India: Information on whether a person born in India in 1942 could acquire citizenship by virtue of being born there
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 August 1997 |
| Citation / Document Symbol | IND27496.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, India: Information on whether a person born in India in 1942 could acquire citizenship by virtue of being born there, 1 August 1997, IND27496.E, available at: https://www.refworld.org/docid/3ae6ad0520.html [accessed 20 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to article 5 of the Constitution of India, 1949, which went into force on 26 November 1949, "at the commencement of this Constitution every person who has his domicile in the territory of India and(a) who was born in the territory of India; ... shall be a citizen of India." Article 6 of the Indian constitution discusses the citizenship rights of people who migrated from Pakistan to India and those who migrated from India to Pakistan. Article 9 of the Indian constitution states that "no person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State."
For additional information on the subject of citizenship, please consult the following attachments: The Constitution of India, 1949; The Citizenship Act, 1955, which went into effect 30 December 1955 and includes amendments up to and including 1957, in particular the sections entitled "Acquisition of Citizenship" and "Termination of Citizenship"; the copy of the Indian Citizenship Act sent to the DIRB by the High Commission for the Republic of India in Ottawa; and the July 1991 article "Recent Changes in the Citizenship Law of India" by Werner F. Menski. A clearer copy of the legislation sent by the High Commission could not be obtained by the DIRB.
More specific information on the acquisition of Indian citizenship cannot be provided without a more specific request.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Reference
India. 26 November 1949. The Constitution of India. (UNHCR/REFLEG).
Attachments
High Commission for the Republic of India, Ottawa. 12 July 1995. Copy of the Indian Citizenship Act, pp. 29-46.
Immigration and Nationality Law & Practice [London]. July 1991. Vol. 5, No. 3. Werner F. Menski. "Recent Changes in the Citizenship Law of India," pp. 83-87.
India. 1992. The Citizenship Act, 1955. Includes amendments up to 1992. (UNHCR/REFLEG), pp. 1-12.
India. 26 November 1949. The Constitution of India. (UNHCR/REFLEG), pp. 1-2.
