What is Citizenship by Naturalization?
Naturalisation is the process through which a foreign national voluntarily acquires Indian citizenship after fulfilling certain statutory conditions. It is different from citizenship by birth, descent, registration, or incorporation of territory. The concept acknowledges long-term residence, good conduct, and an individual’s intent to integrate into the Indian community.
The relevant provision, Section 6 of the Citizenship Act, 1955, empowers the Central Government to grant citizenship by naturalisation to any person who satisfies the qualifications set out in the Third Schedule of the said Act.
Citizenship Criteria
According to the Third Schedule, an applicant for naturalisation must fulfil the following key conditions:
- Ordinary residence: The applicant must have resided in India for 12 years, including 11 years in the aggregate and 12 months immediately preceding the application.
- Good character: The applicant must be of good moral character and conduct.
- Knowledge of an Indian language: The applicant should have adequate knowledge of any language specified in the Eighth Schedule of the Constitution.
- Intent to reside in India: The person must intend to reside permanently in India or serve the Indian Government.
- Renunciation of prior citizenship: India does not permit dual citizenship; hence the applicant must renounce the citizenship of their previous country.
It is important to note that the Central Government retains discretionary power to waive some of these requirements if it deems fit, especially in cases involving exceptional service to India or special circumstances.
Procedure for Application
An application for naturalisation must be made in Form XIII under the Citizenship Rules, 2009. It is submitted to the Collector or District Magistrate, who forwards it with recommendations to the Ministry of Home Affairs. The process involves:
- Detailed background verification by the police and intelligence agencies.
- Scrutiny of documents relating to residence, employment, and language proficiency.
- Security clearance before approval.
Once approved, the individual takes an Oath of Allegiance as prescribed in the Second Schedule of the Act, formally becoming an Indian citizen.
Exceptions and Special Provisions
Under Section 6(2), the Central Government may grant citizenship without strictly adhering to the 12-year requirement to individuals who have rendered distinguished service in science, philosophy, art, literature, or human welfare.
A notable example includes cases where foreign nationals married to Indian citizens or those contributing significantly to India’s development have received relaxed terms.
Challenges in the Naturalisation Process
Despite being a legal route, citizenship by naturalisation remains highly discretionary in India. Unlike many countries that provide structured permanent residence systems leading to citizenship, India’s approach is bureaucratic and limited. Applicants often face prolonged processing times, security clearances, and lack of transparency in approvals.
Furthermore, the absence of court intervention in this domain makes the process uncertain — citizenship decisions are largely administrative and based on government satisfaction rather than entitlement.
Conclusion
Citizenship by naturalisation in India represents a careful balance between national security and inclusivity. While it provides a legitimate avenue for long-term residents to integrate fully into Indian society, the framework could benefit from greater clarity, efficiency, and predictability. In a globalising world, reforming India’s naturalisation process could help attract and retain global talent while ensuring alignment with constitutional ideals of equality and justice.
Frequently Asked Questions (FAQs)
1. Under which law can a foreigner apply for Indian Citizenship by Naturalization?
Citizenship is governed by naturalisation by Section 6 of the Citizenship Act, 1955, read with Citizenship Rules, 2009.
2. What is the minimum residence requirement to be eligible for citizenship?
A foreign national must have resided in India for 12 years, including 12 months immediately before making an application before the Central Government.
3. Can a naturalised citizen hold dual citizenship?
No. India does not allow dual citizenship. Applicants must renounce their previous nationality before acquiring Indian citizenship.
4. What is the difference between citizenship by registration and naturalisation?
Registration applies to specific categories such as foreign spouses of Indian citizens or persons of Indian origin. Naturalisation applies to other foreign nationals who meet the residence and conduct requirements.
5. Can the residence requirement be relaxed by the Central Government?
Yes. Under Section 6(2) of the Citizenship Act, 1955, the Central Government may relax the conditions for individuals who have rendered exceptional service to India.
