Birthright Citizenship in India

Historical Background:

• When the Indian Constitution was being drafted, one of the biggest challenges was deciding whether citizenship should be granted based on birth (jus soli) or descent (jus sanguinis).
• Some members of the Constituent Assembly argued against birthright citizenship.
• For instance, P S Deshmukh, a member from the Indian National Congress from Maharashtra, believed that granting citizenship based on birth would make Indian citizenship “the cheapest on earth”.
• However, prominent leaders like B R Ambedkar and Sardar Vallabhbhai Patel supported birthright citizenship, as they felt it would strengthen the country’s unity and inclusiveness.
• Ultimately, birthright citizenship was included in the Indian Constitution.

LEGAL PROVISIONS

Provisions in the Indian Constitution:

• Article 5 of the Indian Constitution states that:
  • Any person born in India before the commencement of the Constitution would be a citizen of India.
  • This made birthright citizenship a part of India’s foundational legal framework.

The Citizenship Act, 1955:

• Following the Constitution, India’s Parliament passed the Citizenship Act, 1955 to provide more detailed rules on citizenship.
• Section 3 of the Act granted birthright citizenship to any person born in India on or after January 26, 1950, unless:
  • The child’s parents were foreign diplomats (envoys), meaning the parents were not Indian citizens.
  • The child was born in an area under enemy occupation during times of war (i.e., born to an enemy alien).

AMENDMENTS TO THE ACT

• 1986 Amendment:
  • In 1986, India amended the Citizenship Act to address concerns over the growing number of migrants from Bangladesh, Sri Lanka, and some African countries.
  • This amendment removed the provision for automatic citizenship by birth for children born after the amendment, unless at least one parent was an Indian citizen.
  • This change marked the end of unrestricted birthright citizenship in India.
• 2003 Amendment:
  • In 2003, another amendment further refined the rules.
  • It stated that if a child was born in India and one of the parents was an illegal immigrant, the child would not automatically become a citizen.
  • This amendment was aimed at controlling the citizenship rights of children born to illegal immigrants and further restricted the scope of birthright citizenship.