Citizenship in India: Part 8

 

Section 5: Citizenship by Registration

Explanation

Section 5 of the Citizenship Act, 1955, outlines the criteria for acquiring Indian citizenship by registration. It states that the Central Government may, on an application, register as a citizen of India any person who is not an illegal migrant and who is not already a citizen by virtue of the Constitution or any other provision of the Act, if they belong to one of the following categories:

1. A person of Indian origin who is ordinarily resident in India for seven years before making an application for registration.

2. A person of Indian origin who is ordinarily resident in any country or place outside undivided India.

3. 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.

4. Minor children of persons who are citizens of India.

5. 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.

6. A person of full age and capacity who, or either of whose parents, was earlier a citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration.

7. A person of full age and capacity who has been registered as an Overseas Citizen of India Cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration.

Relevant Judgments

1. Union of India vs. Pranav Srinivasan (2024): This recent judgment reaffirmed the importance of timely birth registration for individuals seeking citizenship by descent. The Court emphasized that the registration process must be followed strictly to ensure that eligible individuals are granted citizenship.

2. Bhanwaroo Khan vs. Union of India (2002): This case clarified the interpretation of Section 5, particularly in relation to the status of individuals born outside India to Indian citizens. The Supreme Court held that such individuals qualify for citizenship by descent if their birth is registered at an Indian consulate within one year of its occurrence or the commencement of the Act, whichever is later.

3. Pallavi vs. Union of India & Ors. (2023): This case involved the interpretation of the residency requirements for citizenship by registration. The Court emphasized the need for a fair and transparent process for registration, ensuring that eligible individuals are not denied citizenship.

These judgments have played a crucial role in interpreting and applying the provisions of Section 5, ensuring that the criteria for citizenship by registration are applied fairly and consistently.