Renunciation of citizenship
Section 8 of the Citizenship Act, 1955 deals with renunciation of citizenship. If any citizen of India of full age and capacity, 1* * *, makes in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority; The Act came into force on 30 Dec 1955.
(1) If any citizen of India of full age and capacity, 1* * *, makes in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India:
Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs.
(2) Where 2[a person] ceases to be a citizen of India under sub-section (1), every minor child of that person shall thereupon cease to be a citizen of India:
Provided that any such child may, within one year after attaining full age, make a declaration 3[in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.
4* * * * *
Section 8, 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.
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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: Termination of citizenship; Court held that if question arises whether person has acquired citizenship of another country, it must be determined by prescribed authority with proper procedure
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
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 8
What have the courts held on Section 8 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: Termination of citizenship; Court held that if question arises whether person has acquired citizenship of another country, it must be determined by prescribed authority with proper procedure.
How do I find court cases under Section 8 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 8, section 8 Citizenship Act 1955, section 8 of the Citizenship Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995).
What should I read with Section 8 of the Citizenship Act, and has it changed?
1 other provision in this corpus refers back to it. 4 instruments name it without being made under it, most recently Citizenship Amendment Rules 2018 (2018), then Citizenship Rule-2009 (2009).
When did Section 8 of the Citizenship Act come into force?
Section 8 of the Citizenship Act, cited as Citizenship Act 1955 8, 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 19 Oct 2026. This page is not a substitute for legal advice.