אזרחות לפי מוצא - לאחר רישום הקונסוליה 2004 + ללא דרכון זר / §4(1A)

IN-DSC-03 is not a standalone acquisition limb but the post-2004 CONDITIONING and CESSATION layer on s4(1)(b) descent (and, for the tail of the s4(1)(a) window, any birth registered after 2004). For a person born outside India on or after 3 December 2004 to be, and remain, a citizen by descent: (1) the substantive descent condition must be met (either parent an Indian citizen at birth, s4(1)(b)); (2) the birth MUST be registered at an Indian consulate in the prescribed form within one year of occurrence or of the Act's commencement, whichever is later, or later with Central Government permission (THIRD PROVISO) — an absolute condition precedent to being a citizen 'by virtue of this section'; (3) registration is permitted ONLY if the parents declare that the minor does not hold a foreign passport (FOURTH PROVISO); and (4) if the minor is nonetheless also a citizen of another country, s4(1A) makes citizenship CEASE unless the person renounces the other nationality within six months of attaining full age (majority = 18, s2(1)(e)). Failure at step (2) means the person is not a citizen by descent at all (curable only via CG permission / s4(2)); failure at step (4) means automatic loss on the six-month deadline after majority. The route is the descent-side expression of India's no-dual rule.

Procedurally, IN-DSC-03 imposes a mandatory consular-registration step for post-2004 descent births. The parents must register the birth at an Indian consulate (s2(1)(d)) in the prescribed form and manner (rules under s18(2)(aa), 'the form and manner in which a declaration under sub-section (1) of section 4 shall be made') within one year of the birth or of the Act's commencement, whichever is later; late registration requires Central Government permission, and s4(2) permits the Central Government to DEEM a birth registered with permission even where permission was not obtained beforehand. Registration cannot be completed unless the parents file the FOURTH-PROVISO declaration that the minor holds no foreign passport. The s4(1A) cessation operates independently and automatically: a dual-national minor citizen who does not renounce the other nationality within six months of turning 18 CEASES to be an Indian citizen by operation of law — no order is required, mirroring the s9(1) mechanism. Consular guidance restates the no-foreign-passport declaration (procedural corroborator). Where doubt exists, s13 certification is available. The s9(1) voluntary-acquisition loss and the s4(1A) minor-cessation are distinct but reinforcing no-dual mechanisms.

IN-DSC-03 captures the POST-3-DECEMBER-2004 overlay on all s4 descent births, together with the s4(1A) minor dual-citizen trap, all inserted/substituted by Act 6 of 2004 (w.e.f. 3-12-2004). The THIRD PROVISO to s4(1) provides that 'on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate.. (i) within one year of its occurrence or the commencement of [that Act], whichever is later; or (ii) with the permission of the Central Government, after the expiry of the said period'. The FOURTH PROVISO adds that 'no such birth shall be registered unless the parents of such person declare.. that the minor does not hold the passport of another country'. Section 4(1A) is the anti-dual hook: 'A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age'. This route operationalises the no-dual spine inside the descent framework and is fully operative as of 2026-07.

Primary authority: Citizenship Act 1955 s4(1) third and fourth provisos and s4(1A) (IN-PRIMARY-02), all inserted/substituted by Act 6 of 2004 (w.e.f. 3-12-2004); read with Constitution Art 9 (IN-PRIMARY-01) as the no-dual constitutional root. The rule-making power for the declaration form is s18(2)(aa). The Supreme Court of India is the apex authority; no supranational layer exists. POSITIVE DISCONFIRMATION: the Evidence Table records no reported apex determination directly construing the s4 post-2004 provisos or the s4(1A) trap; the closest relevant authority, Izhar Ahmad Khan (AIR 1962 SC 1052), concerns s9(2)/Schedule III (foreign-passport as conclusive proof of voluntary acquisition) and confirms the strictness of India's no-dual regime that s4(1A) reinforces, but does not construe s4(1A) itself. No directly-on-point precedent is asserted; the provisions are applied on their verbatim statutory text.