The Citizenship Act, 1955
SECTIONS

1. Short title.

2. Interpretation.

3. Citizenship by birth.

4. Citizenship by descent.


# THE CITIZENSHIP ACT, 1955

____________

# ARRANGEMENT OF SECTIONS

____________

ACQUISITION OF CITIZENSHIP


5. Citizenship by registration.

6. Citizenship by naturalization.

6A. Special provisions as to citizenship of persons covered by the Assam Accord.

6B. Special provisions as to citizenship of person covered by proviso to clause (b) of sub-section (1)

of section 2.

7. Citizenship by incorporation of territory.

OVERSEAS CITIZENSHIP

7A. Registration of Overseas Citizen of India Cardholder.

7B. Conferment of rights on Overseas Citizen of India Cardholder.

7C. Renunciation of Overseas Citizen of India Card.

7D. Cancellation of registration as Overseas Citizen of India Cardholder.

TERMINATION OF CITIZENSHIP

8. Renunciation of citizenship.

9. Termination of citizenship.

10. Deprivation of citizenship.

SUPPLEMENTAL

11. [Omitted.].

12. [Omitted.].

13. Certificate of Citizenship in case of doubt.

14. Disposal of application under sections 5, 6 and 7A.

14A. Issue of national identity cards.

15. Revision.

15A. Review.

16. Delegation of powers.

17. Offences.

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SECTIONS

18. Power to make rules.

19. [Repealed.].

[THE FIRST SCHEDULE.] [Omitted.].

THE SECOND SCHEDULE.

THE THIRD SCHEDULE.

[THE FOURTH SCHEDULE.] [Omitted.].


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# THE CITIZENSHIP ACT, 1955
 ACT No. 57 OF 1955[1]

[30th December, 1955.]

# An 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.**

**2. Interpretation.―(1) In this Act, unless the context otherwise requires,―**

(a) “a Government in India” means the Central Government or a State Government.

2[(b) “illegal migrant” means a foreigner who has entered into India―

(i) without 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; 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;]

3[Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian

community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the
31st day of December, 2014 and who has been exempted by the Central Government by or under
clause (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 or
order 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 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;

4[(ee) “Overseas Citizen of India Cardholder” means a person registered as an Overseas Citizen

of India Cardholder by the Central Government under section 7A;]

(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;

5*     -     -     -     
(h) “undivided India” means India as defined in the Government of India Act, 1935, as originally

enacted.

(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 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 father 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

1. This Act has been extended to the Union territory of Dadra and Nagar haveli, vide Notification No. S.O. 846, dated 17-3
1962, Gazette of India, Extraordinary, Part II, sec. 3(ii), page 517. The Union territory of Goa, Daman and Diu vide
Notification No. S.O. 847, dated 17-3-1962, _see_ _ibid., and to Pondicherry with modification_ _vide_ Notification No. G.S.R.
1557, dated 24-11-1962, Gazette of India, Part II, section 3(i).

2. Subs. by Act 6 of 2004, s. 2, for clauses (b) and (c) (w.e.f. 3-12-2004).

3. Ins. by Act 47 of 2019, s. 2 (w.e.f. 10-1-2020).

4. Subs. by Act 1 of 2015, s. 2, for clause (ee) (w.e.f. 6-1-2015).
5. Omitted by Act 32 of 2005, s. 2 (w.e.f. 28-6-2005).

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before, and the birth 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.

ACQUISITION OF CITIZENSHIP

1[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 (6 of 2004) 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 (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 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

(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.―[2][(1) 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 December, 1992, if his

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 at the

time of his birth:

Provided that if the father of a person referred to in clause (a) was a citizen of India 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 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:

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 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 after the

10th day of December, 1992, whichever is later, or, with the permission of the Central 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:

1. Subs. by Act 6 of 2004, s. 3, for section 3 (w.e.f. 3-12-2004).
2. Subs. by s. 4, ibid., for sub-section (1) (w.e.f. 3-12-2004).

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Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003

(6 of 2004), 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(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, 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 of this 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.]

(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 (1), [1][any 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 is 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;

(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 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 [3][is ordinarily resident in India for twelve months] immediately before making
an application for registration;


(g)  a person of full age and capacity who has been registered as an [4][Overseas Citizen of India

Cardholder] for five years, and who [5][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 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.

1. Subs. by Act 39 of 1992, s. 2, for “any male person”.
2. Subs. by Act 6 of 2004, s. 5, for sub-section (1) (w.e.f. 3-12-2004).
3. Subs. by Act 1 of 2015, s. 3, for “has been residing in India for one year” (w.e.f. 6-1-2015).
4. Subs. by s. 3, ibid., for “Overseas Citizen of India” (w.e.f. 6-1-2015).
5. Subs. by s. 3, ibid., for “has been residing in India for one year” (w.e.f. 6-1-2015).

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_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[(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording

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 be in different breaks.]

(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.

2[(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.].

**6. Citizenship by naturalisation.―(1) Where an application is made in the prescribed manner by**

any person of full age and capacity [3][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.

4[6A. Special provisions as to citizenship of persons covered by the Assam Accord.―(1) For the

purposes of this section―

(a) “Assam” means the territories included in the State of Assam immediately before the

commencement of the Citizenship (Amendment) Act, 1985 (65 of 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 (65 of 1985);

(d) a person shall be deemed to be Indian origin, if he, or either of his parents or any of his

grandparents was born in undivided India;

1. Ins. by Act 1 of 2015, s. 3 (w.e.f. 6-1-2015).
2. Ins. by Act 6 of 2004, s. 5 (w.e.f. 3-12-2004).
3. Subs. by s. 6, ibid., for “who is not a citizen of a country specified in the First Schedule” (w.e.f. 3-12-2004).
4. Ins. by Act 65 of 1985, s. 2 (w.e.f. 7-12-1985).

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(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 lst 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 lst 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 lst 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 (hereafter 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 (Tribunals) Order, 1964 holding such person to be a
foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this sub-section
and if any question arises as to whether such person complies with any other requirement under this subsection, the registering authority shall,―

(i) if such opinion contains a finding with respect to such other 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 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 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 (65 of 1985), 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 of the Citizenship
(Amendment) Act, 1985(65 of 1985), 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).

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_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 (65

of 1985), is a citizen of India;

(b) who was expelled from India before the commencement of the Citizenship (Amendment) Act,

1985, 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.]

1[6B. **Special provisions as to citizenship of person covered by proviso to clause (b) of sub-**

**section (1) of section 2.—(1) The Central Government or an authority specified by it in this behalf may,**
subject to such conditions, restrictions and manner as may be prescribed, on an application made in this
behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the
proviso to clause (b) of sub-section (1) of section 2.

(2) Subject to fulfillment of the conditions specified in section 5 or the qualifications for

naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration
or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India from the date
of his entry into India.

(3) On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any

proceeding pending against a person under this section in respect of illegal migration or citizenship shall
stand abated on conferment of citizenship to him:

Provided that such person shall not be disqualified for making application for citizenship under this

section on the ground that the proceeding is pending against him and the Central Government or authority
specified by it in this behalf shall not reject his application on that ground if he is otherwise found
qualified for grant of citizenship under this section:

Provided further that the person who makes the application for citizenship under this section shall not

be deprived of his rights and privileges to which he was entitled on the date of receipt of his application
on the ground of making such application.

(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as

included in the Sixth Schedule to the Constitution and the area covered under “The Inner Line” notified
under the Bengal Eastern Frontier Regulation, 1873 (Reg. 5 of 1873).]

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

Government 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.

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[OVERSEAS CITIZENSHIP

[3][7A. Registration of Overseas Citizen of India Cardholder.―(1) The Central Government may,

subject to such conditions, restrictions and manner as may be prescribed, on an application made in this
behalf, register as an Overseas Citizen of India Cardholder―

(a) any person of full age and capacity,―

(i) who is a 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

1. Ins. by Act 47 of 2019, s. 3 (w.e.f. 10-1-2020).
2. Ins. by Act 6 of 2004, s. 7 (w.e.f. 3-12-2004).
3. Subs. by Act 1 of 2015, s. 4, for sections 7A, 7B, 7C and 7D (w.e.f. 6-1-2015).

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(ii) who is a 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 a 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 grandchild or a great grandchild of such a citizen; or

(b) a person, who is a minor child of a person mentioned in clause (a); or

(c) a person, who is a minor child, and whose both parents are citizens of India or one of the

parents is a citizen of India; or

(d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas

Citizen of India Cardholder registered under section 7A and whose marriage has been registered and
subsisted for a continuous period of not less than two years immediately preceding the presentation of
the application under this section:

Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such

spouse shall be subjected to prior security clearance by a competent authority in India:

Provided further that no person, who or either of whose parents or grandparents or great grandparents

is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by
notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of
India Cardholder under this sub-section.

(2) The Central Government may, by notification in the Official Gazette, specify the date from which

the existing persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India
Cardholders.

_Explanation.―For the purposes of this sub-section, “Persons of Indian Origin Cardholders” means_

the persons registered as such under notification number 26011/4/98 F.I., dated the 19th August, 2002,
issued by the Central Government in this regard.

(3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is

satisfied that special circumstances exist, after recording the circumstances in writing, register a person as
an Overseas Citizen of India Cardholder.

**7B. Conferment of rights on Overseas Citizen of India Cardholder.―(1) Notwithstanding**

anything contained in any other law for the time being in force, an Overseas Citizen of India Cardholder
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 this behalf.

(2) An Overseas Citizen of India Cardholder 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 as 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;

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(h) under sections 5, 5A and section 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 the Legislative
Council, as the case may be, of a State;

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

State except for appointment in such services and posts as the Central Government may, by special
order in that behalf, specify.

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

**7C. Renunciation of Overseas Citizen of India Card.―(1) If any Overseas Citizen of India**

Cardholder of full age and capacity makes in prescribed manner a declaration renouncing the Card
registering him as an Overseas Citizen of India Cardholder, the declaration shall be registered by the
Central Government, and upon such registration, that person shall cease to be an Overseas Citizen of
India Cardholder.

(2) Where a person ceases to be an Overseas Citizen of India Cardholder under sub-section (1), the

spouse of foreign origin of that person, who has obtained Overseas Citizen of India Card under clause (d)
of sub-section (1) of section 7A, and every minor child of that person registered as an Overseas Citizen of
India Cardholder shall thereupon cease to be an Overseas Citizen of India Cardholder.

**7D. Cancellation of registration as Overseas Citizen of India Cardholder.―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 Cardholder was obtained by means of fraud,

false representation or the concealment of any material fact; or

(b) the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as

by law established; or

(c) the Overseas Citizen of India Cardholder 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 Cardholder has, within five years after registration under

sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years;
or

1[(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or

provisions of any other law for time being in force as may be specified by the Central Government in
the notification published in the Official Gazette; or;]

(e) it is necessary so to do in the interests 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; or

(f) the marriage of an Overseas Citizen of India Cardholder, who has obtained such Card under

clause (d) of sub-section (1) of section 7A,―

(i) has been dissolved by a competent court of law or otherwise; or

(ii) has not been dissolved but, during the subsistence of such marriage, he has solemnised

marriage with any other person.]]

1[Provided that no order under this section shall be passed unless the Overseas Citizen of

India Cardholder has been given a reasonable opportunity of being heard.]

1. Ins. by Act 47 of 2019, s. 4 (w.e.f. 10-1-2020).

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TERMINATION OF CITIZENSHIP

**8. Renunciation of citizenship.―(1) If any citizen of India of full age and capacity,[ 1]***, 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[ 2][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[ 3][in the

prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again
become a citizen of India.

4*  -  -  -  
**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, voluntarily 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 [ 5][citizen of India] has acquired 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.

**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) Subject 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

1. The words “who is also a citizen or national of another country” omitted by Act 6 of 2004, s. 8 (w.e.f. 3-12-2004).
2. Subs. by Act 39 of 1992, s. 3, for “a male person” (w.e.f. 10-12-1987).
3. Ins. by Act 6 of 2004, s. 8 (w.e.f. 3-12-2014).
4. Omitted by s. 8, ibid. (w.e.f. 3-12-2004).
5. Subs. by s. 9, ibid., for “person” (w.e.f. 3-12-2004).

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which India is a member, not registered annually in the prescribed manner at an Indian consulate his
intention to retain his citizenship of India.

(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 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 subsection (2) other than clause (e) thereof, of his right, upon making application therefore 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.

SUPPLEMENTAL

**11. [Commonwealth citizenship.]Omitted by Act The Citizenship (Amendment) Act, (6 of** 2004),

_s. 10_ (w.e.f. 3-12-2004).

**12. [Power to confer rights of Indian citizen or citizens of certain country.]** _Omitted by s._ 10, ibid.

_(w.e.f. 3-12-2004)._

**13. Certificate of Citizenship in 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 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 sections 5, 6 and 7A.―(1) The prescribed authority or the**

Central Government may, in its discretion, grant or refuse an application under [1][sections 5, 6 and
7A] and shall not be required to assign any reasons for such grant or refusal.

(2) Subject to the provisions of section l5 the decision of the prescribed authority or the Central

Government on any such application as aforesaid shall be final and shall not be called in question in any
court.

[2][14A. Issue of national identity cards.―(1) The Central Government may compulsorily register

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

(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 (6 of 2004),

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.

1. Subs. by Act 6 of 2004, s. 11, for “sections 5 and 6” (w.e.f. 3-12-2004).
2. Ins. by s. 12, ibid. (w.e.f. 3-12-2004).

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(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 a 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 (1), 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.

[1][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 an 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 (1), the Central Government shall, make such order

as it deems fit, and the decision of the Central Government on such review shall be final.]

**16. Delegation of powers.―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[ 2][five years], or[ 3][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 authorised under this Act to be registered, and the

conditions and restrictions in regard to such registration;

4[(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 authorised to be given by any person under this Act;

1. Ins. by Act 6 of 2004, s. 13, ibid. (w.e.f. 3-12-2004).
2. Subs. by s. 14, ibid., for “six months” (w.e.f. 3-12-2004)
3. Subs. by s. 14, ibid., for “with fine” (w.e.f. 3-12-2004)..
4. Ins. by s. 15, ibid. (w.e.f. 3-12-2004).

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(e) the cancellation of the registration of, and the cancellation and amendment of certificates of

naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such
certificates for those purposes;

1[(ee) the manner and form in which and the authority to whom declarations referred to in clauses

(a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such
declarations;]

2[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate

of naturalisation under sub-section (1) of section 6B;]

3[(eea) the conditions and the manner subject to which a person may be registered as an Overseas

Citizen of India Cardholder under sub-section (1) of section 7A;

(eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under

sub-section (1) of section 7C;]

(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;

(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 such committees of any of the powers, rights and privileges of civil courts;

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

(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 the Act.

(3) In making any rule under this section, the Central Government may provide that a breach thereof

shall be punishable with fine which may extend to one thousand rupees.

5[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.]

6[(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 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.] [Rep. by the Repealing and Amending Act,** 1960 (58 of 1960), s. 2 and the First

_Schedule.]_

1. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985).
2. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020).
3. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015).
4. Ins. by Act 6 of 2004, s. 15 (w.e.f. 7-12-1985).
5. The proviso ins. by s. 15, ibid. (w.e.f. 3-12-2004).
6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986).

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[THE FIRST SCHEDULE.] [Omitted by Act the Citizenship (Amendment) Act, 2003 (6 of 2004), s.

16 (w.e.f. 3-12-2004).]

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1[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 fulfill
my duties as a citizen of India.]

1. Subs. by Act 6 of 2004, s. 17, for the Second Schedule (w.e.f. 3-12-2004).

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THE THIRD SCHEDULE

[See section 6(1)]

QUALIFICATIONS FOR NATURALISATION

The qualifications for naturalisation of a person [1]*** are―

(a) that he is not a subject or citizen of any country where citizens of India are prevented by law

or practice of that country from becoming subjects or citizens of that country by naturalisation;

(b) that, if he is a citizen of any country, [2]***;

(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;

3[Provided that if the Central Government is satisfied that special circumstances exist, it may,

after recording the circumstances in writing, relax the period of twelve months up to a maximum of
thirty days which may be in different breaks.]

(d) that during the [4][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 [5][eleven years];

6[Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian

community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of
Government in India as required under this clause shall be read as “not less than five years” in place
of “not less than 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 purposes of clause (c) above, as if it had immediately
preceded that date;

(ii) allow periods of residence or service earlier than [7][fifteen years] before the date of the

application to be reckoned in computing the aggregate mentioned in clause (d) above.

1. Subs. by Act 6 of 2004, s. 18, for “who is not a citizen of a country specified in the First Schedule” (w.e.f. 3-12-2004).

2. Subs. by s. 18, ibid., for “he has renounced the citizenship of that country in accordance with the law therein in force   in

that behalf and has notified such renunciation to the Central Government” (w.e.f. 3-12-2004).

3. The proviso ins. by Act 1 of 2015, s. 6 (w.e.f. 6-1-2015).
4. Subs. by Act 6 of 2004, s. 18, for “twelve years” (w.e.f. 3-12-2004).
5. Subs. by s. 18, ibid., for “nine years” (w.e.f. 3-12-2004).
6. The proviso ins. by Act 47 of 2019, s. 6 (w.e.f. 10-1-2020).
7. Subs. by Act 6 of 2004, s. 18, for “thirteen years” (w.e.f. 3-12-2004).

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[THE FOURTH SCHEDULE.] Omitted by the Citizenship (Amendment) Act, 2005 (32 of 2005), s. 5

(w.e.f. 28-6-2005).

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