How to get Citizenship in India

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How to get Citizenship in India
Getting citizenship in India requires the
guidance of a legal professional, as well as
there is a complete special section in the Indian
Constitution regarding citizenship in India, so
it becomes mandatory for every law aspirant to
learn about this subject and know the whole
process. Many online law certification courses
in India based on constitutional law teach about
this section of the Constitution. There is a
separate legal profession(i.e, Naturalisation
and Citizenship lawyer) for this purpose, these
lawyers are specialists and help people in
getting citizenship in India. In this Blog, the
History behind citizenship, Constitutional
Provisions, Acts, and modes of getting
citizenship in India are mentioned. Also, the
five ways to change or get national citizenship
in India. Lets first understand what is
Citizenship, A relationship between an
individual and a state to which the owes the
allegiance and in turn is entitled to its
protection. Citizenship is a legal concept which
is granted by the national government, it can be
changed or taken away from a person too. It is
different from nationality which is obtained
through inheritance. A person belonging to
nationality can get access to citizenship of a
different country or Nation. Citizenship depends
on the factors like birth, inheritance,
marriage, and Naturalization. There are two
principles on which citizenship is based i.e, Jus
Soli (Citizenship on the basis of Birth) and Jus
sanguinis (recognization of blood ties). History
Behind Citizenship in India At the time of
independence happened the partition of India and
Pakistan, all the citizens were given the choice
to be part of the country
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• they wish and get the nationality of that
  Country. Due to this situation, the framer of
  the Constitution put extra effort to enact strict
  provisions to frame the policy regarding
  nationality and citizenship before the
  establishment of the Indian Constitution.
• Provisions in Constitution
• Part II of the Indian Constitution is based on
  citizenship, it mentions all categories of
  people who are entitled to citizenship under
  Articles 5 to
• These provisions were implemented on November 26,
  1949, even before the whole constitution came
  into effect which was January 26, 1950. Law
  aspirants are required to learn all these
  articles completely, many legal learning
  platforms provide online legal certification
  courses on Constitutional law as well as guidance
  for students on how to get citizenship in India.
  The Provisions are as follows
• Article 5
• Article 5 of the Indian Constitution provides the
  citizenship to the person domiciled at the time
  of commencement of the constitution, and also
  who
• A person born in India.
• Even if the person is not born in India, either
  of their parents is born in India.
• Any person who has been an ordinarily resident
  for more than 5 years in the territory of India.
• Article 6
• Article 6 of the Indian constitution talks about
  the person who has migrated from Pakistan to
  India, such a person can have the citizenship of
  India if,
• If that person, their parents or grandparents
  were born in India under the India Act 1935.
• A person who migrated before the date of 19 July
  1949, would automatically become a citizen of
  India, if someone migrates after this date then
  they would need to register themselves.

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Article 7 This Article of the Indian
Constitution talks about the right to citizenship
of certain migrants of Pakistan, after March of
1947 any person who entered Pakistan for
residing was not considered an Indian citizen but
there were some exceptions to this which are
mentioned in Article 7. Article 7 states that
any migrant person can get citizenship in India
if these persons return within a resettlement
period. Article 8 The 8th Article tells about
the citizenship of a person of Indian origin
residing outside. If any person, who is
ordinarily residing outside of the country for
education, marriage, job or any other such
purpose shall be considered a citizen of
India. Article 9 Article 9 of the Indian
constitution is concerned with the people who
have voluntarily become citizens of a foreign
country. This Article has read that India does
not allow Dual citizenship, thats why any Indian
person who has voluntarily acquired citizenship
of a Foreign country shall not be considered an
Indian citizen. Article 10 Article 10 of the
Indian constitution says that any person who is
considered a citizen of India under any article
of Part II of the Indian constitution shall
continue to be an Indian citizen and will be
subject to every law and provision made by the
Parliament. Article 11 Article 11 states that
Parliament has the power to make any provisions
regarding the acquisition and termination of the
citizenship and all other requirements related
to it, which every person has to accept. 4 Ways
to get Citizenship in India The Parliament of
India passed a comprehensive law managing the
citizenship of Indian people in 1955 known as The
Citizenship Act, 1955. This act is regulated by
the Ministry of Home Affairs. There are four
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provisions listed in this act through which
people get acquisition of citizenship of India,
they are as follows By Birth(Section 3) Any
person born in India after the passing of the
Bill will be considered a citizen of India till
1st July 1987 by birth irrespective of the
nationality of Birth. Also, a person born in
India between 1st July 1987 and 3 December 2008,
is considered a citizen of India if either of
whose parents have the citizenship of India by
Birth. And, a person is considered a citizen of
India if he/she is born after 3 December 2008,
and at the time of birth, either of his/her
parents is a citizen of India by birth and
another one is not an illegal migrant. By
Decent(Section 4) According to this Section, A
person born after 26 January 1950 can be a
citizen of India if his/her father is a citizen
of India by birth, also A person born outside
India between 10 December 1992 and 3 December
2004, can be considered a citizen of India if
his/her parents were citizens of India by birth,
and a person born after 3 December 2004 outside
India cannot become a citizen of India unless
his/her parents declare that minor doesn't have
the passport of any country and register him/her
in Indians consultant within one year of
birth. By Registration(Section 5) Citizenship
in India can be acquired by the registration,
there are some rules for registering such as A
person who has Indian origin and has been a
resident of India for 7 years can apply for
registration, A person of Indian origin who is a
resident of a country outside undivided India, A
person who is married to an Indian citizen and is
ordinarily resident of India for 7 years can
register, and Minor Children of Indian Citizens
can also register. By Naturalization (Section
6) Central government can grant citizenship to a
person from a foreign country if he/she is
ordinarily resident of India for more than 12
years and fulfils the qualifying criteria of the
Third Schedule of the citizenship act.
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But one must remember that these provisions are
not applicable for dual citizenship as India is
a country which has single citizenship. This act
has been amended four times and brought many
changes in the actual act, one can learn about
all those conversions in the act through online
legal courses based on this subject. Also, law
aspirants must be aware of the complete act of
Citizenship, as this whole process is done with
the help of legal professionals.
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Conclusion There is another whole section on
termination of citizenship in the act, where it
is clearly mentioned the scenario in which one
can get their citizenship terminated, then there
are several cards and papers which provide
privileges of a visa and Indian citizenship such
as Person of Indian Origin(POI) card, and
Overseas Citizen of India (OCI) card. Become a
citizen of India, should be a decision one should
take with proper thought and consideration also
if one migrates to another country and wants to
terminate the citizenship, this should also be
considered very thoroughly, as this process
takes a lot of time as well as paperwork and
proper legal guidance. Also, law aspirants must
be aware of all regulations, limitations, and
requirements for this purpose. Many legal
experts in this field, help students by sharing
their knowledge and experience through online
legal certification courses.