Answer: D

Acquisition of Citizenship

The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent,
registration, naturalisation and incorporation of territory:

1. By Birth, A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen
of India by birth irrespective of the nationality of his parents.
A person born in India on or after 1st July 1987 is considered as a citizen of India only if either of his
parents is a citizen of India at the time of his birth.
Further, those born in India on or after 3rd December 2004 are considered citizens of India only if
both of their parents are citizens of India or one of whose parents is a citizen of India and the other is
not an illegal migrant at the time of their birth.
The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship
by birth.

2. By Descent, 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 at the time of his birth.
A person born outside India on or after 10th December 1992 is considered as a citizen of India if
either of his parents is a citizen of India at the time of his birth.
From 3rd December 2004 onwards, a person born outside India shall not be a citizen of India by
descent, unless 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. An application, for
registration of the birth of a minor child, to an Indian consulate shall be accompanied by an
undertaking in writing from the parents of such minor child that he or she does not hold the passport of
another country.

3. By Registration, The Central Government may, on an application, register as a citizen of India any
person (not being an illegal migrant) 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;
(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.
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.
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 August, 1947.
All the above categories of persons must take an oath of allegiance before they are registered as
citizens of India. The form of the oath is as follows:
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.

 


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