• Citizenship eligibility in case of no documentary evidence

My friend born in Guwahati, Assam, India in 1982 but his Birth Certificate issue date is 2016. He has done schooling upto 10th Standard in India. He presently has voter ID, PAN, Bank A/C etc in his name. He married to Indian citizen in 2010 and Registered their marriage in court in 2015. Both have a girl child of appx 6 years now. However, his parents do not have any documents to prove their Indian citizenship. His parents haves their names in Assam Voter list in the year 1992-93 and onward.

Currently Assam Govt is updating National Register of Citizens (NRC) and as per sec 6A of the Citizenship Act, any person who donot have documentary evidence of their presence in Assam before 25 March 1971, will be treated as Foreigner and have to be Deported from India.

Kindly advice on the following questions:
1. How can my friend claim his citizenship in Assam since he do not have any documents prior to 25 March 1971.
2. What is the provision of Citizenship in regards to marrying an Indian Woman.
3. What will be the citizenship status of their girl chils born in India in the 2011.
Asked 8 years ago in Constitutional Law

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6 Answers

Hello,

The confusion as posed by you is irrational as you have your name listed in the voter list and as well as the name of your parents was there in the voter list. You happen to be the citizen of India, irrespective of the fact that the birth certificate was issued to you recently.

Following is the law in brief:

Citizenship by birth. Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth.

You have enough documents to show that you are Indian and since you are Indian then the child that has been born to you is also Indian.

Let me know if there is any confusion or you seek further assistance.

Regards and Happy Diwali.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

section 5(1) (c) of citizenship act provides that a person can be regsitered as indian citizen if such a person is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

2) for making an application for registration under section 5(1) (c) applicant has to fill in Form 111 under rule 5(1 )(a)of citizenship rules . if applicant has in preceding 12 months continoulsy resided in india the said period would be taken into account . further in last 8 years preceding 12 months if applicant has resided in inid for not less than 6 years said period would be taken into account . if you fulfill the criteria laid down under section 5(1)(c) and rules frmaed thereunder you would be eligibale for making an application for registeration .

3) girl child would be regarded as Indian citizen

Ajay Sethi
Advocate, Mumbai
99770 Answers
8145 Consultations

As per the citizenship act, any person born in India on or after 26th January 1950 but prior to commencement of the said act, i.e., 1st of July 1987, shall be a citizen of India by Birth.

Thus, you're an Indian by birth and the fact that you were issue birth certificate in 2016, does not alters your Indian citizenship. This, also holds ground because your name is in the voter list.

Your daughter too would be considered an Indian Citizen.

All the documents mentioned by you are sufficient to establish your Indian citizenship.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

If the foreign tribunal in future serves you with a legal notice to show cause that you are an Indian Citizen then at that time you can appear before the tribunal and show all these documents as available with you and apart from this you may also show Panchayat secretary-issued residency certificate to show your citizenship.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

National register Act 1951 has elected  with a view toprepare a register after the  Census of 1951 to identify which village houses and Holdingsand the person is staying there in. National register Act does not confer citizenship. According to article 5/6/7 of the Indian Constitution a person who migrated to India after 1946, a person who born in India after independence and a person  to whom citizenship is granted by the president of India shall be treated as Indian citizen. National register act 1951 connected with a view to collect data after each census.

 in your case you can proof by circumstantial evidence that you have been living there before 25th March 1971.If your friend has mentioned in is school records and other academic records that his citizenship is Indian and his parents are also Indian citizen. then it shall be presumed that his parents are also an Indian citizen.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

the challenge to Section 6A of the Citizenship Act came before the Supreme Court. In his referral order, Justice Nariman framed thirteen questions of law:

“(i) Whether Articles 10 and 11 of the Constitution of India permit the enactment of Section 6A of the Citizenship Act in as much as Section 6A, in prescribing a cut-off date different from the cut-off date prescribed in Article 6, can do so without a “variation” of Article 6 itself; regard, in particular, being had to the phraseology of Article 4 (2) read with Article 368 (1)?

(ii) Whether Section 6A violates Articles 325 and 326 of the Constitution of India in that it has diluted the political rights of the citizens of the State of Assam;

(iii) What is the scope of the fundamental right contained in Article 29(1)? Is the fundamental right absolute in its terms? In particular, what is the meaning of the expression “culture” and the expression “conserve”? Whether Section 6A violates Article 29(1)?

(iv) Whether Section 6A violates Article 355? What is the true interpretation of Article 355 of the Constitution? Would an influx of illegal migrants into a State of India constitute “external aggression” and/or “internal disturbance”? Does the expression “State” occurring in this Article refer only to a territorial region or does it also include the people living in the State, which would include their culture and identity?

2) it has been placed before constitutional bench for its decision

Ajay Sethi
Advocate, Mumbai
99770 Answers
8145 Consultations

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