Indian nationality law

Indian nationality law governs the acquisition and loss of citizenship in India. The law is primarily based on the principle of jus sanguinis, or right of blood, although a form of jus soli, or right of the soil, is also incorporated. The legislation that primarily governs these matters is the Citizenship Act of 1955, which has been amended by the Citizenship (Amendment) Acts of 1986, 1992, 2003, 2015, and 2019.

History

The concept of citizenship in India can be traced back to the ancient times, as evidenced by the Manusmriti, an ancient legal text. However, the modern concept of citizenship was introduced during the British Raj, with the British Nationality and Status of Aliens Act 1914 being the first legislative measure to define who was a British subject in India.

Citizenship Act of 1955

The Citizenship Act of 1955, enacted by the Parliament of India, is the overarching legislation that governs citizenship matters in India. It provides for the acquisition of Indian citizenship by birth, descent, registration, naturalization, and incorporation of territory.

Amendments to the Citizenship Act

The Citizenship Act has been amended several times to address various issues. The Citizenship (Amendment) Act of 1986 introduced the concept of citizenship by birth to be applicable only if at least one parent was an Indian citizen. The 1992 amendment allowed for the acquisition of citizenship by birth even if either parent was an Indian citizen at the time of the person's birth. The 2003 amendment further restricted citizenship by birth by requiring at least one parent to be an Indian citizen and the other not to be an illegal migrant. The 2015 amendment provided for the cancellation of the registration of Overseas Citizen of India cardholders in certain circumstances. The 2019 amendment, which has been the most controversial, provides for the granting of Indian citizenship to certain illegal migrants from Afghanistan, Bangladesh, and Pakistan.

Loss of Citizenship

Indian nationality law also provides for the loss of citizenship, primarily through renunciation, termination, and deprivation. Renunciation is the voluntary renouncement of citizenship, termination occurs when an Indian citizen voluntarily acquires the citizenship of another country, and deprivation is a compulsory loss of citizenship, usually on grounds of fraud or disloyalty.

See also

• Indian passport
• Overseas Citizenship of India
• Person of Indian Origin Card