Indian nationality law

Indian nationality law details the conditions by which a person holds Indian nationality. The two primary pieces of legislation governing these requirements are the Constitution of the Republic of India and the Citizenship Act, 1955.

All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth regardless of the nationalities of their parents. Between 1 July 1987 and 3 December 2004, citizenship by birth was granted if at least one parent was a citizen. Individuals born in the country since then receive Indian citizenship at birth only if both parents are Indian citizens, or if one parent is a citizen and the other is not considered an illegal migrant.

Foreigners may become Indian citizens by naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities. Members of certain religious minority communities from neighbouring countries qualify for a reduced residence requirement of six years. Indian citizens who permanently settle in Pakistan or Bangladesh, or voluntarily acquire foreign citizenship automatically lose Indian citizenship. Dual citizenship is allowed in certain cases of minor children.

India was previously ruled by the British Empire and local residents were British subjects and British protected persons. Although India gained independence in 1947 and Indians no longer hold British nationality, they continue to have favoured status when residing in the United Kingdom; as Commonwealth citizens, Indians are eligible to vote in UK elections and serve in public office there. Indian citizens also enjoy free movement rights in Nepal through bilateral agreement.

The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a nation state and is the common term used in international treaties when referring to members of a state; citizenship refers to the set of rights and duties a person has in that nation.

In general discourse within the Indian context, the two terms are used interchangeably. However, the Supreme Court provides a more precise definition applicable in Indian law; citizenship is a legal status that can only be held by natural persons and determines the civil and political rights a person may exercise, while nationality is a status that can apply to both natural and juridical persons that determines the rights that entity has in the context of international law.

The East India Company was founded by royal charter in 1600 and granted a monopoly on all English trade with Asia. Over the course of the 17th century, the company secured a strong commercial presence in the Indian subcontinent through trade in indigo dye, saltpeter, and Indian textiles. Operations became more lucrative as the Mughal Empire entered into decline in the 18th century, giving the company opportunity to gain further advantages by intervening in regional politics. The vast financial resources of the firm and its superior military enabled it to defeat rival European trade companies and become the dominant power in India. The company itself ruled as the direct governing body from 1757 to 1858, though sovereignty was often shared with the Crown. Although legislation was enacted referencing British subjects in India, no comprehensive nationality statute existed to define which persons were subjects, leaving the status of native Indians ambiguous throughout this period.

Legislation passed in 1852 allowed foreigners residing in territory governed by the East India Company to naturalise as British subjects by application to the government. There was no minimum residence requirement and candidates simply needed approval from a relevant official. The oath of allegiance administered to successful applicants required them to swear loyal service to the company, as well as allegiance to the British monarch.