Birthright Citizenship

About Birthright Citizenship

• Birthright citizenship is the legal right to citizenship acquired automatically by birth within a country’s territory or through one’s parents.
• Core Principles of Citizenship:
  • Jus Soli (Right of the Soil): Citizenship is granted because a person is born within a country’s territory.
  • Jus Sanguinis (Right of Blood): Citizenship is granted based on the citizenship of one or both parents.
• The US System:
  • Constitutional Basis: The 14 Amendment grants citizenship to all persons born or naturalised in the United States and subject to its jurisdiction.
  • Supreme Court Ruling: The Court held that children born in the US are citizens even if their parents are in the country unlawfully or temporarily.
  • Exceptions: Birthright citizenship does not apply to children of foreign diplomats or enemies present during hostile occupation.
  • The Legal Conflict:
    • Government’s Argument: The government argued that such children were not fully subject to US jurisdiction because their parents owed primary allegiance to another country.
    • Court’s Decision: The Court rejected this argument and ruled that everyone physically present in the US is subject to its laws, regardless of immigration status.

Indian Laws Regarding Citizenship

• Constitutional Provisions : Part II of the Indian Constitution (Articles 5–11) deals with citizenship at the commencement of the Constitution.
  • Article 11 gives Parliament the exclusive power to make laws on citizenship.
• Nature of Citizenship: India follows single citizenship and a single domicile.
• Legality: The Citizenship Act, 1955 is the main law that governs citizenship in India.
• Citizenship Framework: India’s citizenship framework has gradually shifted from an open Jus Soli (Right of the Soil)system to a stricter Jus Sanguinis (Right of Blood) system.
  • Under Section 3 of the Citizenship Act, 1955, citizenship by birth is governed by different conditions for different time periods.
• Modes of Acquiring Citizenship (Citizenship Act, 1955): The Citizenship Act, 1955 provides four legal methods through which a person can acquire Indian citizenship.
  • By Birth: A person can acquire citizenship by birth under Section 3, subject to the conditions applicable during different time periods.
  • By Descent: A person born outside India can acquire citizenship through Indian parent(s). Births after 3 December 2004 require mandatory consular registration.
  • By Registration: Eligible Persons of Indian Origin (PIOs), spouses of Indian citizens, and other eligible persons can acquire citizenship through registration.
  • By Naturalisation: Eligible foreign nationals can acquire citizenship after fulfilling the prescribed residency requirement, which is generally 12 years.
• Amendments:
  • 1986 Amendment: It ended unrestricted birthright citizenship by requiring at least one parent to be an Indian citizen for children born after the amendment came into force.
  • 2003 Amendment: It further restricted citizenship by birth by providing that a child would not become a citizen if one parent was an illegal immigrant at the time of birth.
  • Citizenship (Amendment) Act, 2019: It reduced the residency requirement for specified persecuted minorities belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities from Pakistan, Bangladesh, and Afghanistan who entered India on or before 31 December 2014.