A person of India origin who is ordinary resident in any country or place outside undivided India is eligible for grant of Indian citizenship by registration under section 5(1) (b) of the Citizenship Act, 1955. Registration under section 5(1) (b) of the Citizenship Act, 1955 is regulated under the provisions of the Citiens (Registration at Indian Consulate) Rules, 1956.
As per the prescribed procedure for grant of Indian citizenship to the persons living abroad, the Consular Officer must make such preliminary enquiry as considered necessary before registering a person. He should satisfy himself on the following:-
(i) The applicant is a person of Indian origin i.e. He, or either of his parents was born in undivided India.
(ii) The applicant has real ties and interest in India i.e. by way of dependents, relatives, property etc. and has the intention of finally settling down in India.
(iii) The applicant has not acquired the citizenship of any other country by his own volition.
(iv) The applicant has not exhibited sympathies toward Pakistan at any time.
(v) His allegiance to Indian is beyond doubt and there is nothing otherwise known which would make it undesirable to confer Indian citizenship to him.
Usually, the persons living abroad are not able to submit supporting documents along with the application for grant of Indian citizenship. The Ministry of Home Affairs has received 15 application under section 5 (1) (b) of the Citizenship Act, 1955 during the period 2009 to 2011. No such foreigner has been granted Indian citizenship under section 5 (1) (b).
The central data about number of persons residing abroad on long permit is not maintained. This was stated by Shri Mullappally Ramachandran Minister of State for Home Affairs in written reply to a question in the Rajya Sabha.
Indian Citizenship under Citizenship Act, 1955 requires “that the applicant is a person of Indian origin i.e. He, or either of his parents was born in undivided India”.
The Citizenship Amendment Act 2019 is amendment to the above and does not remove the above requirement. So why all the opposition if the requirement of “He, or either of his parents was born in undivided India”