government on any such application as aforesaid shall 

i be final and shall not be called in question in any court. 
l[14A. Issue of national identity cards.-(1) The Central Government may 

compulsorily register every citizen of India and issue national identity card to 
him. 

L (2) The Central Government may maintain a National Register of Indian 
Citizens and for that purpose establish a National Registration Authority. 

(3) On and from the date of commencement of the Citizenship (Amendment) 
Act, 2003, the Registrar General, India, appointed under sub-section (1) of section 
3 of the Registration of Births and Deaths Act, 1969 (18 of 1969) shall act as the 
National Registration Authority and he shall function as the Registrar General of 
Citizen Registration. 

(4) The Central Government may appoint such other officers and staff as may 
be required to assist the Registrar General of Citizen Registration in discharging 
his functions and responsibilities. 

(5) The procedure to be followed in compulsory registration of the citizens of 
India shall be such as may be prescribed.] 

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 (I), 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. 

2[15A. Review.-(1) Any person aggrieved by an order made by the Central 
Government, may within thirty days from the date of such order, make an 
application for review of such order: 

Provided that the Central Government may entertain 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: 

Provided further that an application for a review of an order passed in terms 
of the provisions of section 14A shall be disposed of in the manner provided for 
in the procedure as may be laid down under clause (ia) of sub-section (2) of 
section 18. 

(2) On receipt of an application under sub-section (I), the Central 
Government shall, make such order as it deems fit, and the decision of the 
Central Government on such review shall be final.] 

1. Ins. by Act 6 of 2004, sec. 12 (w.e.f. 3-12-2004). 
2. Ins. by Act 6 of 2004, sec. 13 (w.e.f. 3-12-2004). 



16 The Citizenship Act, 1955 [Sec. 16 

16. Delegation of power.-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 '[five years], or 2[with fine which may extend to fifty 
thousand rupees], 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 authorized under this Act to 
be registered, and the conditions and restrictions in regard to such 
registration; 

3[(aa) the form and manner in which a declaration under sub-section (1) of 
section 4 shall be made;] 

(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 authorized to be given by any 
person under this Act; 

rl (e) the cancellation of the registration of, and the cancellation and 
amendment of certificate of naturalisation relating to, persons 
deprived of citizenship under this Act, and the delivering up of such 
certificates for those purposes; 

4[(ee) the manner and form in which and the authority to whom 
declarations referred to in clauses (a) and (b) of sub-section (b) 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; 

1. Subs. by Act 6 of 2004, sec. 14, for "six months" (w.e.f. 3-12-2004). 
2. Subs. by Act 6 of 2004, sec. 14, for "with fine" (w.e.f. 3-12-2004). 
3. Ins. by Act 6 of 2004, sec. 15 (w.e.f. 3-12-2004). 
4. Ins. by Act 65 of 1985, sec. 3 (w.e.f. 7-12-1985). 



Sch. 11 The Citizenship Act, 1955 17 

(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 guch committees of any of 
the powers, rights and privileges of civil court; 

'[(ia) the procedure to be followed in compulsory registration of the 
citizens of India under sub-section (5) of section 14A;J 

(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 this 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: 

2[Provided that any rule made in respect of a matter specified in clause (ia) 
of sub-section (2) may provide that a breach thereof shall be punishable with 
imprisonment for a term which may extend to three months, or with fine which 
may extend to five thousand rupees, or with both.] 

"(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 (Act 58 of 
1960), see. 2 and the First Schedule (zu.e.f. 26-10-1960).] 

"THE SECOND SCHEDULE 

[See sections 5(2) and 6(2)] 

OATH OF ALLEGIANCE 
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.] 

1. Ins. by Act 65 of 1985, sec. 3 (w.e.f. 7-12-1985). 
2. Ins. by Act 6 of 2004, sec. 15 (w.e.f. 3-12-2004). 
3. Subs. by Act 4 of 1986, sec. 2 And Sch. (w.e.f. 15-5-1986). 

4. The First Schedule omitted by Act 6 of 2004, sec. 16 (w.e.f. 3-12-2004). (See Annexe) 

5. Subs. by Act 6 of 2004, sec. 17, for the Second Schedule (w.e.f. 3-12-2004). (See Annexe) 



The Citizenship Act, 1955 [Sch. 1 

THE THIRD SCHEDULE 

[See section 6(1)] 

QUALIFICATIONS FOR NATURALISATION 
The qualifications for naturalisation of a person '[***I are- \ 

(a) that he is not a subject or citizen of any country where citizens of India are 1 
prevented by law or practice of that country from becoming subjects or citizens 1 
of that country by naturalisation; 1 

(b) that, if he is a citizen of any country, 2[he undertakes to renounce the 
citizenship of that country in the event of his application for Indian citizenship 
being accepted]; 

(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 3[fourteen 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 4[eleven years]; 

(e) that he is of good character; 

(f)  that he has an adequate knowledge of a language specified in the Eighth 
Schedule 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 p:lrposes of clause (c) 
above, as if it had immediately preceded that date; 

(ii) allow periods of residence or service earlier than "fifteen years] before the date 
of the application to be reckoned in computing the aggregate mentioned in 
clause (d) above. 

1. The words "who is not a citizen of a country specified in the First Schedule" omitted by Act 
6 of 2004, sec. 18 (w.e.f. 3-12-2004). 

2. Subs. by Act 6 of 2004, sec. 18, for "he has renounced the citizenship of that country in 
accordance with the law therein in force in that behalf and has notified such ren~mciation to 
the Central Government" (w.e.f. 3-12-2004). 

3. Subs. by Act 6 of 2004, sec. 18, for "twelve years" (w.e.f. 3-12-2004). 

4. Subs. by Act 6 of 2004, sec. 18, for "nine years" (w.e.f. 3-12-2004) 
5. Subs. by Act 6 of 2004, sec. 18, for "thirteen years" (w.e.f. 3-12-2004). 



Sch. 41 

- 
The Citizenship Act, 1955 

I[***] 

1. Ins. by Act 6 of 2004, sec. 19 (w.e.f. 3-12-2004) and omitted by he Citizenship (Amendment) 
Act, 2005 sec. 5 (w.e.f. 28-6-2005). 

Prior to ommission it stood as: "THE FOURTH SCHEDULE 
[See section 2(l)(gg)] 

1. Australia 
2. Canada 
3. Finland 

4. France 

5. Greece 
6. Ireland 
7. Israel 

8. Italy 
9. Netherlands 

10. New Zealand 

11. Portugal 
12. Republic of Cyprus 

13. Sweden 
14. Switzerland 

15. United Kingdom 

16. United States of America."