Citizenship by birth
Section 3 of the Citizenship Act, 1955 deals with citizenship by birth. [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; The Act came into force on 30 Dec 1955.
1[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 (6 of 2004) 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 (6 of 2004), 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 illegal migrant at the time of his birth,
shall be a citizen of India by birth.
(2) A person shall not be a citizen of India by virtue of this section if at the time of his birth―
(a) either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or
(b) his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.]
Section 3, The Citizenship Act, 1955 (Act 57 of 1955).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Lal Babu Hussein vs Electoral Registration Officer
Court's Decision & Legal Precedent
When determining citizenship for electoral roll purposes, the authority must follow quasi-judicial procedure with full disclosure of material basis for suspicion, reasonable opportunity for affected person to be heard and rebut evidence, independent application of mind by the officer, and issuance of speaking order with reasons. Previous inclusion in electoral roll creates presumption of regularity and adequate probative value must be attached to it. All evidence, documentary or otherwise, must be entertained and assessed on merits. Mass verification exercises based on undisclosed police reports without individual inquiry violate principles of natural justice and are invalid.
On this section: Citizenship by birth; Court examined provisions relating to acquisition of citizenship
-
Chaitanya S. Nair (minor) v. Union of India
Court's Decision & Legal Precedent
Final Order order-1.pdf 2022-03-08 DATE VERIFIED C.R. (Bechu Kurian Thomas J.). Minor born in India with Indian-citizen father is citizen by birth under Citizenship Act s.3(1)(c)(ii) despite American-citizen mother/OCI; passport cannot be refused on that ground; distinguishes renunciation (s.8) from termination (s.9). Map Citizenship 3.
On this section: s.3(1)(c)(ii) citizenship by birth where one parent is Indian citizen — foreign-citizen mother does not defeat passport.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- Issuance of OCI Card to the Netherlands nationals of Indian origin (Suriname Hindustani Community) who are fifth and sixth generation of descendants of Indians who were taken to Suriname as indentured labor during British colonial ruleOrder 2019
- Delegation of Power to Head of Mission in MauritiusOrder 2017
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 3
What have the courts held on Section 3 of the Citizenship Act?
Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995) is the leading judgment on this section among those set out below: Citizenship by birth; Court examined provisions relating to acquisition of citizenship. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 1995 to 2022.
How do I find court cases under Section 3 of the Citizenship Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Citizenship Act 1955 3, section 3 Citizenship Act 1955, section 3 of the Citizenship Act. People searching for it also type citizenship act 3 1 )( b and citizenship act 3(1)(g). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995).
What should I read with Section 3 of the Citizenship Act, and has it changed?
1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 2: most recently Issuance of OCI Card to the Netherlands nationals of Indian origin (Suriname Hindustani Community) who are fifth and sixth generation of descendants of Indians who were taken to Suriname as indentured labor during British colonial rule (2019), then Delegation of Power to Head of Mission in Mauritius (2017).
When did Section 3 of the Citizenship Act come into force?
Section 3 of the Citizenship Act, cited as Citizenship Act 1955 3, came into force on 30 Dec 1955, having been enacted on 30 Dec 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 6A. Special provisions as to citizenship of persons covered by the Assam Accord990 words
- 18. Power to make rules681 words
- 5. Citizenship by registration638 words
- 10. Deprivation of citizenship554 words
- 4. Citizenship by descent523 words
- 2. Interpretation520 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.