INDIAN CITIZENSHIP

Citizen - Meaning

The Oxford Dictionary defines a citizen as:- 1. A legally recognized subject or national of a state or commonwealth 2. An inhabitant of a town or city.

The term citizen has an urban origin. It has been derived from the Anglo-Norman word ‘citezein’ and French ‘citoyen’. This is based on the Latin civitas, meaning people united in a city or community. The expansion and development of citizenship has been closely linked to the growth of cities and the emergence of the nation state.

A Citizen is a member of a society, community, (originally a city or town but now usually a country) and carries with it rights to political participation; such membership is called citizenship.

History

Historically, many states limited citizenship to only a proportion of their population, thereby creating a citizen class with political rights superior to other sections of the population, but equal with each other. The classical example of a limited citizenry was Athens where slaves, women, and resident foreigners (called metics) were excluded from political rights.

The first form of citizenship was based on the way people lived in the ancient Greek times, in small-scale organic communities of the polis. In those days citizenship was not seen as a public matter, separated from the private life of the individual person. The obligations of citizenship were deeply connected into one’s everyday life in the polis. To be truly human, one had to be an active citizen to the community, which Aristotle famously expressed: “To take no part in the running of the community's affairs is to be either a beast or a god!” This form of citizenship was based on obligations of citizens towards the community, rather than rights given to the citizens of the community. Citizens of the polis saw obligations to the community as an opportunity to be virtuous, it was a source of honour and respect. In Athens, citizens were both ruler and ruled, important political and judicial offices were rotated and all citizens had the right to speak and vote in the political assembly.

INDIA

In India Article 5 to 9 of the Indian Constitution determine who are Indian Citizens at the commencement of the Constitution and Article 10 provides for their continuance as such citizens subject to the provisions of any law that may be made by the Parliament. The main legislation which deals with citizenship is -The Citizenship Act, 1955. Section 2(b) of the Act defines a citizen as - "citizen" in relation to a country specified in the First Schedule, means a person who under the citizenship or nationality law for the time being in force in that country, is a citizen or national of that country. The First Schedule mentioned herein has been omitted by Citizenship Amendment Act, 2003 (6 of 2004).

Besides Citizens, there are certain other categories of persons dealt by the Indian law. These are as follows:-

Non-Resident Indian (NRI)A Non-Resident Indian is an Indian citizen who is ordinarily residing outside India and holds an Indian Passport.

Person of Indian Origin (PIO)A person who, or whose any of the ancestors, was an Indian national and who is presently holding another country’s citizenship/ nationality i.e. he/she is holding foreign passport.

Any person who at any time held an Indian Passport; or he or either of his parents or grand parents was born in or was permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of Afghanistan, Bhutan, China, Nepal, Pakistan and Sri Lanka; or who is a spouse of a citizen of India or a person of Indian origin is eligible to apply for a PIO Card. PIOs of all countries are eligible except Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka.

A PIO Card Holder is entitled to the following benefits:-(i) Shall not require a separate visa to visit India.(ii) Will be exempt from the requirements of registration if his/her stay on any single visit in

India does not exceed 180 days.(iii) In the event of continuous stay in India exceeding 180 days, he/she shall have to get

himself/herself registered within 30 days of the expiry of 180 days with the concerned FRRO/FRO.

(iv) Parity with NRIs in respect of all facilities available to the later in the economic, financial and educational fields except in matters relating to the acquisition of agricultural/ plantation properties. No parity shall be allowed in the sphere of political rights.

A PIO Card Holder can visit India without visa for 15 years from the date of issue of PIO card.The PIO Card Holder is required to register with local police authorities in India when the stay in India exceeds 180 days for the first time.

As per section 5(1) (a) & 5(1) (c) of the Citizenship Act, a PIO Card Holder has to reside in India for minimum 7 years before making application for acquiring Indian citizenship.

Overseas Citizen of India (OCI)A person registered as Overseas Citizen of India (OCI) under Section 7A of the Citizenship Act, 1955.

A foreign national, who was eligible to become citizen of India on 26.Jan.1950 or was a citizen of India on or at anytime after 26.Jan.1950 or belonged to a territory that became part of India after 15.Aug.1947 and his/her children and grand children, provided his/her country of citizenship allows dual citizenship in some form under the local laws, is eligible for registration as Overseas Citizen of India (OCI). Minor children of such person are also eligible for OCI.

PIOs of all countries except Pakistan and Bangladesh are eligible provided the country of nationality allows dual citizenship in some form or other under the local laws.

An OCI is entitled to the following benefits:-

(i) A multiple entry multi-purpose life long visa for visiting India.(ii) Exemption from registration with local police authority for any length of stay in India.(iii) Parity with Non resident Indians (NRIs) in respect of economic, financial and educational

fields except in relation to acquisition of agricultural or plantation properties. No parity shall be allowed in the sphere of political rights.

Any other benefits as may be notified by the Ministry of Overseas Indian Affairs (MOIA) under Section 7B (1) of the Citizenship Act, 1955.

An OCI can visit India without visa for life long. Registered OCI may be granted Indian citizenship after 5 years from date of registration provided he/she stays for one year in India before making application.

ACQUISITION & TERMINATION OF CITIZENSHIP

Legal provisions relating to acquisition and termination of citizenship of India are contained in the Citizenship Act, 1955. The Indian law confers the status of citizen in the following ways:

Citizenship by Birth (Section 3)

(i) A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.

(ii) A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.

(iii) A person born in India on or after 3rd December, 2004[the commencement of the Citizenship (Amendment) Act, 2003] is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.

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.

An “illegal migrant” as defined in section 2(1) (b) of the Act is a foreigner who entered India(i) without a valid passport or other prescribed travel documents : or

(ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.

Citizenship by Descent (Section 4)

(i) A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

(ii) A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

(iii) A person born outside India on or after 3rd December, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

Citizenship by Registration [Section 5(1)]

Indian Citizenship by registration can be acquired (not illegal migrant) by: -(a) Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before

making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months).

(b) Persons of Indian origin who are ordinarily resident in any country or place outside undivided India under section 5(1) (b).

(c) Persons who are married to a citizen of India and who are ordinarily resident in India for SEVEN YEARS (as mentioned at (a) above) before making application under section 5(1)(c).

(d) Minor children whose both parents are Indian citizens under section 5(1)(d). (e) Persons of full age whose both parents are registered as citizens of India under section 5(1)

(a) or section 6(1) can acquire Indian citizenship under section 5(1)(e). (f) Persons of full age who or either of the parents were earlier citizen of Independent India and

residing in India for ONE YEAR immediately before making application under section 5(1)(f).

(g) Persons of full age and capacity who has been registered as an OVERSEAS CITIZEN OF INDIA (OCI) for 5 years and residing in India for ONE YEAR before making application under section 5(1) (g).

A person shall be deemed to be a Person 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.

A very famous case in this regard is Mrs. Sonia Gandhi’s Case. Three election petitions were filed in the Allahabad High Court challenging her election on the grounds that she, being an Italian citizen, did not satisfy the prerequisites for registration as a citizen of India. Of the three petitions, two were filed by candidates who had lost in Amethi in 1999: Mr. Hari Shanker Jain and MR. Hari Krishna Lal. The third petition was filed by a voter in Amethi. The Lucknow Bench of the Allahabad High Court, held that none of the petitions disclosed any cause of action or triable issue and thus none was maintainable.

Petitioner challenged the legality of Section 5(1) (c) of the Citizenship Act, 1955, under which Sonia Gandhi acquired her Indian citizenship through registration. Under this provision, persons who are, or have been married to, citizens of India and are ordinarily resident in India and have been so resident for a period of 12 months immediately before making an application for registration, would be eligible to apply for Indian citizenship by means of registration. (This provision was amended in 1986 whereby the requirement regarding the length of residence was made five years, and has now been further amended to 7 years). Based on her application under this Section, she was issued a certificate of citizenship by the Government of India in 1983.

The Allahabad High Court dismissed the petitions in 2000 on the plea that a challenge relating to citizenship or the constitutionality of the Citizenship Act itself could not be adjudicated upon by the High Court in the course of considering an election petition. The High Court also held that the citizenship certificate granted to Sonia Gandhi was final and binding, and unless it was cancelled by the Central government the issue could not be questioned as part of an election petition.

In appeal against the High Court verdict the Supreme Court Bench consisting of Chief Justice A.S. Anand, Justices R.C. Lahoti and Doraiswamy Raju, rejected the High Court judgment that an election petition could not challenge a citizenship certificate or the constitutionality of the Citizenship Act. However, the Bench dismissed the appeals because the petitions made vague averments about Sonia Gandhi's eligibility for Indian citizenship, and therefore, did not satisfy the requirements of pleading material facts.

The petitions challenging Sonia Gandhi's election from Amethi had averred that she could not have renounced the Italian citizenship and become a citizen of India when she applied for and was issued a certificate of citizenship under Section 5(1) (c) of the Citizenship Act. However, the petitioners did not give indications of any such clause in the Italian law on which they had based their averments.

Sonia Gandhi’s Counsel, said that a new Italian Citizenship Act which came into force in 1992, allows for, multiple citizenship. This was previously possible only in specific cases. Thus, before August 1992, when an Italian citizen acquired another citizenship he/she automatically lost the Italian citizenship. Indeed, according to the new Citizenship Act, a person can lose Italian citizenship only by formally renouncing it, on condition that one has another citizenship. To renounce citizenship, one must sign a formal statement at the Consulate. According to the 'Information on Citizenship', released by the Consulate General of Italy, an Italian citizen who acquired the citizenship of another country before August 15, 1992 has, in all likelihood, lost

Italian citizenship and, unless he/she applies for re-acquisition, is to be considered by Italy as a foreigner.

Mrs. Sonia Gandhi applied for Indian citizenship by registration in1983 by virtue of her marriage to Mr. Rajiv Gandhi in 1968. She voluntarily renounced her Italian citizenship by surrendering her Italian passport to the Italian Embassy in April 1983. This had been confirmed by the then Italian Ambassador to India. Even if surrendering the passport would not legally amount to renunciation of citizenship, Sonia Gandhi would have lost her Italian citizenship in April 1983 when she acquired Indian citizenship by registration. Item 10 of Form II (before it was revised in 2000), which is used as an application for registration as a citizen of India under Section 5(1) (c) of the Citizenship Act, only required an undertaking from the applicant that he would renounce the citizenship of his country in the event of his application being sanctioned, while Item 9 of the form gave the applicant an option to state whether he had renounced or lost the citizenship of the other country. Indeed, the form as it stands today, after revision in 2000, seems more liberal, as it retains only Item 10 (now renumbered 11).

It was not necessary that Sonia Gandhi should have resided in India for a continuous period of 12 months before registration as a citizen of India in 1983. The Explanation to Rule 4 of Citizenship Rules, 1956, which deals with the form of application for registration under Section 5(1)(c) makes the point that in computing the period of 12 months (now 7 years), broken periods of residence may be taken into account.

The Bench refused to entertain or adjudicate the petition on the basis of vague and indefinite pleas.

By Registration (Section 5(4))

Any minor child can be registered as a citizen of India under Section 5(4), if the Central Government is satisfied that there are “special circumstances” justifying such registration. Each case would be considered on merits.

Citizenship by Naturalization (Section 6)

Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for TWELVE YEARS (throughout the period of twelve months immediately preceding the date of application and for ELEVEN YEARS in the aggregate in the FOURTEEN YEARS preceding the twelve months) and other qualifications as specified in Third Schedule to the Act.Where an application is made in the prescribed manner by any person of full age and capacity who is not a citizen of a country specified in the First Schedule 14.I for the grant of a certificate of a naturalization to him, the Central Government may, if satisfied that the applicant is qualified for naturalization under the provisions if the Third Schedule, grant to him a certificate of naturalization.

Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished services 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 of Citizenship act, 1955. The person to whom a certificate of naturalization is granted shall, on taking an oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalization as from the date on which that certificate is granted.

Citizenship by Incorporation of TerritoryIf any territory becomes a part of India, the Central Government, may by orders notified in the Official Gazette, specify the persons who shall be citizens of India by reasons of their connection with that territory, and those persons shall be citizens of India as from the date to be specified in the order.

Termination

Citizenship is terminated either by renunciation or acquisition of citizenship of another country. Termination is covered in Section 9 of the Citizenship Act, 1955. Section 9(1) of the Act provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India. It also provides that any citizen of India who voluntarily acquires the citizenship of another country shall cease to be a citizen of India.

Renunciation of Citizenship

Renunciation is covered in Section 8 of the Citizenship Act 1955. If any citizen of India of full age and capacity, who is also a citizen or national of another country, 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 Indian. 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.

Where a person ceases to be a citizen of India 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 that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.

For the purpose of this section, any woman who is, or has been, married shall be deemed to be of full age.

Acquisition of Citizenship of Another Country

Any citizen of India who by naturalization, registration or 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, cease to be a citizen of India. However, this does not apply to a citizen of India, during any war in which India may be engaged, voluntarily acquires the citizenship of another country, until the Central Government otherwise directs.

If any question arises as to whether, when or how any person 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.

The acquisition of another country's passport is also deemed under the Citizenship Rules, 1956 to be voluntary acquisition of another country’s nationality. Rule 3 of Schedule III of the Citizenship Rules, 1956 states that "the fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date". Again, this rule applies even if the foreign passport was obtained for the child by his or her parents, and even if possession of such a passport is required by the laws of a foreign country which considers the child to be one of its citizens (e.g., a U.S.-born child of Indian parents who is automatically deemed to be a U.S. citizen according to U.S. law, and who is therefore required by U.S. law to have a U.S. passport in order to travel abroad). It does not matter that a person continues to hold an Indian passport. Persons who acquire another citizenship lose Indian citizenship from the date on which they acquire that citizenship or another country's passport. The prevailing practice at a number of British diplomatic posts, for example, is to impound and return to the Indian authorities the Indian passports of those applicants who apply for and are granted British passports.

Special rules exist for Indian citizens with a connection to Goa, Daman and Diu. Rule 3A of Schedule III of the Citizenship Rules, 1956 states that "Where a person, who has become an Indian Citizen by virtue of the Goa, Daman and Diu (Citizenship) Order, 1962, or the Dadra and Nagar Haveli (Citizenship) Order 1962, issued under section 7 of the Citizenship Act, 1955 holds a passport issued by the Government of any other country, the fact that he has not surrendered the said passport on or before the 19 January 1963 shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date.

On 16 February 1962, a Constitution Bench of the Supreme Court of India held in the case of Izhar Ahmad Khan Vs. Union of India, AIR 1962 SC 1052, that "If it is shown that the person has acquired foreign citizenship either by naturalisation or registration, there can be no doubt that he ceases to be a citizen of India in consequence of such naturalisation or registration, provided the said voluntary acquisition has taken place between the 26th January,1950 and the commencement of the Act, or takes place thereafter.”

Deprivation

The Central government under section 10 of the Indian citizenship Act, 1955 deprives any citizen of Indian Citizenship if it is satisfied that-a. The registration or certificate of naturalization was obtained by means of fraud, false

representation or concealment of any material fact; orb. That citizen has shown himself by act or speech to be disloyal or disaffected towards the

Constitution of India as by law established; orc. That citizen has, during the 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 any enemy in that war; or

d. That citizen has, within five years after registration or naturalization, 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 of India or of an International organization of which India is a member, nor registered annually in the prescribed manner at an Indian consulate his intention to retain his citizenship of India.

f. The Central Government shall not deprive a person of citizenship unless it is satisfied that it is not conducive to the public good that person should continue to be a citizen of India.

CONCEPT OF DUAL CITIZENSHIP

Citizenship is generally defined based on some common factors. One could be a citizen of a country for one or more of the following reasons

"Right of the Soil" - if he was born in the territory (within the borders) of that country "Right of Blood" - If one or both of his parents are citizens of that country. By Marriage - If he is married to a person who is a citizen of that country (this is no

longer an automatic process - he still needs to apply for citizenship) Naturalization - If he obtained citizenship of the country by going through the legal

process of naturalization

As there are various ways to acquire citizenship of a country, it is possible for someone to be considered a citizen under the laws of two or more countries at the same time. This is dual citizenship.

Dual Citizenship is simply being a citizen of two countries. Dual citizens can carry two passports and essentially live, work, and travel freely within their native and naturalized countries. Some countries do not allow dual citizenship. For example, South Korean and American citizenship cannot be carried on hand in hand.

The Indian Parliament passed a Bill to grant Overseas Citizenship of India (OCI) to people of Indian origin in December 2003. The OCI Scheme became operational from Dec 2, 2005. The Constitution of India does not as such allow holding Indian citizenship and citizenship of a foreign country simultaneously. Based on the recommendation of the High Level committee on Indian Diaspora, the Government of India decided to grant Overseas Citizenship of India (OCI) commonly referred to as ‘Dual Citizenship’.

The Indian Government grants an Overseas Citizenship of India (OCI) status under which Persons of Indian Origin (PIO), who have migrated from India and acquired citizenship of a foreign country (other than Pakistan and Bangladesh), are eligible for certain benefits, “as long as their home countries allow dual citizenship in some form or the other under their local laws”. This status is not the same as being a citizen of India – according to the modification issued by the Government of India, such person: 

Does not get an Indian passport. Has no voting rights. Cannot contest elections or be nominated to the Lok Sabha, Rajya Sabha, Legislative

Assembly or Council. Cannot hold constitutional posts such as those of President, Vice President, Judge of

Supreme Court or High Court.

A registration certificate in prescribed format is issued and a multiple entry, multi-purpose OCI ‘U’ visa sticker is pasted on the foreign passport of the applicant. For this purpose, the applicant needs to send the original passport to the Indian Mission/Post after receipt of the acceptance letter/OCI registration certificate.

STATUS OF REFUGEES IN INDIA

India is neither party to the 1951 Convention on Refugees nor the 1967 Protocol. The lack of specific refugee legislation in India has led the government to adopt an ad hoc approach to different refugee influxes. The status of refugees in India is governed mainly by political and administrative decisions rather than any codified model of conduct. The ad hoc nature of the Government’s approach has led to varying treatment of different refugee groups. Some groups are granted full range of benefits including legal residence and the ability to be legally employed, whilst others are criminalized and denied access to basic social resources.

The legal status of refugees in India is governed mainly by the Foreigners Act 1946 and the Citizenship Act 1955. These Acts do not distinguish refugees and apply to all non-citizens equally. Under the Acts it is a criminal offence to be without valid travel or residence documents. These provisions render refugees liable to deportation and detention.

The United Nations High Commissioner for Refugees (UNHCR) is based in New Delhi. Once recognized, Afghan, Burmese, Palestinian and Somali refugees receive protection from the UNHCR. Many refugees receive a small monthly subsistence allowance and all have access to the services provided by the UNHCR’s implementing partners in Delhi: the YMCA, Don Bosco and the Socio-Legal Centre (SLIC). The largest refugee populations in India do not fall under the UNHCR’s mandate, but are nonetheless considered refugees by the government. There are over 1,50,000 Tibetans and 90,000 Sri Lankans who have fled violence and persecution and sought refuge in India. These groups are accommodated and assisted in accessing education, healthcare, employment and residence to varying degrees.

Tibetan Refugees

Following the Chinese incursion in 1951, in 1959, many Tibetans fled to India with a steady flow filtering into India in the years that followed. There are approximately 1,50,000 Tibetan refugees in India.

Legal status

Tibetans who arrived in India in the late 1950s and early 1960s were accorded refugee status by the Indian government despite India not being party to either the 1951 UN Convention Relating to the Status of Refugees or the 1967 Protocol. These Tibetans were issued registration certificates, which must be renewed once or twice a year. Tibetans who were born in India are also eligible to obtain a registration certificate once they are 18 years old.

Although the Indian government continues to allow Tibetans to enter the country, it has not afforded them the same legal status as the first wave of Tibetans. However, some Tibetans who arrived in the second-wave were able to obtain their registration certificates by claiming that they were born in India. Tibetans are given more rights than most other refugee groups in India. They are provided with residence permits, which enable them to seek formal employment. They are the only refugee group to receive travel permits from the Indian government.

Sri Lankan Refugees

The legal status of Sri Lankan refugees in India is officially governed by the Foreigner’s Act 1946 and India's Citizenship Act 1955 which defines all non-citizens who enter without visas to be illegal migrants, with no exception for refugees or asylum seekers. Sri Lankans who are considered to be a threat to national security are deemed to be militants and detained in ‘special camps’ in Chenglepet or Velloreand. Nonetheless, in general the Government of India recognizes Sri Lankans fleeing violence at home to be refugees and accordingly grants them protection.

Bhutanese Refugees

Ethnic Nepalese people started arriving in Bhutan in significant numbers in the early 20th century. By the 1980s they accounted for a quarter of the Bhutanese population. In the mid to late 1980s, the authorities began to view the growing numbers of Hindu Nepalese in Bhutan as a direct threat to Bhutanese ethnic identity. After this time, discriminatory measures were employed to restrict the Nepalese from government service jobs, from obtaining promotions and receiving passports.

Alongside these measures, the government introduced a national campaign to revive traditional culture. Teaching Nepali as a second language in schools was banned and Bhutanese national dress was to be worn at school as well as on official occasions. A census was carried out in the early 1980s which determined the number of Nepalese living in Bhutan. As a result of the census, the Citizenship Act of 1985 was enacted which set out new conditions for citizenship of Bhutan. A great number of Hindu Nepalese became illegal residents overnight. The only way to regain it was to prove their residence in Bhutan for the previous 15 years. As a result, many naturalized citizens lost their status. The Act also allowed for any naturalized citizen to be stripped of his or her status if they had shown, by act or speech, to be ‘disloyal’ to the King, country, or people of Bhutan. This provision has been used frequently to revoke citizenship from Hindu Nepalese under the pretext of ‘disloyalty’.

In response to the protests by the ethnic Nepalese in Bhutan in the south against their deportation and discrimination, the government’s military presence increased. After several raids and bombings, the Bhutanese authority ordered the closure of local Nepalese schools, clinics, and development programs. Many ethnic Nepalese were forcibly evicted and forced to cross the Indian borders into Assam and West Bengal. The Indian states would not accept the expelled Bhutanese and they were forced to move on. Most went through Nepal to go back into India at different entry points, while many stayed in UNHCR refugee camps in Nepal. There are between 30,000(approx.) ethnic Nepalese living in India. For them, obtaining recognition as refugees remains an impossible task.

Legal status

Since 1949, Bhutanese citizens have been permitted to move freely across the Indian border. An open border between India and Nepal and India and Bhutan is provided for by a treaty between the respective states, last updated in February 2007. A reciprocal arrangement between Indian and Bhutan grants its citizens equal treatment and privileges. The right to residence, study, and work are guaranteed without the need for identity papers. For this reason, the Indian government has not acknowledged the ethnic Nepalese Bhutanese who were forced to flee to be refugees, and nor has it provided any sort of assistance. The UNHCR does not carry out status determination for the Bhutanese. This is most likely due to the friendship treaty between the two countries.

Hindu Pakistani Refugees

Roughly 1,15,000 people displaced from Pakistan have arrived in India since 1965. The Indian government does not recognize this group to be refugees and as a result, they are unable to acquire residence permits and find it difficult to gain employment.

The Indian Constitution and the Indian Citizenship Act 1955, however, make specific provision for those who were born or whose parents were born in undivided India to apply for Indian citizenship. The Citizenship Amendment Rules 2004 specifically provide for Pakistanis to apply for citizenship in Gujarat and Rajasthan.

The conditions for citizenship are that the individual must have been continuously resident in India for 5 years, rather than for 12 years as is the case with other foreigners applying for citizenship, and intend to settle permanently in India. As a result of this legislation, the Indian government awarded 13,000 Hindu Pakistanis, Indian citizenship between 2005 and 2006. Once Pakistani refugees have attained citizenship they are afforded the same rights as Indian citizens. The amendment of the Citizenship Act in 2005, however, has drastically increased the fee structure for citizenship application.

Burmese Refugees

Most of the Burmese enter India from the northeast and very few asylum seekers who travel to Delhi are recognized as refugees by the UNHCR. The organization provides the more vulnerable individuals with a small monthly stipend.

In addition to the Burmese who are recognised refugees by the UNHCR, there are also a large number of Burmese asylum seekers living in India. Unlike some other refugee groups, Burmese refugees are granted residence permits to stay in India.

Palestinian Refugees

160 Palestinians are currently seeking refugee status and are the most recent refugee group to arrive in India. The United Nations High Commission for Refugees (UNHCR) in Delhi has recognized some of the Palestinians as refugees and other applications are under consideration. These refugees have not been issued residence permits by the Indian government.

Afghan Refugees

The Indian government does not officially recognize the Afghan community to be refugees. Instead, they are recognised and protected under the UNHCR mandate.

The Indian government has issued most Afghan refugees valid residence permits. This affords them a degree of legal protection, which allows them to stay in the country despite not having valid passports. Attaining residence permits has been more difficult for the newer arrivals in India between 2004-07. Afghan refugees receive a small subsistence allowance for the first six months for the principal applicant and for each dependant. After six months, only the most vulnerable Afghans such as females, the disabled and the elderly, receive this sum. Since the majority of the Afghan community holds resident permits, many Afghans are able to work in the shops and work.

Specific protection issues

Afghan refugees who do not possess residence permits often struggle to support themselves and their families. A large proportion of the Afghan community are widows and single mother workers in the informal sector who work long hours. They are at risk of exploitation and harassment at work and it is reported that Muslim Afghan women are particularly discriminated. The employment of Afghan refugees who do not possess valid resident permits is illegal.

A majority of refugees have shown interest in becoming naturalised Indian citizens. The eligibility requirement is that a refugee must have lived in India for 12 years or have been married to an Indian for seven years.

In addition to these groups India also hosts small numbers of refugees from Sudan, Iraq, Iran Ethiopia and Eritrea amongst others.

CONCLUSION

The concept of Citizenship is gaining more importance especially with regard to Globalisation and Foreign Direct Investment in India. The Overseas Citizens of India have been conferred with certain benefits under the scheme, though not in respect to investment, as of date. But considering the manner in which Indian legal system has opened its arms in many aspects to other countries, its not an impossibility for the Indian economy to soon provide additional rights in terms of investment to the OCIs.

Considering the fact that there are many investors/potential investors who are of Indian origin, it wouldn’t be a bad idea to give additional rights to such people to invest directly in India.

ANNEXURE

THE CITIZENSHIP ACT, 1955

Section 1 - Short title

This Act may be called the Citizenship Act, 1955.

Section 2 – Interpretation

(1) In this Act, unless the context otherwise requires,-

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

'(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;]

[***]

[***]

(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;

[(ee) overseas citizen of India" means a person registered as an overseas citizen of India 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;

[***]

(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 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.

Section 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 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, 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.

Section 4 - Citizenship by descent

(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: 

Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003, 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, 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), any 1[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.

Section 5 - Citizenship by registration

(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 has been residing in India for one year immediately before making an application for registration;

(g)   a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for [one year] 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.

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.];

(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.

[(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.].

Section 6 - Citizenship by naturalization

(1) Where an application is made in the prescribed manner by any person of full age and capacity [ 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 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.

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;

(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;

(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 India;

(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 (thereafter 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 sub-section, 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 Passport 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, for year 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, for year 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).

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 in 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, for year is a citizen of India;

(b) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985, for year 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.

Section 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.

Section 7A - Registration of overseas citizens of India

The Central Government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas citizen of India-

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

(i) who is 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

(ii) who is 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 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 grand-child of such a citizen; or

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

Provided that no person, who 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.].

Section 7B - Conferment of rights on overseas citizens of India

 (1) Notwithstanding anything contained in any other law for the time being in force, an overseas citizen of India 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 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 of 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;

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

(i) for appointment to public services and posts in connection with the 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.

Section 7C - Renunciation of overseas citizenship

(1) If any overseas citizen of India of full age and capacity makes in the prescribed manner a declaration renouncing his overseas citizenship of India, the declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an overseas citizen of India.

 (2) Where a person ceases to be an overseas citizen of India under sub-section (1), every minor child of that person registered as an overseas citizen of India, shall thereupon cease to be an overseas citizen of India.]

Section 7D - Cancellation of registration as overseas citizen of India

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 was obtained by means of fraud, false representation or the concealment of any material fact; or

(b) the overseas citizen of India has shown disaffection towards the Constitution of India as by law established; or

(c) the overseas citizen of India 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 has, within five years after registration under sub-section (1) of section 7A has been sentenced to imprisonment for a term of not less than two years; or

(e) it is necessary so to do in the interest 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.

Section 8 - Renunciation of citizenship

(1) If any citizen of India of full age and capacity, [***], 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 [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 [ in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.

[***]

Section 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  [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.

Section 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 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 sub-section (2) other than clause (e) thereof, of his right, upon making application therefor 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.

Schedule I- THE FIRST SCHEDULE

(Omitted)

Schedule II- 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 fulfil my duties as a citizen of India

Schedule III- THE THIRD SCHEDULE

QUALIFICATIONS FOR NATURALISATION

The qualifications for naturalisation of a person who is not a citizen of a country specified in the First Schedule 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 or that country by naturalisation;

(b) that, if he is a citizen of any country, 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;

(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;

(d) that during the [twelve 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 [nine 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 [thirteen years] before the date of the application to be reckoned in computing the aggregate mentioned in clause (d) above.

Schedule IV - THE FOURTH SCHEDULE

(Omitted)