The U.S. President Donald Trump has issued an executive order restricting U.S. citizenship to children only if their parents hold U.S. citizenship or a U.S. green card.
About Citizenship
- Definition of citizenship: A legal status and relation between an individual and a state that entails specific legal rights and duties.
- Citizenship is generally used as a synonym for nationality.
- The Indian Constitution does not define the term ‘citizen’
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Legal Principles of Citizenship
- Jus Soli (Right of Soil): Citizenship is granted based on place of birth, irrespective of parents’ nationality.
- Followed by many North American and Latin American countries, including Canada, Mexico, Brazil, and Argentina.
- Jus Sanguinis (Right of Blood): Citizenship is determined by the nationality of the parents rather than place of birth.
- Practiced in many African, European, and Asian countries, such as Egypt, South Africa, Germany, and India.
U.S. Legal History
- The U.S. follows the jus soli principle, granting citizenship to anyone born within its borders.
- The 14th Amendment (1868) states that all persons born or naturalized in the U.S. are U.S. citizens.
- The U.S. Supreme Court (1898) reaffirmed that citizenship under the 14th Amendment extends to all children born in the U.S., regardless of their parents’ nationality.
Citizenship in India
- India’s Citizenship Act, 1955 initially followed the jus soli principle until 1987.
- Amendments introduced the jus sanguinis principle, linking citizenship to parents nationality.
- Citizenship Rules (Post-2004):
- Citizenship is granted only if both parents are Indian citizens or if one parent is Indian and the other not an illegal immigrant.
- This restriction was mainly to prevent illegal immigrants from Bangladesh from obtaining Indian citizenship.
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Comparison of Citizenship in India and U.S.
| Aspect |
India |
U.S. |
| Constitutional Framework |
Single citizenship (Articles 5-11) |
Dual citizenship (federal and state level) |
| Citizenship Principles |
Jus Sanguinis |
Jus Soli & Jus Sanguinis |
| Citizenship Acquisition |
Based on parental nationality |
Based on birthright (jus soli) or parentage (jus sanguinis) |
| Rights of Citizens |
Articles 15, 16, 19, 29-30 (freedom, equality, cultural rights) |
Bill of Rights (freedom of speech, assembly, etc.), voting rights, public office eligibility |
| Dual Citizenship |
Not allowed |
Allowed (dual nationality permitted) |
| Naturalization Process |
Requires 12 years of residency |
Requires 5 years of permanent residency, English and civics tests |
| Loss of Citizenship |
Voluntary acquisition of another nationality leads to loss |
Can be renounced voluntarily or revoked for crimes |
| Special Provisions |
CAA, 2019 for expedited citizenship |
Immigration and Nationality Act (INA) allows pathways for refugees |
| Citizenship for Foreign Children |
Based on parentage and immigration status |
Jus Soli (birthright citizenship) or Jus Sanguinis (parental nationality) |
Citizenship Provisions in India
Citizenship in the Constitution: Citizenship falls under the Union List and is governed by Articles 5-11.
Articles and Provisions of Citizenship in India Termination of Citizenship (Citizenship Act, 1955)
| Article |
Provision |
| Article 5 |
Grants citizenship to individuals who are domiciled and born in India or whose parents were born in India. |
| Article 6 |
Provides citizenship to people who migrated to India before 1949, if their parents or grandparents were born in India. |
| Article 7 |
Grants citizenship to those who migrated to Pakistan but later returned to India under resettlement permits. |
| Article 8 |
Allows Persons of Indian Origin (PIO) abroad to register for Indian citizenship if their parents or grandparents were born in India. |
| Article 9 |
States that citizenship is lost if a person voluntarily acquires foreign nationality. |
| Article 10 |
Ensures continued citizenship unless modified by subsequent laws. |
| Article 11 |
Empowers Parliament to regulate citizenship laws through legislative amendments. |
- Renunciation: Voluntary surrender of Indian citizenship (applies to minor children as well).
- Termination: Citizenship automatically ends when an individual acquires another country’s citizenship.
- Deprivation: Citizenship may be revoked due to fraud, disloyalty, criminal acts, or prolonged absence (7 years) from India without registration.
Acquisition of Citizenship
- By Birth:
- Before July 1, 1987: Any child born in India is an automatic citizen.
- Between July 1, 1987 – December 2, 2004: At least one parent must be an Indian citizen.
- After December 3, 2004: Both parents must be Indian citizens, or one parent must be Indian and the other not an illegal migrant.
- By Descent:
- Before December 10, 1992 : Citizenship is granted if the father was Indian at the time of birth.
- After December 10, 1992: Citizenship granted if either parent was Indian at birth.
- Birth must be registered with an Indian consulate within one year.
- By Registration: Persons of Indian Origin (PIO) who have lived in India for 7 years.
- Foreign spouses of Indian citizens who have lived in India for 7 years.
- Minors of Indian parents can apply for registration.
- By Naturalization: Naturalization is the process by which a foreign national acquires citizenship of a new country after fulfilling specific legal requirements. For Naturalisation in India a person :
- Must have lived in India for 12 months continuously before applying.
- Must have resided in India for 11 out of the last 14 years (reduced to 5 years for select categories).
- By Incorporation of Territory: Citizenship is granted to people of territories that become part of India.
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NRC and NPR
National Register of Citizens (NRC)
- A register containing names of all legal citizens of India.
- Aimed at identifying and deporting illegal immigrants.
- Currently, only a version for Assam has been published, leading to controversy.
- Citizenship proof is required for inclusion.
National Population Register (NPR)
- A register of all usual residents of India, both citizens and non-citizens.
- Collects demographic and biometric information.
- Aimed at creating a comprehensive identity database.
- Data collected for NPR is a precursor to the NRC process, although the government has delinked the two exercises.
Supreme Court directive:
- While the Supreme Court mandated the NRC update in Assam, it hasn’t directly ruled on the nationwide implementation of NRC or the link between NPR and NRC.
- However, it has emphasized the importance of due process and fairness in any such exercise, particularly regarding citizenship verification.
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Amendments to the Citizenship Act, 1955
- 1986 Amendment: Defined citizenship rules for those born before July 1, 1987.
- Extended citizenship to those born between July 1, 1987 – December 4, 2003, if one parent was an Indian citizen.
- 2003 Amendment: Introduced the term “illegal migrant”, preventing them from acquiring Indian citizenship.
- Removed “Commonwealth Citizenship” provision.
- 2015 Amendment: Merged Person of Indian Origin (PIO) and Overseas Citizen of India (OCI) schemes into a single “OCI” scheme.
- Citizenship Amendment Act (CAA), 2019:
- Grants fast-track citizenship to Hindus, Christians, Sikhs, Jains, Buddhists, and Parsis from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014.
- Excludes Muslims, leading to debates on constitutional secularism.
- The Supreme Court of India is reviewing its constitutional validity.
- The government argues that the law helps persecuted minorities and is not discriminatory.
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