Naturalisation — ordinary (§6 + Third Schedule, 11-in-14)

The applicant must (i) be of full age (18 years or over, per §2(1)(e)) and full capacity (not of unsound mind, per §2(4)); (ii) not be an illegal migrant as defined in §2(1)(b); and (iii) satisfy every qualification in the Third Schedule, except any waived under the §6(1) distinguished-service proviso. The Third Schedule qualifications are: (a) the applicant is not a subject or citizen of a country whose law or practice prevents Indian citizens from naturalising there (a reciprocity/no-bar condition); (b) if the applicant is a citizen of any country, he gives an undertaking to renounce that citizenship in the event his application is accepted (this undertaking-to-renounce formulation was substituted by Act 6 of 2004 for the earlier 'has renounced.. and notified' form); (c) the 12-month continuous residence/service condition; (d) the 11-years-in-14 aggregate residence/service condition; (e) good character; (f) adequate knowledge of a language specified in the Eighth Schedule to the Constitution; and (g) an intention, if naturalised, to reside in India or to serve under a Government in India, an international organisation of which India is a member, or an India-established society/company/body. The grant is discretionary: §6(1) provides the Central Government 'may' grant if satisfied, and §14(1) records that the prescribed authority or Central Government may in its discretion grant or refuse an application under §§5, 6 and 7A without assigning reasons, subject only to §15 revision.

The applicant files a prescribed-manner application for a certificate of naturalisation (the Citizenship Rules 2009 prescribe the certificate as Form XII). The Central Government examines whether the applicant is qualified under the Third Schedule. If satisfied, it may grant the certificate; the grant is discretionary and, under §14, need not be reasoned, its decision being final subject to §15 revision (and §15A review) — §14(2) provides the decision shall not be called in question in any court. On grant, the applicant must take the oath of allegiance in the Second Schedule form; §6(2) then makes the person a citizen by naturalisation from the date the certificate was granted. Under §5(2)/§6(2) the oath is a common Second Schedule instrument ('I.. do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India...'). Because India prohibits dual nationality (Constitution Art 9; Act §9), the Third Schedule (b) undertaking to renounce operates alongside naturalisation, and a naturalised citizen who later voluntarily acquires a foreign citizenship ceases to be an Indian citizen by operation of §9(1).

Ordinary naturalisation is governed by section 6(1) of the Citizenship Act, 1955 read with the Third Schedule (which the section header expressly cross-references as '[See section 6(1)]'). Under §6(1), where a person of full age and capacity who is 'not being an illegal migrant' applies in the prescribed manner for a certificate of naturalisation, the Central Government, if satisfied that the applicant is qualified under the Third Schedule, may grant that certificate. The clause 'not being an illegal migrant' was substituted into §6(1) by the Citizenship (Amendment) Act, 2003 (Act 6 of 2004), w.e.f. 3 December 2004, replacing the earlier 'who is not a citizen of a country specified in the First Schedule' (the First Schedule — the Commonwealth-citizen list — was itself omitted in 2004). The proviso to §6(1) confers a distinguished-service waiver: if in the opinion of the Central Government the applicant has rendered distinguished service to science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the Third Schedule conditions. This waiver sits under §6(1), not §6(2). Section 6(2) is a separate sub-section that operates only after grant: on taking the oath of allegiance in the Second Schedule form, the grantee becomes a citizen by naturalisation from the date on which the certificate is granted.