Citizenship by registration
Section 5 of the Citizenship Act, 1955 deals with citizenship by registration. 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 Consti The Act came into force on 30 Dec 1955.
1[(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;
(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;
(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and 2[is ordinarily resident in India for twelve months] immediately before making an application for registration;
(g) a person of full age and capacity who has been registered as an 3[Overseas Citizen of India Cardholder] for five years, and who 4[is ordinarily resident in India for twelve months] before making an application for registration.
Explanation 1.--For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if--
(i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and
(ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years.
Explanation 2.--For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.]
5[(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks.]
(2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in the Second Schedule.
(3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government.
(4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India.
(5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later.
6[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.].
Section 5, 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.
This section refers to
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.
-
Supriyo @ Supriya Chakraborty vs Union Of India
Court's Decision & Legal Precedent
The Supreme Court held that while there is no fundamental right to marry under the Indian Constitution, LGBTQ+ persons have a constitutional right to enter into abiding cohabitational relationships grounded in Articles 14, 15, 19, 21, and 25. The Special Marriage Act 1954 cannot be read down to permit same-sex marriages due to semantic impossibilities and interconnected gendered provisions. The Court recognized that existing laws create indirect discriminatory impact on queer couples by denying them access to spousal benefits in employment, succession, adoption, and taxation. The Court declined to issue directions for marriage equality, finding such matters require comprehensive parliamentary action. Instead, the Court directed the Union Government to constitute a high-powered committee to examine the discriminatory impact of existing laws and regulations on same-sex couples and recommend appropriate remedies. Transgender persons in heterosexual relationships can marry under existing laws through harmonious interpretation with the Transgender Persons Act.
On this section: Govern citizenship by marriage and as overseas citizen of India; demonstrate need for marriage recognition for cross-border couples
-
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 registration
-
Mahvish Farooq v. Union of India
Court's Decision & Legal Precedent
Where a person born abroad has resided in India since infancy, completed education here and married an Indian citizen, and applies for registration as a citizen under Citizenship Act s.5, the Union must process the s.5 application in accordance with law and may be directed to extend the applicant’s visa pending that decision.
On this section: s.5 — citizenship by registration; duty to process a s.5 application of a long-resident foreign-born applicant with an Indian-citizen parent/spouse
-
Mrs. Sulabha Sharad Bavadekar v. Union of India
Court's Decision & Legal Precedent
A spouse of an Indian citizen who entered India on a valid travel document at a time when no visa/LTV/residential-permit law applied, and who has been ordinarily resident in India for seven years, is not an “illegal migrant” under s.2(c) and cannot be refused registration under Citizenship Act s.5(1)(c) merely for want of a current passport or residential permit; the Central Government must decide the s.5 application afresh without those grounds.
On this section: s.5(1)(c) — citizenship by registration of a person married to a citizen of India and ordinarily resident for seven years; interplay with s.2(c) illegal-migrant bar and Explanations 1–2
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… 6A violates the basic premise of the Constitution and the Citizenship Act in that it permits Citizens who have allegedly not lost their Citizenship of East Pakistan to become deemed Citizens of India, thereby conferring dual Citizenship to such persons; j. Whether section 6A violates the fundamental basis of section 5 (1) proviso and section 5 (2) of the Citizenship Act (as it stood in 1985) in that it permits a class of migrants to become deemed Citizens of India without any reciprocity from Bangladesh and without taking the oath of allegiance to the Indian Constitution; k. Whether the Immigrants (Expulsion from Assam) …
-
… 6A violates the basic premise of the Constitution and the Citizenship Act in that it permits Citizens who have allegedly not lost their Citizenship of East Pakistan to become deemed Citizens of India, thereby conferring dual Citizenship to such persons; j. Whether section 6A violates the fundamental basis of section 5 (1) proviso and section 5 (2) of the Citizenship Act (as it stood in 1985) in that it permits a class of migrants to become deemed Citizens of India without any reciprocity from Bangladesh and without taking the oath of allegiance to the Indian Constitution; k. Whether the Immigrants (Expulsion from Assam) …
-
… 6A violates the basic premise of the Constitution and the Citizenship Act in that it permits Citizens who have allegedly not lost their Citizenship of East Pakistan to become deemed Citizens of India, thereby conferring dual Citizenship to such persons; j. Whether section 6A violates the fundamental basis of section 5 (1) proviso and section 5 (2) of the Citizenship Act (as it stood in 1985) in that it permits a class of migrants to become deemed Citizens of India without any reciprocity from Bangladesh and without taking the oath of allegiance to the Indian Constitution; k. Whether the Immigrants (Expulsion from Assam) …
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.
Another 3 instruments name this provision in its title or its text without being made under it.
Questions about Section 5
What have the courts held on Section 5 of the Citizenship Act?
Supriyo @ Supriya Chakraborty vs Union Of India (17 Oct 2023) is the leading judgment on this section among those set out below: Govern citizenship by marriage and as overseas citizen of India; demonstrate need for marriage recognition for cross-border couples. Another 3 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 1995 to 2023.
How do I find court cases under Section 5 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 5, section 5 Citizenship Act 1955, section 5 of the Citizenship Act. People searching for it also type citizenship act 5 to 11 and citizenship act 5(1). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Supriyo @ Supriya Chakraborty vs Union Of India (17 Oct 2023).
What should I read with Section 5 of the Citizenship Act, and has it changed?
Its own text turns on section 6 (Citizenship by naturalization), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 2: most recently Extension of delegation of power to Grant Citizenship to Seven States & 16 Districts (2018), then Delegation of power to 7 States (2016).
When did Section 5 of the Citizenship Act come into force?
Section 5 of the Citizenship Act, cited as Citizenship Act 1955 5, 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
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.