A curated selection of the Citizenship Act's most-used provisions — the ways citizenship is acquired, the OCI card scheme, and how citizenship can be renounced, terminated or lost. Not the complete text; verify against India Code before citing.
Provided for study purposes. Cross-check against the official source (India Code / the relevant government gazette) before citing or relying on this text — amendments and corrections may not be reflected here.
Except as otherwise provided, every person born in India is a citizen of India by birth, subject to conditions relating to the date of birth and, for those born after specified dates, the citizenship or illegal-migrant status of their parents at the time of birth.
A person born outside India is a citizen of India by descent if their father or mother was a citizen of India by birth at the time of their birth, subject to a requirement, in certain cases, that the birth be registered at an Indian consulate within the prescribed time or with the permission of the Central Government.
The Central Government may, on an application, register as a citizen of India a person of specified categories not already a citizen — including a person of Indian origin who has been ordinarily resident in India for a prescribed period, a person married to an Indian citizen, or a minor child of a person who is a citizen of India.
The Central Government may, on an application, grant a certificate of naturalisation to any person not already a citizen of India who is of full age and capacity and satisfies the qualifications specified in the Third Schedule to this Act, which include residence or Government service in India for prescribed periods.
The Central Government may register as an Overseas Citizen of India cardholder a person of full age and capacity who is a citizen of another country but was a citizen of India at or after the commencement of the Constitution, or was eligible to become a citizen of India at that time, or is a minor child, spouse or descendant of such a person, subject to specified exclusions.
An overseas citizen of India cardholder is entitled to such rights as the Central Government may by notification specify. An overseas citizen of India cardholder is not entitled to the rights conferred on a citizen in respect of equality of opportunity in matters of public employment, to the offices of President, Vice-President, Judge of the Supreme Court or a High Court, to registration as a voter, to membership of Parliament or of a State Legislature, or to appointment to public services except as the Central Government may specify.
The Central Government may cancel the registration of an overseas citizen of India cardholder where the registration was obtained by fraud, false representation or concealment of a material fact; where the cardholder has shown disaffection towards the Constitution; where the cardholder has unlawfully traded or communicated with an enemy during a war in which India is engaged; where the cardholder has been sentenced to imprisonment for not less than two years within five years of registration; or where it is necessary in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with any foreign country, or in the interests of the general public.
If any citizen of India of full age and capacity makes a declaration renouncing their Indian citizenship, the declaration shall be registered, and upon registration, that person ceases to be a citizen of India; where the person renouncing citizenship is male, every minor child of theirs also thereupon ceases to be a citizen of India, subject to a right to resume Indian citizenship on attaining majority.
Any citizen of India who, by naturalisation, registration or otherwise, voluntarily acquires the citizenship of another country shall, upon such acquisition, cease to be a citizen of India.
The Central Government may, by order, deprive a citizen of India of their citizenship obtained by registration or naturalisation if satisfied that the registration or certificate was obtained by fraud, false representation, or concealment of a material fact, or that the citizen has shown disloyalty to the Constitution, or has, during a war in which India is engaged, unlawfully traded or communicated with the enemy.
The prescribed authority or the Central Government, as the case may be, determines any question as to whether, when or how any person has acquired the citizenship of another country, in accordance with the rules of evidence prescribed for the purpose. The decision of the Central Government on any such question is final and is not liable to be called in question in any court.
The Central Government may compulsorily register every citizen of India and issue a national identity card to them, and may maintain a National Register of Indian Citizens for that purpose, establishing a National Registration Authority. The procedure and the manner of registration are as prescribed by rules.
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