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.
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