CITIZENSHIP (AMENDMENT) ACT, 2003
(1) This Act may be called the Citizenship (Amendment) Act, 2003.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.
In section 2 of the Citizenship Act, 1955(57 of 1955) (hereinafter referred to as the principal Act), in sub-section (1),--
(i) for clauses (b) and (c) and the proviso to clause (c), the following clause shall be substituted, namely:--
'(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;
(ii) after clause (e), the following clause shall be
For section 3 of the principal Act, the following section shall be substituted, namely:--
"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 ille
In section 4 of the principal Act, for sub-section (1), the following sub-sections shall be substituted, namely:--
"(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 y
In section 5 of the principal Act,--
(a) for sub-section (1), the following shall be substituted, namely:--
"(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;
&nb
In section 6 of the principal Act, in sub-section (1), for the words "who is not a citizen of a country specified in the First Schedule", the words "not being an illegal migrant" shall be substituted.
After section 7 of the principal Act, the following heading and sections shall be inserted, namely:--
'OVERSEAS CITIZENSHIP
7A. Registration of overseas citizens.--
(1) The Central Government may, subject to such conditions and restrictions including the condition of reciprocity as may be prescribed, on an application made in this behalf, register any person as an overseas citizen of India if--
(a) that person is of Indian origin of full age and capacity who is a citizen of a specified country; or
(b) that person is of full age and capacity who has obtained the citizenship of a specified country on or after the commencement of the Citizenship (Amendment) Act, 2003 and who was a citizen of India immediate
In section 8 of the principal Act,--
(a) in sub-section (1), the words "who is also a citizen or national of another country" shall be omitted;
(b) in the proviso to sub-section (2), after the word "declaration", the words "in the prescribed form and manner" shall be inserted;
(c) sub-section (3) shall be omitted.
In section 9 of the principal Act, in sub-section (2), for the word "person", the words "citizen of India" shall be substituted.
Sections 11 and 12 of the principal Act shall be omitted.
In section 14 of the principal Act, for the words and figures "sections 5 and 6", the words, figures and letter "sections 5, 6 and 7A" shall be substituted.
After section 14 of the principal Act, the following section shall be inserted, namely:--
"14A. Issue of national identity cards. (1) The Central Government may compulsorily register every citizen of India and issue national identity card to him.
(2) The Central Government may maintain a National Register of Indian Citizens and for that purpose establish a National Registration Authority.
(3) On and from the date of commencement of the Citizenship (Amendment) Act, 2003., the Registrar General, India, appointed under sub-section (1) of section 3 of the Registration of Births and Deaths Act, 1969(18 of 1969) shall act as the National Registration Authority and he shall function as the Registrar General of Citizen Registration.
(4) The Central Governme
After section 15 of the principal Act, the following section shall be inserted, namely:--
"15A. Review. (1) Any person aggrieved by an order made by the Central Government, may, within thirty days from the date of such order, make an application for review of such order:
Provided that the Central Government may entertain an application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time:
Provided further that an application for a review of an order passed in terms of the provisions of section 14A shall be disposed of in the manner provided for in the procedure as may be laid down under clause (ia) of sub-section (2) of section 18.
(2) On recei
In section 17 of the principal Act,--
(a) for the words "six months", the words "five years" shall be substituted;
(b) for the words "with fine", the words "with fine which may extend to fifty thousand rupees" shall be substituted.
In section 18 of the principal Act,--
(i) in sub-section (2),--
(a) after clause (a), the following clause shall be inserted, namely:--
"(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;";
(b) after clause (i), the following clause shall be inserted, namely:--
"(ia) the procedure to be followed in compulsory registration of the citizens of India under sub-section (5) of section 14A;";
(ii) in sub-section (3), the following proviso shall be inserted, namely:--
"Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that
The First Schedule to the principal Act shall be omitted.
For the Second Schedule to the principal Act, the following Schedule shall be substituted, namely:--
"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.".
In the Third Schedule to the principal Act,--
(a) in the opening portion, the words "who is not a citizen of a country specified in the First Schedule" shall be omitted;
(b) in clause (b), for the words "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", the words "he undertakes to renounce the citizenship of that country in the event of his application for Indian citizenship being accepted" shall be substituted;
(c) in clause (d),--
(i) for the words "twelve years", the words "fourteen years" shall be substituted;
(ii) for the words "nine years", the words "eleven years" shall be substi
After the Third Schedule to the principal Act, the following Schedule shall be inserted, namely:--
"THE FOURTH SCHEDULE
[See section 2(1)(gg)]
1. Australia.
2. Canada.
3. Finland.
4. France.
5. Greece.
6. Ireland.
7. Israel.
8. Italy.
9. Netherlands.
10. New Zealand.
11. Portugal.
12. Republic of Cyprus.
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