The Citizenship Act, 1955, and Modes of Acquiring and Losing Citizenship
Indian Polity › Citizenship · Topic 5.7
The Citizenship Act, 1955, made under Article 11, provides five ways of acquiring citizenship (birth, descent, registration, naturalisation, incorporation of territory) and three ways of losing it (renunciation, termination, deprivation).
6 min read · UPSC Prelims · Polity · Citizenship
At a Glance
- What it is The law made by Parliament under Article 11 on acquisition and loss of citizenship after the commencement of the Constitution
- Five ways to acquire Birth, descent, registration, naturalisation and incorporation of territory
- Three ways to lose Renunciation, termination and deprivation
- Commonwealth citizenship Originally provided; repealed by the Citizenship (Amendment) Act, 2003
- Exam link UPSC Prelims, Polity: Citizenship
Where Does It Fit?
Article 11 gave Parliament the power to regulate citizenship. This topic describes the main law made under it, the Citizenship Act, 1955, and its modes of acquiring and losing citizenship. The later topics take up the Overseas Citizenship of India and the Amendment Act of 2019.
How Is Citizenship Acquired?
The Citizenship Act, 1955 prescribes five ways of acquiring citizenship.
| Mode | Rule |
|---|---|
| Birth | Born in India on or after 26 January 1950 but before 1 July 1987: citizen irrespective of the parents’ nationality. Born on or after 1 July 1987 but before 3 December 2004: citizen only if either parent is a citizen at the time of birth. Born on or after 3 December 2004: citizen only if both parents are citizens, or one is a citizen and the other is not an illegal migrant. Children of foreign diplomats and enemy aliens cannot acquire citizenship by birth |
| Descent | Born outside India on or after 26 January 1950 but before 10 December 1992: citizen if the father was a citizen at the time of birth. On or after 10 December 1992: if either parent is a citizen. From 3 December 2004, the birth must be registered at an Indian consulate within one year, or later with the permission of the Central Government |
| Registration | The Central Government may register as a citizen a person (not an illegal migrant) who belongs to the specified categories, such as a person of Indian origin ordinarily resident in India for seven years, or married to a citizen and resident for seven years; all must take an oath of allegiance |
| Naturalisation | A certificate of naturalisation may be granted to a person (not an illegal migrant) who meets the qualifications, including twelve months’ residence immediately before the application and eleven years’ aggregate residence or service in the fourteen years before that |
| Incorporation of territory | If a foreign territory becomes part of India, the Government of India specifies who among its people become citizens; for example, the Citizenship (Pondicherry) Order, 1962 |
What Are the Conditions for Naturalisation?
A person seeking naturalisation must satisfy the following.
- Not be a subject or citizen of a country where citizens of India are prevented from becoming citizens by naturalisation.
- Undertake to renounce the citizenship of any other country if the application is accepted.
- Have resided in India or been in the service of a Government in India throughout the twelve months immediately before the application.
- During the fourteen years before that period, have resided or served in India for an aggregate of not less than eleven years.
- Be of good character, and have adequate knowledge of a language specified in the Eighth Schedule.
- Intend to reside in India, or to serve under a Government in India or an international organisation of which India is a member, if naturalisation is granted.
The Government of India may waive all or any of these conditions for a person who has rendered distinguished service to science, philosophy, art, literature, world peace or human progress. Every naturalised citizen must take an oath of allegiance to the Constitution.
How Is Citizenship Lost?
The Act prescribes three ways of losing citizenship, whether acquired under the Act or before it under the Constitution.
| Mode | Meaning |
|---|---|
| Renunciation | A declaration by a citizen of full age and capacity; registration is withheld during a war in which India is engaged; minor children also lose citizenship but may resume it within one year of attaining eighteen |
| Termination | Automatic loss when a citizen voluntarily acquires the citizenship of another country; not applicable during a war in which India is engaged |
| Deprivation | Compulsory termination by the Central Government for fraud, disloyalty to the Constitution, trading with the enemy during a war, imprisonment for two years within five years of registration or naturalisation, or seven continuous years of residence abroad |
What Special Provisions Does the Act Contain?
The Citizenship (Amendment) Act, 1985 added special provisions for persons covered by the Assam Accord. All persons of Indian origin who came to Assam from Bangladesh before 1 January 1966 and have been ordinarily resident since entry are deemed citizens from 1 January 1966. Those who came on or after 1 January 1966 but before 25 March 1971 and were detected as foreigners must register, and are deemed citizens after ten years from detection, with the same rights as citizens except the right to vote in the meantime. The Citizenship (Amendment) Act, 2019 added special provisions for migrants from Afghanistan, Bangladesh and Pakistan, taken up in a later topic.
Why Is This Topic Important?
- The working law Almost every question on how citizenship is acquired or lost comes from this Act
- Direct Prelims material The cut-off dates for birth and descent are asked directly
What Came Next?
The next topic describes Overseas Citizenship of India, which the Act provides for.
Key People and Terms
- Birth, descent, registration, naturalisation, incorporation of territory The five modes of acquiring citizenship
- Illegal migrant Cannot be registered or naturalised
- Oath of allegiance Taken by registered and naturalised citizens
- Citizenship (Pondicherry) Order, 1962 Example of incorporation of territory
Exam Corner
Points to Remember
- Five modes to acquire: birth, descent, registration, naturalisation, incorporation of territory.
- Birth cut-offs: 1 July 1987 and 3 December 2004.
- Descent cut-offs: 10 December 1992 and 3 December 2004.
- Naturalisation: twelve months then eleven years in the previous fourteen.
- Three modes to lose: renunciation, termination, deprivation.
- Commonwealth citizenship repealed in 2003.
Do Not Confuse With
- Registration and naturalisation Registration is for persons with a link such as Indian origin or marriage; naturalisation is for foreigners meeting residence and other qualifications
- Birth and descent Birth is within India; descent is for persons born outside India to citizens
- Incorporation of territory and naturalisation The first applies to the people of a territory that becomes part of India
Memory Hook
Five doors in (birth, descent, registration, naturalisation, territory); three doors out (renounce, terminate, deprive).
Mains Angle
Questions ask how the Act has tightened or widened citizenship over time. Use these points to add depth.
- Narrowing by birth Birth in India alone conferred citizenship before 1987; later parents’ status was added
- Registration of descent abroad From 2004 a child born abroad must be registered within a year
- Flexible waiver Naturalisation conditions can be waived for distinguished service
- Special provisions Assam Accord and the 2019 Act
A Question You May Face
An original practice question, not a past paper question.
“Discuss how the Citizenship Act, 1955 regulates the acquisition and loss of citizenship.”
How to Answer
- Introduction Article 11 and the Act.
- Acquisition Five modes with the main conditions.
- Loss Three modes.
- Conclusion Special provisions and later amendments adapt the Act.
GS Relevance
Frequently Asked Questions
What is the Citizenship Act, 1955?
The Citizenship Act of 1955 is the law made by Parliament, under Article 11, providing for the acquisition and loss of Indian citizenship after the commencement of the Constitution. It has been amended from time to time, including in 1985, 2003, 2005, 2015 and 2019.
What are the five ways of acquiring Indian citizenship?
The Citizenship Act prescribes five ways of acquiring citizenship: by birth, by descent, by registration, by naturalisation and by incorporation of territory. Each has its own conditions, such as residence periods for registration and naturalisation.
How does citizenship by birth work after 2004?
A person born in India on or after 3 December 2004 is a citizen only if both parents are citizens of India, or if one parent is a citizen and the other is not an illegal migrant at the time of the birth.
How is citizenship acquired by descent?
A person born outside India on or after 10 December 1992 is a citizen by descent if either parent is a citizen at the time of birth. From 3 December 2004 the birth must be registered at an Indian consulate within one year.
What are the qualifications for naturalisation?
They include twelve months of residence immediately before applying, aggregate residence of eleven years in the fourteen years before that, good character, adequate knowledge of an Eighth Schedule language, and an undertaking to renounce other citizenship. Distinguished service can lead to waiver.
What is incorporation of territory?
If a foreign territory becomes a part of India, the Government of India specifies which of its people become citizens from a notified date. When Pondicherry became part of India, the Citizenship (Pondicherry) Order of 1962 was issued under the Act.
In how many ways is citizenship lost?
Citizenship is lost in three ways under the Act: by renunciation, by termination when a citizen voluntarily acquires another citizenship, and by deprivation, which is a compulsory termination by the Central Government on specified grounds.
Who cannot acquire citizenship by birth?
The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth. Illegal migrants also cannot be registered as citizens or granted a certificate of naturalisation under the Act, though the 2019 Act made an exception for certain migrants.
PYQ Practice — Statement Analysis
1 The Citizenship Act, 1955 prescribes five ways of acquiring citizenship.
They are birth, descent, registration, naturalisation and incorporation of territory.
2 A person born in India on or after 3 December 2004 is a citizen irrespective of the nationality of the parents.
Both parents must be citizens, or one a citizen and the other not an illegal migrant.
3 Termination of citizenship is a compulsory order by the Central Government.
That is deprivation. Termination is automatic on voluntarily acquiring foreign citizenship.
4 The Citizenship (Pondicherry) Order, 1962 is an example of citizenship by incorporation of territory.
It was issued under the Citizenship Act when Pondicherry became part of India.
5 Commonwealth citizenship was repealed by the Citizenship (Amendment) Act, 2003.
It had been provided in the original Act.
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