Affidavits

Guide to Indian Citizenship by Naturalization: Affidavits & Rules

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.

Affidavits for Naturalization: Indian Citizenship Act | Evaakil.com
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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

Acquiring Indian citizenship by naturalization is a formal legal process. It is governed by The Citizenship Act, 1955. This Act outlines the methods for obtaining citizenship. The Citizenship Rules, 2009, provide the specific procedures and forms.
The 2009 Rules replaced the older 1956 Rules. Applications must use the current 2009 Rules. Any submission using 1956 rules will be rejected. This guide focuses on the affidavits required for naturalization under Section 6(1) of the Act. These affidavits are legal evidence, not simple administrative forms. They prove the applicant meets the necessary qualifications.

Residency Qualifications Explained

The law requires specific periods of residence in India. These timelines are the most detailed part of the application. The government reviews this qualification closely. There are two main residency periods an applicant must prove.

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

The affidavits submitted with the application directly support the “Qualifications for Naturalisation” listed in the Third Schedule of the 1955 Act. An applicant must affirm they meet these points.
  • 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

The naturalization process involves four distinct declarations and sworn statements. Each has a different purpose and timing. Understanding them avoids common confusion.
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

The application process involves tasks for the applicant, their witnesses, and post-approval steps. Use the filters below to see tasks for each group.
  • 1

    Complete Form VIII accurately with all personal details, residency dates, and history.

  • 2

    Obtain a certificate of language proficiency (for an Eighth Schedule language).

  • 3

    Prepare and sign the Applicant’s Verifying Affidavit before a Notary or Magistrate.

  • 4

    Find two Indian citizens (by birth or descent, not naturalization) who are “householders” and know you well.

  • 5

    Witnesses must sign their individual Character Affidavits before a Notary or Magistrate.

  • 6

    Compile all forms, affidavits, certificates, and submit the application to the Ministry of Home Affairs (MHA).

  • 7

    Remember the continuing duty: report any change in circumstances (e.g., new address, legal issue) to the MHA in writing.

  • 8

    If approved, receive the grant of the certificate from the Central Government.

  • 9

    Formally renounce your previous citizenship according to the law of that country.

  • 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

This flowchart visualizes the complete journey, from preparing the application to the final grant of citizenship. It shows the critical decision points and the required sequence of actions.

Application Flowchart

You can click and drag the nodes to reposition them.

Template Formats

The following are simplified templates based on the official forms. These formats illustrate the required legal language. Always use the exact, current forms provided by the MHA for your application.

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

The affidavits and forms contain several key declarations that are essential to the application’s validity. Understanding their specific legal meaning is important.

Renunciation of Prior Citizenship

An applicant for naturalization must state their intention to renounce their existing citizenship. This is a critical point: India does not permit dual citizenship. However, the final act of renunciation is typically required *after* the application is approved but *before* the Oath of Allegiance is taken. The MHA will provide a specific timeframe (usually three months) to complete this and provide proof.

Language Proficiency

The applicant must affirm “adequate knowledge” of one language listed in the Eighth Schedule of the Constitution. This schedule includes 22 languages, such as Hindi, Bengali, Tamil, Marathi, Urdu, and Sanskrit. “Adequate knowledge” generally means the ability to speak, read, or write the language with basic proficiency. This is often proven by a certificate from a recognized school or language institution.

Historical Rules (1956 vs. 2009)

Older templates, such as those based on the 1956 Rules, may cite different residency requirements. The application *must* follow the current 2009 Rules. This table clarifies the main difference in residency calculation.
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.
Using an old form with the 1956 residency calculations (e.g., “4 years in 7”) will lead to an application’s rejection.

The Continuing Duty to Inform

The Applicant’s Verifying Affidavit is more than a one-time statement. The clause stating you will inform the MHA of any “alteration in circumstances” creates a legally binding, continuous duty of disclosure. This duty exists from the moment you sign the affidavit until the certificate is issued. Failing to report a change (like a new address or a new legal issue) can be seen as concealment and may jeopardize the application.

Key Roles and Definitions

The application relies on specific terms and roles, particularly regarding the “good character” affidavits.

Defining “Good Character”

The term “good character” is a legal qualification. It is not just about being a good person; it is about not being a person of “bad character”. In practice, this means:
  • 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 two character affidavits from Indian citizens support this claim, but the final determination is made by the Central Government based on its own investigations.

The Legal Role of the Witness

The two witnesses who provide character affidavits have specific legal qualifications. They are not just personal references; they are providing sworn testimony to the government.
  • “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.
A witness who knowingly provides false information in an affidavit is committing perjury, a serious criminal offense.

Addressing Historical Forms and Common Errors

Many applicants encounter outdated templates or forms (like those from 1988 or earlier). These old documents contain rules that are no longer valid and can cause confusion.

Residency: “4 in 7” vs. “11 in 14”

The most significant change is the residency rule. As shown in the “Historical Rules” table above, older forms (like the 1988 affidavit) required “4 years in India during the seven years” preceding the 12-month period. This is **obsolete**. The current law, The Citizenship Rules, 2009, mandates 11 years of aggregate residency during the 14-year lookback period. Using the old “4 in 7” calculation will result in a clear failure to meet the qualifications.

A Note on “VIIth Schedule” vs. “VIIIth Schedule”

Some old affidavit templates (including the 1988 version) state that the applicant must know a language from the “VIIth Schedule” (Seventh Schedule) of the Constitution. This is incorrect.
  • 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.
This is a common typographical error in old, unofficial templates. Your application and language certificate must refer to a language listed in the **Eighth Schedule**.

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.

Evaakil.com

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified legal professional for advice specific to your situation.

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