Theme: Identity Documents

What is the National Register of Citizens (NRC)?

The NRC (National Register of Citizens) is a register maintained by the Government of India containing personal information such as name, age and other information for identification of Indian citizens. The register has only been implemented in Assam, so far, where it is termed National Register of Citizens (NRC). 

For more information on the NRC, please see here.

When can I be disqualified from holding a Driving License?

Your application for a DL can be refused, you can be disqualified or your license revoked for any of the following reasons::

  • You are a habitual criminal or drunkard.
  • You are addicted to any drugs. 
  • You have used your motor vehicle to commit an offence or crime. For example theft of a motor vehicle etc.
  • You have shown by previous conduct that your driving can pose a danger or nuisance to the public. For example, theft of a motor vehicle, assaulting passengers, over-speeding, etc. 
  • You have obtained your license by fraud.
  • You are a minor person and were holding a license with the consent of a major person, but have ceased to be in his care.
  • You have not passed the driving test conducted by the RTO/RTA. 
  • You have committed any offence with a motor vehicle, and a Court has disqualified you, except for offences related to over-speeding when committed for the third time can lead to disqualification.
  • Your license has been revoked at any time in the past. If your license has been revoked, you must surrender your license to the authority which revoked it.

When can my Passport be revoked or impounded?

Your Passport may be impounded or revoked on any of the following grounds:

  • If you are holding the Passport wrongfully
  • If you obtained the Passport fraudulently by provision of incorrect information. In such a case, if you obtain another Passport, that Passport will also be impounded/revoked. 
  • If the Passport authority deems it necessary revoke/impound your Passport  the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public
  • If you have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, at any time after the issue of the Passport
  • You have committed an offence and criminal proceedings are pending before a Court,
  • If you have breached any of the conditions of the Passport 
  • If you have failed to surrender your Passport after the Passport authority has cancelled your endorsement 
  • If a warrant or summons for the appearance, or a warrant for the arrest, of you has been issued by a court under any law 
  • If a Court has passed an order prohibiting your departure from India.

When do I need to surrender my Passport?

You must surrender your Passport in the following circumstances:

  • You have been repatriated at the expense of the Government of India. In such a case, you must apply for an Emergency Certificate to return to India, which also must be surrendered on return.
  • You have taken the citizenship of another country. 
  • Your Passport has been revoked or impounded.

What happens if I fail my driving test?

The driving test certifies your ability to safely drive and handle a motor vehicle. If you fail the test, you can take it again after 7 days. If you fail your driving test 3 times, you cannot take it again for the next 60 days from the date of your last test. This may vary across states.

When can my application for passport be refused?

Your application for a Passport may be refused on the following grounds:

  • You are not a citizen of India,
  • You may, or are likely to, negatively impact the sovereignty or integrity of India, outside the country, or your presence outside India may be detrimental to friendly relations between India and other countries, or your departure from India may, or is likely to, be detrimental to the security of India, 
  • You have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, within 5 years of making this application, 
  • You have committed an offence and criminal proceedings are pending before a Court,
  • A Court has issued a warrant or summons for the appearance, or a warrant for the arrest, with respect to you under any law, 
  • A Court has passed an order prohibiting your departure from India. 
  • You have been repatriated and have not reimbursed the expenditure incurred, 
  • Issuing you a Passport will not be in public interest, in the opinion of the Central Government of India.

What happens to the citizenship of my children if I renounce my Indian citizenship?

If you give up your Indian citizenship, any minor children (i.e. any children that you have who are below the age of 18) that you have will also cease to be Indian citizens.(( Section 8(2), Citizenship Act, 1955)) However, if the citizenship of your minor children is revoked, he may, within one year of turning 18 years old, make a declaration that he wishes to be an Indian citizen, and his Indian citizenship shall be resumed. However, if your children are majors, they will continue to be Indian citizens.

Can there be dual citizenship in India under any circumstances?

No, there is no provision in India for acquiring dual citizenship. You have to renounce your citizenship, and surrender your Indian Passport,(( Section 9, Citizenship Act, 1955)) before taking another country’s citizenship, and failure to do so is an offence. For example,  you cannot hold an Indian Passport and an American passport at the same time.

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