In yet another surprising statement, US President Donald Trump said that his administration is ‘seriously looking’ towards ending US birthright citizenship. The insensitive comment from the American President has come into light despite the fact that such a move would face an immediate legal challenge.
The statement has come from the Trump administration at a time when America is already facing some serious immigration laws. The US Immigration and Customs Enforcement, popularly known as ICE, has made it difficult for a lot of citizens to live in the United States.
However, if the issue does not bother you because you are not an American citizen, here is a little information to help you through the citizenship acts in India.
Articles 5 to 11 (Part II) of the Constitution of India govern the conferment of a person as a citizen of India. While the legislation related to this matter is the Citizenship Act 1955, it has been amended by the Citizenship (Amendment) Acts of 1986, 1992, 2003, 2005, and 2015.
As opposed to the rule of jus soli (citizenship by right of birth within the territory), Indian nationality law largely follows the jus sanguinis (citizenship by right of blood). In simple terms, this means that if you are born in India after July 1, 1987, you will be considered a citizen of India only if either parent was a citizen of India at the time of the birth.
However, any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth.
In another law, persons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of the operation of the relevant provisions of the Indian Constitution coming into force. However, proper documents might be required to prove your citizenship.
Talking about citizenship by descent, persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent only if their father was a citizen of India at the time of their birth. However, all the persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth. Also, from 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian diplomatic mission within one year of the date of birth.
The citizenship of India by naturalization can be acquired by a foreigner who is ordinarily resident in India for 12 years and fulfills other qualifications as specified in Section 6 (1) of the Citizen Act, 1955.