Citizenship in India

Citizenship is the legal status given to a citizen of a particular country, which is granted by the Government. The rights that citizens of India have differ from non-citizens. For example, only citizens of India can contest in elections, (( Election Commission of India, FAQs, Contesting for Elections, Q.1., https://eci.gov.in/faqs/page/2/; Mr. Louis De Raedt & Ors. v. Union of India & Others, 1991 SCR (3) 149))), etc.

Proof of Citizenship

In India, the government has not mandated that citizens should hold any particular document to be regarded as Indian citizens, except in Assam. Indian citizens may choose which proof(s) of identification they want to acquire, based on the services that card/document provides. For instance, one must have a PAN Card to be able to file income tax returns or a Voter ID Card to vote in elections, but the government does not mandatorily require you to possess any of these proofs of identification.

However, please note that no proof of identification, such as Aadhar, Passport, is a conclusive proof of citizenship in India.

Acquiring Indian Citizenship

Under the law, you are considered an Indian citizen if you are born in India and fall in one of the 3 categories below: (( Section 3, Citizenship Act, 1955))

  • If you were born between 26th January 1950 to 1st July 1987: You are a citizen irrespective of the nationality of your parents.
  • If you were born between 1st July 1987 to 3rd December 2004:  One of your parents should have been an Indian citizen when you are born
  • If you were born on or after 3rd December 2004: Both your parents must be  Indian citizens; or if only one of your parents is a citizen, then the other is not an illegal immigrant

There are three other procedures that can be followed to become an Indian citizen i.e. by descent,(( Section 4, Citizenship Act, 1955)) naturalization(( Section 6, Citizenship Act, 1955)) and registration.(( Section 5, Citizenship Act, 1955)) Through these, you can also acquire Indian citizenship if you were born outside India in certain cases. Indian residents and others, who are not citizens by birth, can apply for Indian citizenship.  For more information, click here.

Termination of Indian Citizenship

Your status as an Indian citizen can be terminated if:

  • You give up your Indian citizenship.(( Section 8(1), Citizenship Act, 1955))
  • You voluntarily acquire the citizenship of another country.(( Section 9(1), Citizenship Act, 1955))

Furthermore,  if you are not born as an Indian citizen and have acquired citizenship by naturalisation or registration under certain circumstances, then the Government  may deprive you of your status as an Indian citizen:

  • If you show yourself to be disloyal towards the Constitution of India,(( Section 10(2)(b), Citizenship Act, 1955))
  • If your citizenship  was obtained fraudulently, by false representation or by not revealing crucial facts,(( Section 10(2)(a), Citizenship Act, 1955)) etc.
  • If, during any war India is engaged in, you have unlawfully traded or communicated with an enemy, or knowingly associated with any business assisting the enemy,(( Section 10(2)(c), Citizenship Act, 1955))
  • If you were sentenced to jail in any country for at least 2 years, within 5 years of being registered/naturalized as an Indian citizen,(( Section 10(2)(d), Citizenship Act, 1955))
  • If you have been residing out of India for more than 7 years continuously, without being enrolled in any educational institute in that country,or in the service of Government of India, or an international organization of which India is a member. Your citizenship may also be deprived if, during this time,  you have not demonstrated your intention to be an Indian citizen through the prescribed requirements.(( Section 10(2)(e), Citizenship Act, 1955))

Read this government resource to know more

Getting Identification Proof (ID Proof)

In India, getting proof of identification is of paramount importance since an ID proof contains your personal details, which are useful for authorities to determine and verify your identity. ID proofs serve various purposes including:

  • Government Benefits: ID proofs, such as Ration Cards, enable you to apply for and receive government benefits, such as food at subsidized prices, etc.
  • Proof of Age and Proof of Residence: Various ID proofs serve as proof of address and proof of age, required for day-to-day activities. For instance, a PAN Card can be used for  opening a bank account. 
  • Photo Identity: Various ID proofs serve as a proof of photo identity. For example, when you enter an airport, you need to give a photo identity card, such as your Driving License which helps cross-check your picture.
  • Utilizing Government Services: ID proofs also allow you to enjoy certain things, like driving a car, riding a motorcycle, etc. For example, a Passport allows you to travel internationally.

You should try to get at least one proof of identification, as it will simplify the process of getting other ID proofs. Please note that there is no proof of citizenship in India. Your identification proofs and documents are only used as a proof for authenticating and verifying who you are.

Types of ID Proofs

The Government of India issues multiple identification documents. The most commonly used identification cards/documents are:

For a full list of documents accepted as proof of identification, see here.

Read this government resource to know more

Changing Your Name

To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette. You can choose to publish it in the Central Gazette if you want to apply for any higher studies abroad, visa applications, passport application, etc. If you choose to publish it in the State Gazette, then it will only be published within your State but you can use this to update/obtain many identification documents, change your name in school certificates, etc. Follow the steps given below to change your name:

Step 1: Make an Affidavit/Undertaking

You will have to make the documents given below depending on where you want to publish your new name:

  • Affidavit (for both State and Central Gazette)
  • Undertaking (for the Central Gazette)

An affidavit/undertaking are documents which contain facts written by you such as your desired new name. For example, you can use the affidavit/undertaking not only while changing your name but also while getting an Aadhar card, opening a bank account, getting a SIM Card, etc.

Step 2: Go to a Notary or Oath Commissioner

Find the nearest/local Notary or Oath Commissioner who will verify your affidavit/undertaking. Your document will be stamped after which it will be a valid legal document. You will have to pay a fee for this service.

Step 3: Advertise your new name in a Newspaper

You will have to approach two local leading newspapers in your state (one in your regional language and one in English) and request them to publish your new name after showing the verified affidavit. You will have to pay a fee to the newspapers to publish the advertisement.

Step 4: Publish it in the Central or State Gazette

You will have to publish your name either in a State Gazette (within your state) or the Central Gazette (national level).

 State Gazette

You must approach the Government Press of your respective state, fill up the respective form given by them and pay the prescribed fees.

Central Gazette 

If you want to publish your name in the Central Gazette, you will have to send it to the address “Department of Publications, Civil Lines, New Delhi-54” with the following:

  • Your verified Affidavit and Undertaking.
  • Advertisement clipping of the original newspaper.
  • Self attested ID proof and 2 self attested passport photos.
  • Copy of proforma with signatures by you and 2 witnesses.
  • CD copy of proforma with your typed name (excluding witnesses and signatures).
  • A certificate signed by you declaring therein that the contents of hard copy and soft copy are similar.
  • Request letter along with a fee.

Step 5: Proof of Name Change

Both the Central and State Gazette take a lot of time to publish names. You should search for your name in your respective State Gazette website. For the Central Gazette,  follow these steps:

  • Go to the Central Gazette page and click on ‘Search Gazette’
  • Add the category ‘Weekly Gazette’ and press search.
  • Select ‘Part IV’
  • Add in the dates
  • in the “keyword” section, add your new name.
  • Click on the results generated, and
  • Download the relevant file and this downloaded copy can be used as proof.

Proof of Residence

To issue different government kinds of proof of identification, you will have to submit a proof of residence, which may indicate your permanent address or your communication address. For the kind of proof of identification you are applying for or updating, you can use any document from the list given below:

Aadhar Card, PAN Card, Passport

  • Bank/Post Office Statement/Passbook
  • Depending on which you are applying for, you can use the other two options between Passport, PAN Card and Aadhar. For example, if you are applying for an Aadhar card, you can use either your PAN Card or your Passport as residence proof.
  • Ration Card, Voter ID, Driving License
  • Insurance Policy
  • Disability ID Card/Handicapped Medical Certificate
  • Property Tax Receipt (not older than 1 year)
  • Any of the following documents, not older than 3 months:
    • Electricity Bill
    • Water Bill
    • Telephone Landline Bill
    • Credit Card Statement
    • Gas Connection Bill

Refer here for a complete list for residence proofs for Aadhar, PAN Card and Passport.

Voter ID

  • Bank/Kisan/Post Office Passbook
  • Ration Card, Passport, Driving License
  • Income Tax Return/Assessment Order
  • Latest Water/Telephone/Electricity/Gas Connection Bill for that address, either in the name of the applicant/his immediate relations like parents, etc.
  • Postal Department’s post received/delivered in the applicant’s name at the given address.

Driving License

  • Ration Card, Voter ID Card
  • Life Insurance Policy
  • Payslip issued by any office in the Central/State Government or a local body
  • Post Office/Bank Passbook (indicating residential address)
  • House Tax Receipt, Marriage Certificate, Income Tax Returns

For a complete list for residence proofs for Driving License refer here.

Ration Card

Different states have different requirements with respect to the proof of residence required while obtaining a Ration Card. However, some of the common documents accepted are(( IndiaGov Archive, Apply for Ration Card:Delhi, FAQs, https://archive.india.gov.in/howdo/service_detail.php?formid=50&service=7)):

  • If you are the owner of a house: Registration deed, allotment letter, power of attorney, house tax receipt etc.
  • If you are the tenant: NOC of landlord, Rent Agreement etc.

Read this government resource to know more

Complaints/Help and Support for updating identity documents

Given below are the portals and helpline numbers you can use to file complaints, address grievances, make enquiries and ask for help and support.

Aadhar Card

Grievances associated with Aadhaar are received through the UIDAI Contact Centre, Post, Public Grievance Portal of the Government, and E-mail. Read more here. You can check your complaint status here.

PAN Card

Complaints/queries regarding PAN can be registered here. Alternatively, you may call the PAN Centre on 020-2721 8080 or send an email to tininfo@nsdl.co.in.

Ration Card

You can call the helpline number 1967 by the Department of Food and Public Distribution.

Apart from this, since the issue of Ration Cards is governed by the State Governments, each state has a different grievance redressal system. Given below are the complaint portals for three states of India:

  • Delhi: To lodge a complaint, visit this website, and click on “Grievance Redressal portal”, which will redirect you to another page where you can lodge a grievance or view the status of your complaint. When you click on “Lodge your Grievance”, you will be taken to a page where you can describe your issue, upload supporting documents, etc. Here, in the section of “Department Concerned”, you should choose “Food Supplies and Consumer Affairs”. After you fill in all the sections, click on “Submit”, and your complaint will be lodged.  You can also call on the helpline numbers 1967 and 1800110841 for inquiries and support.
  • Maharashtra: To lodge a complaint, visit this website, which will allow you to you lodge a grievance or view the status of your complaint. To lodge a complaint, click on “Post Grievance”, which will redirect you to a page where you will be required to fill in your mobile number and/or email address, and an OTP will be sent to your registered mobile number and/or email address. Once your details have been authenticated, you will be taken to a page where you can fill in your personal details, the description of your complaint, etc. In the section of “Level of Administration”, you should choose “District”. You will be able to preview the form, and submit it. 
  • Karnataka: According to the regulations of the state, you can lodge a complaint by calling the number 8022220579, or emailing at  digr.admin@karnataka.gov.in. For more information, please see here.

Passport

For any issues related to obtaining or updating your Passport, you can visit this website, which will allow you to register your grievance. You will have to fill in your personal details, reference number, if any, the relevant PSK, etc. Once you have filled in all the required details, click on “Submit”. You can also track the status of your complaint here.

Voter ID Card

The fastest way to lodge your grievance is by visiting the online portal of the ECI. You can lodge both Election and Non-Election Related Complaints. After logging in and lodging the complaint, you will get an acknowledgement with an ID and can track the status of your complaint. Visit the National Grievances Service portal here.

You can lodge the grievance by downloading and using the mobile Voter Helpline App, which can also be used to verify your name in the Electoral Roll.

You can also call the Voter Helpline at 1950 (Please add your STD code before 1950) or visit the Voter Facilitation Centre.

Driving License and Learner’s License

As the issue of Driving License/Learner’s License is governed by the State Governments, each state has a different grievance redressal system. Given below are the complaint systems for three states of India:

  • Delhi: In case of any complaint, you can call the Grievance Redressal Officer for licenses. The number is 23960497. You can also call on the helpline number, which is 9311900800.
  • Maharashtra: To lodge a complaint, visit this website, which will allow you to you lodge a grievance or view the status of your complaint. To lodge a complaint, click on “Post Grievance”, which will redirect you to a page where you will be required to fill in your mobile number and/or email address, and an OTP will be sent to your registered mobile number and/or email address. Once your details have been authenticated, you will be taken to a page where you can fill in your personal details, the description of your complaint, etc. In the section of “Level of Administration”, you should choose “District”. You will be able to preview the form, and submit it.
  • Karnataka: According to the regulations of the state, you can lodge a complaint by calling the number 8022220579, or emailing at  digr.admin@karnataka.gov.in. For more information, please see here

Proof of Age

To issue different kinds of government proof of identification, you will have to submit a document for proof of age. For the kind of proof of identification you are applying for or updating, you can use any document from the list given below:

Aadhar Card, PAN Card and Passport

  • Birth Certificate
  • Voter ID
  • Depending on which you are applying for, you can use the other two options between Passport, PAN Card and Aadhar. For example, if you are applying for an Aadhar card, you can use either your PAN Card or your Passport as age proof.
  • PAN Card
  • Marksheet issued by any government board/recognized university
  • Photo ID including DOB issued by recognized educational institution

Refer here for a complete list for age proofs for Aadhar, PAN Card and Passport.

Voter ID(( Election Commission of India, From 6 – Application for inclusion of name in Electoral Roll, https://archive.india.gov.in/howdo/service_detail.php?formid=50&service=7))

  • Birth Certificate
  • Birth Certificate from the recognized school last attended by the applicant/any recognized educational institution
  • Class 10/12 Marksheet (if you have passed the grade)
  • Class 8 Marksheet (if it contains date of birth)
  • Class 5 Marksheet (if it contains date of birth)
  • A declaration in the prescribed format made by either of his parents if the person is not educated till class 10 (in those cases where parent has verified himself before BLO/ERO/AERO); or
  • A certificate of your age given by a sarpanch of the concerned Gram Panchayat/member of the concerned Municipal Corporation/Municipal Committee (if the person is not educated till class 10 and both parents are dead)
  • Any other government document showing age, e.g. Passport.

Driving License

  • School Certificate
  • Passport
  • Birth Certificate
  • Certificate from Central/State Government or a local body
  • Voter ID
  • PAN Card
  • Tax Card
  • Other authentic proof acceptable by M.L.O.

Read this government resource to know more