Acquiring Indian citizenship by naturalization is a formal legal process governed by Section 6(1) of The Citizenship Act, 1955. This guide provides a detailed look at the most critical components of the application: the sworn affidavits.
We explain the applicant’s verifying affidavit, the two character affidavits from witnesses, and the final Oath of Allegiance. Learn how to navigate the strict residency requirements (11 in 14 years), prove language proficiency under the Eighth Schedule, and understand the crucial differences between the current Citizenship Rules, 2009 and obsolete older forms.
A Guide to Affidavits for Naturalization
Understanding Section 6(1) of the Indian Citizenship Act, 1955
By the Evaakil.com Legal Team | Updated: October 2025
Residency Qualifications Explained
Naturalization Residency Timeline
This chart shows the two residency periods required by the Third Schedule.
The relaxed 5-year aggregate rule applies to persons from specific communities from Afghanistan, Bangladesh, or Pakistan, as per the Citizenship (Amendment) Act, 2019.
Qualifications in the Third Schedule
- Residency: The applicant must have resided in India for 12 months immediately before applying. They also must have resided in India for an aggregate of 11 years (or 5 years, for some) in the 14 years before that 12-month period.
- Good Character: The applicant must be of good character. This is proven by third-party affidavits.
- Language Knowledge: The applicant must have adequate knowledge of a language specified in the Eighth Schedule of the Constitution.
- Intent to Reside: The applicant must state their intention to live in India if the certificate is granted.
- Reciprocity: The applicant must not be a citizen of a country that prevents Indians from becoming citizens by naturalization.
Comparing Sworn Statements
| Document | Legal Basis | Purpose | Timing |
|---|---|---|---|
| Solemn Declaration | Within Form VIII | Initial attestation of the application’s truth. | At time of application. |
| Applicant’s Verifying Affidavit | Citizenship Rules, 2009 | Sworn testimony verifying all facts in Form VIII. Creates a duty to report changes. | Submitted *with* application. |
| Character Affidavits (x2) | Citizenship Rules, 2009 | Third-party evidence to prove “good character” and “loyalty”. | Submitted *with* application. |
| Oath of Allegiance | Sec 6(2) & Second Schedule | The final legal act to complete the grant of citizenship. | *After* application approval. |
Procedural Checklist
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1
Complete Form VIII accurately with all personal details, residency dates, and history.
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2
Obtain a certificate of language proficiency (for an Eighth Schedule language).
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3
Prepare and sign the Applicant’s Verifying Affidavit before a Notary or Magistrate.
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4
Find two Indian citizens (by birth or descent, not naturalization) who are “householders” and know you well.
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5
Witnesses must sign their individual Character Affidavits before a Notary or Magistrate.
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6
Compile all forms, affidavits, certificates, and submit the application to the Ministry of Home Affairs (MHA).
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7
Remember the continuing duty: report any change in circumstances (e.g., new address, legal issue) to the MHA in writing.
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8
If approved, receive the grant of the certificate from the Central Government.
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9
Formally renounce your previous citizenship according to the law of that country.
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10
Take the Oath of Allegiance (Form XII) within the prescribed time (usually 3 months) to finalize citizenship.
The Naturalization Process: A Step-by-Step View
Application Flowchart
You can click and drag the nodes to reposition them.
Template Formats
Template: Applicant’s Verifying Affidavit
In the matter of the application…
I, [Applicant’s Full Name], son/daughter of [Father’s Name], residing at [Applicant’s Address], make oath and do solemnly and sincerely affirm…
…that the statements contained in my application here unto annexed are true to the best of my knowledge and belief.
If, at any time before a certificate is issued to me, the accuracy of any of the foregoing particulars is affected by an alteration in circumstances, I undertake to inform the Secretary to the Government of India in the Ministry of Home Affairs in writing forthwith.
Deponent: [Applicant’s Signature]
Date: [Date of Signing]
Attested by Notary/Oath Commissioner/Magistrate
Template: Character Affidavit (x2 required)
I, [Witness’s Full Name], aged [Age] years, son/daughter of [Witness’s Father’s Name], residing at [Witness’s Address], make oath and do solemnly and sincerely affirm that I am an Indian citizen otherwise than by naturalization, that I am a householder, and that I am not a solicitor or agent of [Applicant’s Name].
That I have personal knowledge of, and intimate acquaintance with, the said [Applicant’s Name] for [Number] years.
That the statements contained in his/her application for naturalization are true to the best of my knowledge and belief. I support [Applicant’s Name]’s application for naturalization and I can vouch for his/her good character and loyalty.
Deponent: [Witness’s Signature]
Date: [Date of Signing]
Attested by Notary/Oath Commissioner/Magistrate
Template: Oath of Allegiance (Form XII)
This is the full text as prescribed in the Second Schedule of the Act.
I, [Applicant’s Full Name], do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully observe the laws of India and fulfil my duties as a citizen of India.
Signature: [Applicant’s Signature]
Date: [Date of Signing]
Subscribed before [Designated Officer’s Title]
Core Declarations: A Deeper Analysis
Renunciation of Prior Citizenship
Language Proficiency
Historical Rules (1956 vs. 2009)
| Provision | 1956 Rules (Outdated) | 2009 Rules (Current Law) |
|---|---|---|
| Lookback Period | 7 years preceding the 12-month period. | 14 years preceding the 12-month period. |
| Aggregate Residency | Aggregate of 4 years. | Aggregate of 11 years (or 5 years for specified groups). |
| Immediate Residency | 12 months (referred to as 13 months in some old forms). | 12 months immediately preceding application. |
The Continuing Duty to Inform
Key Roles and Definitions
Defining “Good Character”
- No Criminal Record: The applicant must not have any serious criminal convictions. The MHA will conduct background checks with police and intelligence agencies.
- Financial Solvency: The applicant should not be an undischarged bankrupt, as this may be considered.
- Truthfulness: Providing false information on the application is in itself evidence of bad character and will lead to rejection or revocation.
The Legal Role of the Witness
- “Householder”: As noted in the FAQ, this is an older term for a settled resident. In modern terms, it means someone with a verifiable address and standing in the community (e.g., owns a home, has a utility bill in their name).
- “Citizen otherwise than by naturalization”: This is a strict rule. The witness must be an Indian citizen by birth or descent, not by naturalization or registration.
- “Intimate acquaintance”: This implies a long-standing and meaningful relationship, not a casual one. The witness must genuinely know the applicant well enough to vouch for their character and loyalty, and they must specify the number of years they have known the applicant.
- “Not a solicitor or agent”: The witness must be a private individual providing testimony, not a paid agent or lawyer representing the applicant in the process.
Addressing Historical Forms and Common Errors
Residency: “4 in 7” vs. “11 in 14”
A Note on “VIIth Schedule” vs. “VIIIth Schedule”
- The **Seventh Schedule** deals with the division of powers between the Union and State governments (Union List, State List, Concurrent List). It has nothing to do with languages.
- The **Eighth Schedule** is the correct schedule, as it lists the 22 official languages of India.
Frequently Asked Questions (FAQ)
What does the term “householder” mean for a character witness?
“Householder” is an older term. It indicates a person who is a settled member of the community. This usually means someone who owns or rents a property, has a stable address, and can be easily verified. It is used to show the witness has social responsibility and stability.
Can a naturalized Indian citizen be a witness for my character affidavit?
No. The affidavit template explicitly states the witness must be an Indian citizen “otherwise than by naturalization”. This means your witnesses must be Indian citizens by birth or by descent.
What happens if my situation changes after I submit my application?
Your verifying affidavit creates a “continuing legal duty of disclosure”. This means you are bound by your oath to inform the Ministry of Home Affairs in writing “forthwith” if any information in your application changes. This includes a change of address, marital status, or any new legal matters. Failure to do so is considered concealment.
Are there any exceptions to these qualifications?
Yes. The Central Government has the power to waive any or all of the Third Schedule conditions for one specific reason: if the applicant “has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally.” This is an exceptional waiver for persons of high international standing.








