CHAPTER 17

NATIONALITY

Definition :
Individuals of a particular nation are supposed to owe
to a
allegiance
State
totheir
States. Such individuals who owe permanent allegiance are
therefore be defined as the known as
nationals of a State. Nationality may 'status of a
natural person who is attached to a State by the tie of allegiance.4 Thus, the
term
"nationality' signifies thelegal tie between individuals and
the
State.
has Oppenheim
very rightly stated that nationality of an individual is his quality of
a
subject of certain State.? being a

Nationality of a person is determined in accordance with

the rules of
law. The Permanent Court of International Justice declared in1923
municipal
that
"in the present of International
state Law, questions nationality" of
are... in
principle, reserved domain³ Such laws are required to be
within this
recognized
by other States. Article 1 of the Convention on Certain Questions relating to t
Conflict of Nationality Laws adopted by the Hague Codification Conference of
1930 stated that whileit is for each State to determine under its own law who
its nationals, such law 'mustbe recognized by other States only in so far as it ie
consistent with international conventions, international custom, and ho
principles of law generally recognizedwith regard to nationality'. It implies that
within the limitations of International Law,a State is free to choose as to whom it
may select and to whom it may reject as its nationals. The limitations were
prescribed by International Law not in the nterest of the individualsbut in the
interest of other States.

Nationality is the medium through which an individual can enjoy the

benefits from International Law. A State exercises jurisdiction over its nationals,
travelling or residing abroad,remain under
personalsupremacy? Internationalits

Law permits the exercise of such jurisdiction, and sets the limits within which it
can be exercised. In Mavrommatis case, the Permanent Court of International
Justice observed that "it is an elementary principle of International Law thata
State is entitled to protect its subjects, when injured by acts contrary to
1. See Harvard Draft Convention on
Nationality. In Nottebohm case, the International Court of
Justicedefined nationality as a legal bond having as its legal basis a social fact of attachment, a
genuine connection of existence, interests and sentiments, together with the existence of

reciprocalrights and duties. Itmay be said the juridical expression of the fact that
to constitute
the individual upon whom it is conferred, by the law or as a result of an act of
either directly
authorities is infact more closely connected with the population of the State conferring
nationality than with that of any other State. (ICJ Reports (1955) p. 23).
2. Oppenheim, 'International Law', Vol. I, Ninth Edition (1992)p. 851.
3. Advisory Opinion in the case concerning Nationality Decrees Issued in Tunis and Moroco
P.CLJ. Series B No. 4.
4. Ibid, p. 849.
5. S.K.Agarwala, "International Law-Indian Courts and Legislation', p. 103.
6. Ibid.
 249
Nationality

have been
committed by another State, from whom they
Law
International satisfaction through ordinary channels The right of protection
to obtain if a national of State is a

unable of the nationals as well. Further,

tothe property to receive back its
extends State, it becomes theduty of the former
frcom a foreign are
expelled to receive and the expulsion of a State's own nationals
The refusal
nationals. International Law as they may involve burden
on other States
with
Covenant on Civil and
inconsistent bound to undertake.The International
they are not
down under Article 12 Para 4 that 'No one
which shall be arbitrarily
Rights lays
Political
of the right
to enter his own country.
deprived legal problems involving
an
Thus, in dealing with any international which ties
nationality, the legal bond
essential to know his
individual, it is always therefore inconvenient for
a given State for many purposes.It is
bim personally to or no
to have multiplenationalities
Law to permit the individuals a
Law that each individual possesses
nternational
nationality. It is a goal
of International
Righis 1948 provides
The Universal Declaration of Human
of
single nationality.
the right to a nationality." Thus, right
1 that "everyone has
under Article 15,Para
human right.
to nationality is a basic

:
Nationalityand Citizenship many occasions
differs from citizenship though on
The term nationality
of belonging to a
Nationality is the quality
they are used interchangingly. known² Thus, nationality
the person is internationally
particular State by which under International
between a State and the individual
creates a legal relationship between the person and
hand, denotes the relation
Law. Citizenship, on the other therefore, irrelevant to
law. The concept of citizenship is
the municipal rights. In other
possesses full civil and political
International Law. A citizen rights are called citizens,
words, all the nationals who
enjoy full political and civil
political rights despite
from nationals, who may not enjoy
full
as distinguished nationality of
citizens may possessthe
in the country³ Thus, all the
their domicile be the citizens of
it is not necessary
that all nationals may
a particular State, but Act of 1940 lays down
that particular State.
For instance, the U.S.A. Nationality with
endowed full

that the citizen is, as

a rule, employed to designate persons
United States, while some persons-such
and personal rights within the the States
and possessions which are not among
political

as those belonging to territories owe allegiance to the

described as nationals. They
torming the Union-Are contemplation of
United States and are
United States nationals in the
rights of citizens in the
United States.
International Law; they do not possess full

MODES OF ACQUISITION OF NATIONALITY: with the rules

a State in accordance of
A person mayacquirethe nationality
law determines as to who may
be a
municipal law. It impliesthat municipal therefore not
national of a particular State.
Modes of acquisition of nationality are
are the modes by which
They differ from State to State. Following
uniform.
nationality may be acquired :
1. PCIJ Series A, No. 2at p. 12 (1924).
Z. S.K, Agarwala, op. cit., p. 102. p.
Ltd. v. Commercial Tax Officer, ATR 1963, Supreme Court
O State Trading Coporation of India
1811,
 250
International Law and Human Rights

(1) By Birth:
Nationality is conferred to a person by many States on the basis of
birth. All
those persons whose birth take place within territorial limits of a
State
acquirethe
nationality of that State. The above principle is called jus soli. The United
Kingdom, the United States and States of Latin America follow
marny the
principle of jus soli.
The Indian CitizenshipAct of 1955under Section3 had provided nationality
on the basis of birth. Merely birth in the territory of ndia, on or after the 26th
January, 1950 even though both the parents are foreigners, would make a person
an Indian citizen. But by the Citizenship Act of 1986, an amendment was made
which provided under Section3(b)that every person born in India on or after the
commencement of the Act of 1986 shall be a citizen of India by birth if "either of
whoseparents is a citizen of India at the time of his birth". However, sub-sectiom
(2) of Section 3 of the Act provided that a person shall not be a citizen by birth, if
atthe time of his birth (a) his father possessessuch immunity from suits and
legal
process as is accorded to an envoy of a foreignsovereign power accreditedto the
President of India and is not a citizen of India; or (b)his father is an enemy alien
and birth occurs in a place then under occupation by the enemy.
The Citizeniship (Amendment) Act, 2003 made an amendment in Section 3
of the CitizenshipAct of 1955 by providing under 3(1) that every
person born in
India (a) on or after the 26th day of January,1950 but before the 1st day of July
1987; (b) on or after the 1st day of July 1987,but before the commencement of the
Citizenship (Amendment) Act, 2003 and either of whose parents is a
citizen of
Indiaat the timeof his birth; (c) on or after the commencement of the
Citizenship
(Amendment) Act, 2003 where (i) both his parents are citizens of India; or (i)
one of whose parent is a citizen of Indiaand the other is not an illegal migrant at
the time of his birth shall be citizen by birth. Para 2 of the Section
further
provided that a person shall not be a citizen of India by virtue of this Sectionif at
the time of his birth (a) either his father or mother
possesses such immunity from
suits and legal process as is accorded to an envoy
of a foreign sovereign power
accredited to the President of India and he or she, as the
case may be, is not a
citizen of India;or (b) his father or mother is an
enemy alien and the birth occurs
in aplace then under occupation by the enemy.

(2) By Descent :
Nationalityof a State may also be acquired by a person on
the basis of the
nationalityof either parents. Thus, a child may become a nationalof
that State of
which his parents are nationals. This principle is known
asjus sanguinis. Germany
and France confer nationality on the basis of this principle. The
U.S.A. and United
Kingdom also recognise this principle in additionto the principleofjus
soli. So is
the case with India.
Section 4 of the Indian Citizenship
Act of 1955
bean Indian national on the basis of the principle ofprovides that a person may
jus sanguinis. However, in
1992, Citizenship (Amendment) Act of 1992 was
enacted which laid down that a
person shall acquire citizenship by descent (i) if his birth
is registered at an
Indian consulate within one year of its
occurrence or commencement of the
Citizenship (Amendment) Act of 1992 whichever is later or with the
permission
of theCentral Government atthe expiryof such period, or (ii) at
thetimeof birth
 Nationality
251

parents is in service under the Government of India.! It may be noted

of his
either of jus
many States recognise the principle of jus soli as well as the principle
that

The Citizenship(Amendment) Act of 2003 provided under Section4 Para 1

sAnguinis.

person
born outsideIndia shall be a citizen of India by descent (a) on or
that a December, 1992,if
aor the 26th day of January 1950, but before the 10th day of
is a citizen of India at thetime of his birth; or (b) on or after the
1Oth
his father
1992 if either of the parents is citizen of India at the
a
time of his
December
day of
birth :
provided that the father of a person referred to in clause (a) was a citizen

Tndia by descent only, that person shall

not be a citizen of India by virtue of
consulate within one
his Section unless (a) his birth is registered at an Indian
of this Act, whichever is later, or,
oar of its occurrence or the commencement
with the permission of the. Central
Government, after the expiry of the said
the
the time of his birth, in service under
neriod; or (b) his father, is at
of the parents of a person
Covernment of India. The Act also provided that either
a of India by descernt only, that person shall
referred to in clause (b) was citizen
at
of this Section, unless his birth is registered
not be a citizen of India by virtue
of its occurrenceor on or after the
10th day of
an Indianconsulate within on year
or, with the permission of
the Central
December, 1992, whichever is later, is, at
period; or (b) either of his parents
Government, after the expiry of the said of India. The Act stated
the time of his birth, in service
under the Government
2003, a
of the Citizenship (Amendment) Act,
that on or after the commencement his birth is
of India by virtue of this Section, unless
person shall not be a citizen or the
registered at an Indian
consulate within one year of its cccurrence
of the
is later; or with the permission
commencement of this Act whichever A minor who is a citizen
the expiry of the said period.
Central Government, after
section and is also a citizen of any other country shall
of India by virtue of this
the citizenship of other
cease to a citizen of India if he does not renounce
be
age. [Section 4(1)(a).]
of attaining full
country within six months

(3) By Naturalization :
However, his nationality may,
later
at birth.
person acquires nationality
A and he
of a person changes subsequently,
on, change. When the nationality acquisition is known as
of some other State, the process of
acquires nationality naturalization in
person A may acquire nationality through
naturalization. option, acquisition of
different ways. They
are : through marriage, legitimation,
Adoption
domicile, appointment
asGovernment official and grant of application. entitles the
States also
of children by parents
who are nationals of the other has
It may be stated that a State
nationality of his parents.
children to acquire the upon
It may grant nationality
a discretion to coner nationality by naturalization. A person who wants to acquire
the fulfilment of conditions it
deems appropriate.
to give an application
and to make
is required
nationality through naturalization Thus, a person
of nationality through naturalization.
request for the acquisition is granted by a State. It
through naturalization when it
may acquire nationality
in a foreign State.
The
tollows that no person
has a claim to become naturalized
indicating any
State is entitled to refuse
the naturalization of alierns without
of International
it is contrary to the accepted principles
reason. On the other hand,
and Amending Act 2001 (Act
30
in 2001 by enacting the Repealing
1. The Act has been repealed
of 2001)enacted on September 3,2001.
 252 and Human Rights
International Law

Law to impose naturalization upon individuals againsttheir will.

Indian Citizenship (Amendment) Act, 2003 under Section
6
laid
down that
a person may acquire Indian citizenship by naturalization upon
fulfilment
certain conditions which are (1) when an application is made for the
grant of
certificate of naturalisation to him in the prescribed manner by any person of u a
age and capacity
not being an illegal migrant specified in the First
Schedule for
the grant of a certificate of naturalization to him, the Central Government
satisfied that the may,it
application is qualified for naturalization under the
of the Third provisions
Schedule, grant to him a certificate naturalization

of
qualifications for naturalization provided in the Third Schedule are :(a) that The
hef
not a subject orany country where citizens of India are prevented by
citizen of
law or practice
countryfrom becoming subjects or citizens of that
of that
by naturalization; (b) that, ifhe is a citizen of any country
country, he undertakes to
renounce the citizenship of that country in
accordance with the law therein in
forcein that behalf and has notified such
renunciationto the Central Government
(c) that he has either resided in
India or has been in Government
service for 1)
months before the date of making the application for
naturalization, or during 14
years prior to these 12 months, he has
resided or has been in the
servicefornot less than 11 years; (d) Government
that he is of a good character;
(e) that he has
an adequate knowledge of a language
recognised in the Eighth Schedule
Constitution; () that after to the
naturalization being grantedto him,he
in India or to serve intendsto reside
under the Government of India.
A person to whom a certificate of
naturalisation is granted shall on
oath of allegiance in the form taking
specified in the Second
India by naturalisation from the Schedule be a citizen of
date on which the certificate is granted.
(4) By Resumption:
A
person who has lost his
nationality by naturalization
reasons, may acquire the nationality or by any other
of the same State again. The
this kind is called acquisition of
reintegration or resumption.
Section8, Para 2 of the Indian
Citizenship Act of 1955 permits the
minor, and not to adults, to
nationality within one year from the resume his
date of attaining the age of
application,if he has lost Indian majority upon
citizenship due to
for restoration is laid
down under Section20 of the their parents. The procedure
Citizenship Rules,1956.
(5) By Subjugation :
A person may acquirenationality
through subjugationafter
a part of the territory
of a State or a State itself is conquest.When
the inhabitants of the territory subjugated by another State, all
become the nationals of the latter
Austria was annexed by State. When
Germany, all the nationals of Austria
nationals of Germany. became the
Indian Citizenship Act of
1955 under Section 7
lays down that if any
territory becomes a part of India, those
persons from such territory shall
automatically become citizens of India
from the date specified in the
may be issued by the Central Order which
Government. Thus, when
becamea part of India,Goa, Daman Goa, Daman and Diu
and Diu (Citizenship) Order was
26th March, 1962.' issued on

1 Similarly, Dadra and NagarHaveli

(Citizenship) Order was issued on March 29.
citizens of Pondicherry and Sikkim,Orders 1962. For the
were issuedon December 8, 1962
respectively.
and May 16, 1975
(6)
ByCession
a part
: of the territory
Natlonality

of a State
253

When is ceded to another State, all the

of the formner
nationals

(n ByOption
TAhen a State is
: acquires

partitioned
the nationality of the

into two or
latter State.

more States, the nationals of the

have an option to become the
State nationals of any of the successor States.
former
principle applies in the case of exchange
The same
of territory. Acquisition of

by option was widely used in the latter half

nationality
of nineteenth century to
the interests of inhabitants as far as possible from the consequences of a
protect
or exchange effectuated without their assent.
partition

(8) By Registration
:
À person may acquire nationality of a State through registration. The
of registration may be different from one State to another depending
process State
of that
upon the laws
IndianCitizenship Act of 1955 provided under Section 5 that persons of the
following categoriesmay acquire ndian citizenship through registration : (a)
ersons of Indian origin who have been residing in India forat
least seven years
efore making an application for registration; (b) a person of Indian origin
esiding in any country or place outside undivided India; (0) a person who is
marriedto a citizen of India and is ordinarily resident in India and has been so
resident for seven years immediately before making an application for
registration; (d) minor children of personswho are Indiancitizens; (e) a person of
full age and capacity whose parents are registered as citizens of India under
dause(a) of sub-section (1) of Section 6; () a person of full age and capacity
either of whose parents, was earlier citizen of independent
India, and who has

been residing in India for one year immediatelybefore making an application for
registration; and (g) a person of full age and capacity who has been registered as
citizen of India for five years, and has been residing in India for
two
an overseas
years before making an application for registration.

MODES OF LOSS OF NATIONALITY:

A person may lose the nationality of a State in many ways. They are as
follows :
(1) By Release
:
give their citizens the right to ask to be released from their
Some States
is made to that and
nationality.Release occurs only when an application
effect, if

it has been accepted by the State concerned.

(2) By Deprivation :
A national of a State may be deprived of nationality in case of certain
of many States recognizes numerous grounds of
happenings. Legislation
For instance, if a citizen enters into foreign civil or
deprivation of nationality.
military service without permission, he may be deprived of his nationality. The
of
Indian Citizenship Act of 1955 provides under Article 10 for deprivation
satisfied that (a)
citizenship by an order of the Central Government
if it is

registration or certificate of naturalization has been obtained

by means of fraud,

I. As amended by the Citizenship (Amendment) Act, 2003.

 254 International Law and Human Rights

if he has
false
representation or by concealing any material fact; (b) been
disloyal
or disaffected to the Union of India by his act or speech; (c) he has
done by
prejudicial act or traded with an enemy while Indiais at war with
that
country;
(d) a naturalizedor registered citizen has been sentenced in any country to a ter
two years within five years from the date of his registration or naturalizati
(e)if he has continuously resided in a foreign country for seven years or mot
without being a student,Central Government employee or international cii
servant in by India and has also not
any organisation recognized registered
himself at an Indian Consulate.Before making an order for depriving a
persom
from citizenship, the Central Government is required to give a written notice
containing the ground on which the order is proposed to be made. The Central
Government in some cases may refer the case of deprivation of citizenship to a
Committee of Inquiry consisting of a Chairmarn and two other members. The
Central Government is generally guided by the report of the
Committee of
Inquiry in making the order. In some cases, deprivation
results in statelessness.
and therefore, it is desirable if it is avoided by the States. Universal
Declaration of
Human Rights of 1948 under Article 15(2) prohibits arbitrary deprivation of
nationality.

(3) B, Renunciation :
A
person may renounce his nationality of a State.
The question of
renunciationof nationality arises when a
person acquires it of more than one
State. In such cases he has an option
to retain the nationality of one
renounce the other. Stateand to

Indian Citizenship Act of 1955 lays

citizen of full age and
down
under Section that any Indian 8
capacity, may
voluntarily renounce his Indian
by making a declaration in the citizenship
prescribed manner. However, if any such
declaration is made during
any war in which India may be
shall be withheld until engaged, registration
the Central Government
Section 8(2) where a person otherwise directs. According to
ceased to be citizen of India by
minor child of that person shall renunciationevery
thereupon cease to be a citizen of
that any such child India provided
may, within one year after
declaration in the prescribed attaining full age make a
form and manner that he
wishes to resume Indian
citizenship and shallthereupon again become a
citizen of India. When
person renounces his a male
citizenship, every minor child of
his ceases to be an
citizen. Such a child may, Indian
however, resume Indian
citizenship if he makes a
declarationto that effect within a
year of his attaining full
age, i.e., eighteenyears.
(4) By Substitution :
A person may lose the
nationality ofa State when
he acquiresnationality in
someother State by naturalization. Indian Act of 1955 provides under
Citizenship
Section9, Para 1 for the
automatic termination of Indian
Indian citizen voluntarily citizenship only when an
acquires the citizenship of
is to ensure that no another country. Its purpose
citizen have dual
citizenship. In such cases,
person is substituted from nationality of a
one State to another State.
However. the above
provision does not apply to a citizen of India
who during
Indians may be engaged,
voluntarily acquires the
any war in which
citizenship of another country

1. As amended by the Citizenship (Amendment) Act, 2003.

 235
Nationality

)
antil
the
Central

ByExpiration
may
A persorn
:
Government

lose
otherwise

nationality of
provides.!

a State by expiration. For instance,

of
some
such of

by legislation that citizenship expires in the case

provided length of
States
have as have left the countryand stayed abroad for a certain
subjects
their

time.
NATIONALITY:
DOUBLE uniformityin municipal laws with respect to the determination
of
The lack nationality. In other words, a
gives rise to the problem of double
having nationality of two States, i.e., double nationality,
or
of nationalitybe
may may
nationality of more than two States at a time.
It
person ie.,
nationality,
multiple many ways. For instance, if person is born in some foreign
a

oCCur through not in the country of his parents, he would be the national of the
i.e.,
of the at the same,
Country, is born on the basis principle ofjussoli, and
where he on the
Country the nationals
the national of that State of which parents are
his

he becomes
of jus sanguinis. Further, a woman may acquire the
of the principle
she continues to
marriage,and at the same time,
basis
Honality of her husband after double
her original nationality. The position
of persons possessing
different States who
since they are nationals of the
possess
naionality may be awkward,
hoth therefore claim their An individual may possess double
allegiance.

knowingly, or unknowingly, and with or without intention?

nationality
causes
In the past, some efforts have been made to reduce or to eliminate the
prepared at its
of such conflictsof nationality laws.The League of Nations,which
Certain Questions
1930 Codification Conference, the Convention concerning
Laws at the Hague contained a number of
relating to the Conflict
of Nationality
arising out of double
nationality. Article 5
provisions to remove difficulties
in third Stateas
provided that a person having
double nationality may be treated

upon his habitual and principal

if he has only one nationality-depending

in the State or the one which

he is most closely connected. The
residence
States have
1, 1937. However, only thirteen
Convention entered into force on July
the
become parties to it including India.
This idea has also been incorporatedin
of Cases of Multiple Nationality
of 1963
European Convention on Reduction
under Article 2, Paras 1 and 2.

Nationality of Married Women :

i.e., one that of her
A woman after marriage may acquiredouble nationality,
to possess her original nationality.
husband, and at the same time, she continues
of married women a Convention on
l0 meet the problems of double nationality
the Nationality of Married Women
was adopted by the General Assembly of the
is now in force. It provides
United Nations on anuary 29, 1957. The Convention
nor the dissolution of a marriage
under Article 1 that neither the celebration
nor change of nationality by the
Detween a State's national and an alien,
the
nationality of the wife.
usband during marriage, shall automatically affect the
of the nationality of
Article 2 provides that neither the voluntary acquisition
alother State nor the renunciation of a State's nationality by one of its nationals

1. Tbid.
2. Oppenheim, op. cit.,883.
 International
Law and Human Rights

256
nationality
by the wife. of such
its
retention of
shall prevent the of a State's national may, at her national.
wife
that the alien request, .Artide
provides
husband through specially privileged aCquire th
her
of in the interest
nationality imposed of
subject to limitations
shall not be naturalisaten
procedures, Convention construed
and alsothat the as
national9ecurity
wife
public policy, by which the alien
of a
national affetinga
or judicial practice a
legislation
nationality
as matter of right. The may,at
her husband's he
request, acquire of States including
India
by a limited number ConventioA
has been signed
1967, the General
Assembly of the United Nations adopted a
In
Against Women
which
of Discrimination Declaration,
on the Elimination
as provided
women shall have the same rights men to acquire, under
Article 5 that
to the alien shall not change ox
Marriage
retain their nationality. automatically
affect
nationality of
by rendering her stateless or by forcing
the wife either the
upon herthe
The above principles, later on, found
nationality of the husband. place in
9 of the 1979 Convention on the Elimination of Discrimination of All Artide
Forms of
Women' which provided under Article 9
Discrimination Against that
grant women equal rights with men to acquire, change or
States
Parties shall retain

nationality. They shall ensure in particular that neither mariage to an aie

change of natioanlity by the husband during marriage shall automatically
change
the nationality by the wife, render her stateless or force upon her the
nationality
of the husband, Para 2 of Article 9 states that States Parties shall
grant WOmen
equal rights with men with respect to the nationality of their children.

The Convention indeed is a positive step towards the elimination of fe

problems of the nationality of married women.

STATELESSNESS:
When does not possess the nationality of any State, he is calleda
a person
stateless person. A person may be without nationality knowingly
unknowingly, intentionally or through no fault of his own. A person may
be
stateless either by birth or after birth. When an illegitimate
child is born in a State
which does not apply jus soli to an alien mother under whose
national law the
child does not acquire her nationality, or
where a legitimate child is borm in sui
a State to parents who have no nationality themselves,the
child will be stateess
Statelessness may occur after birth as
of deprivation or loss of
well. For instance, it may occur as a
iu
nationality by way of penalty or
otherwis
individuals who have lost their original
nationality without having acquu
anotherare, in fact, stateless. Such a situation
in municipal laws
may arise due to lack of uiio
of different of
States with
nationality. For instance, respect to the determination
a person may be deprived of his nationality wwithout
acquiring the nationality of
any other State. county
to abroad may
also become
Refugees fleeing from their
stateless. those
rights which are
A stateless
person does not enjoy
conferred to a theit
person in International Law. For instance,
interest is not
which are dependent
protected by any
State. They are also refused enjoyment of
ghs
as
on reciprocity. such
personal capacity, Further, there are many rights
family rights, property,
matrimonial regime succession to
and
1. General
Assembly Resolution
2. The 2263 (X1)dated
Convention was adopted by Novemnber, 7, 1967. The
the General 34/180 (
(1979),
21
Conventionis an Assembly
(1981) p. 156.
Annexture of the
resolution.
through a resolution
For the text of the Convention see IL
Vo.
 Nationality
257

cannot enjoy in a normal way so long as his personal status

anindividual
these rights, is doubtful.!
which
determines defines
which Relating to the status of Persons of 1954
Stateless
Convention national
under Article 1 as 'a person who is not consideredas a
persons
stateless under the operation of its law. Such persons fall outside the normal
State
by any of any state. This legal vacuum translates into a lack of personal
regime and sense of place. They cannot formally work, own
legal
belongings or
jdentity, education or health care, travel, register births, marriages
access
property,
seek national protection from any State. Stateless persons have thus
or
deaths
to as anomalies falling outside legal and social constructs
referred
been
Te order to eliminate the position of a person from becoming
a stateless, a
have been made in the past. For the first time, the Convention on
few attempts Nationality Laws of 1930 was formulated which provided
under
of
the
Conflict born
the Contracting States agree to accord nat:onality to a person
1 that
Article
who would otherwise be stateless, and by Article 4 to a person,
t
intheir
territory
horn in the territory of Contracting
orents at the time of the
States, if the nationality of one of his

person's birth was that of that State.

The Universal
1948 provided under Article 15 that each person
Derlaration of Human Rights of
of any person cannot be taken
e entitled to have nationality and the nationality
it did not lay down as to how
the right may be
or snatched arbitrarily. However,
have been
stateless. Later, a few treaties
exercised in case a person becomes
Relating to the
to abolish statelessness. Convention
oncluded to eliminate or Status of
relating to the
Status of Refugees of
July 28, 1951, and the Convention
Under these
Stateless Persons of September
28, 1954 are relevant in this regard.
facilitate the assimilation and
States undertake to
Conventions, the Contracting
of refugees'and stateless persons
respectively.
naturalization
desire on December 4, 1954 that an
The General Assembly expressed its

conference of plenipotentiaries be convened to conclude a

international
of future statelessness as soon as
at
Convention for the reduction or elimination
their willingness
twenty had communicated to the Secretary-General
States
which met at Geneva on
least

to co-operate in such
a Conference. The Conference
at
provisions aimed at reducing statelessness
March 24 to April 18, 1959,adopted States to
agreement on how to limit the freedom of
birth, but failed to reach

deprive citizens of their nationality.

Consequently,the Conference recommended
in order to
to the competent organs
of the United Nations that it be reconvened
complete its work. The Conference
met again in New York from August 15 to 28,
the Reduction of Statelessness. The
1961 and adopted a Convention on
from August 30, 1961. It came into forceon
Lonvention was opened for signature
Convention was to avoid the
December 13, 1975, The main purpose of the
It provided under Article 1 that a
reation of future cases of statelessness.
to a person in its territory
would who
TaCting State shallgrant its nationality
vnerwise be stateless; such nationality shall
be granted either by operation of law
Article 1 further
Drth, (possibly on certain conditions) upon
application.

1. S.K.Agarwala, op. cit., p. 97.

Legal Framework Concerning Statelessness: A case study of
arol A. Batchelor, "International
e Dominicans Republic and the Republic of
Humanitarian and Refugee Law, Vol. IV (2004)p. 35.
Haiti, ISIL Year Book of International

Article 34of the Convention Relating to the Status of Refugees.

the Status of Stateless Persons.
*ricle 32 of the Convention Relating to
 Human Rights
258 International
Law and

child born in wedlock in a territory of a

Contracting
provided that a
acquire at birth that State,
whose mother is a national thereof, shall and
followed the idea nationality if t
would otherwise be stateless. The Convention adopted by
wherein it was provided that if the Law
of Contracting 1990
Convention State of

marriage or termination entails

loss of nationality as a sequence of marriage, such
of los
must be conditional upon possession or acquisition another

Further, if thelaw provides for the loss of nationality by one

spouse as a
nationality!

of the other ofthat nationality, loss by the sequence

losing, or being deprived former
must
be conditional upon possession or acquisition of another nationality?
In 1999, International Law Commission while adopting the
articles on the nationality of natural personsin
relation to thesuccessionfinal draft
of
stated that every individual who on the date of the succession of
the states
States

had
the nationality of the predecessor State, irrespective of its mode..of
acquisition,has
the right to the nationality at least one of the states. The intention f
the
stipulation is to preventstatelessness.
isto be noted that international effortsto eliminate reducestatelessnes or
It
have only a limited effect in so far as the determination of nationality is w
within the competence of each State, and statelessness has not fully
ceased to

exist. It is desirable that in order to eliminate or reduce statelessness, States m

take the initiative. The proper way to eliminate the statelessness is to impose on

States an obligation to accord their nationality to all persons born on thet

territory. Further, they should not deprive the nationality of persons unles
nationality of other States has been acquired. They must grant nationalit
liberally to stateless persons. As long as they themselves do not take steps to
eliminateor reduce nationality individually, the problem of statelessness is not
likely to solve.

Nationality and India :

The Constitution of India

theexpression citzenshir has been used Part of the Constitution simpy

declared as to who shall be the citizens of India at the
.
does not use the expression nationality. Instead,

commencement of the
Constitution. It left the entire law of the citizenship to be regulated by law made
by the Parliament. Article 11 of the Constitution expressly empowered
the
Parliament to enact a comprehensive legislation on such matters. Such a
legislation was enacted in 1955 by the enactment of the
Citizenship Act The At
provided forthe acquisition of Indian citizenship in six ways.
They are by biruy
by descent;by registration; by naturalization; and by incorporationof territory. In
addition to the above, a 'minior, may also acquire nationality by
resumption
reintegration. The Act also laiddown the modes by maylosethe
which a person
Indian citizenship. It may occur in three
termination and (c) deprivation.
ways they are (a) renunciation,
(b)
:
In 1986, the Act was amended to make
thelaws stringentfor acquisitionof
1. Article 5(1).

2. Article 6.

he
3. International Law Commission after adoption of the to
final draft articles recommended
General Assembly to adopt them in
the form of a declaration.
Act No. 57 of 1955, Dated ofIndia
December 30, 1955. Articles 10 and
11 of the Constitution
have been extended to ofthe
the State of Jammu and
Kashmir along with all the provisions
Citizenship Act of 1955 with effect
from January 26, 1950.
5. Act No. 51 of 1986.
 Nationality

The Act 259

provided that
citizenship
Ationality. to persons by birth, will no longer
but only by be
citizens, at
tomatically the time of
birth if either of
their
granted
birth. Further
soindian for eligibility for the Act
parents are
increasedthe
rresidency citizenship by periods of
the years from months and five registration and naturalization to
six
and ten
view the unnatural years
made in
of respectively. The
wIS increase inthe amendment
some States. population in the
of However, the Act was repealed in border
istrict
has one citizenship, i.e., the the year 2001!In India
aperson
Indian citizenship.
In federal States, like Itis immaterialin
he resides. the U.S.A. and which
Sate
citizenship, i.e., the Switzerland, a person
Aave
dual. citizenship of the
country as well asthe may
State. Thus,the
f the
federated position of India is different from citizenshipP
a person
is accorded dual those States
where citizenship.

(Amendment) Act, 2003

Ctizenship
Ciizenship Act of 1955 was amended on January 7, 2004 by enacting the
(Amendment) 2003. The Act
Act,
Ctizenship amended the provisions as to
of citizenship by birth and by descent.
acquisition The most important
of the
Act was the grant of overseas provision
citizenship of
specified countries to the
origin.
person of Indian
Overseas Citizenship.–In order to provide
citizenship to those persons
L were of Indian origin but later became a citizen
of a specified country,
daborate provisionswere made in the Act of 2003. The Act
under Section7-A(1)
ated that the Central Government may, subjectto such
conditionsof reciprocity,
register any person, on an applicationmade in this behalf, asan OverseasCitizen
India (OCI) if (a) that person is of Indian origin of full ageand
capacity who
of

sa diizen of a specified that person is of fullage and capacity

country or (b)
who has obtained the a specified country on or after the
citizenship of

commencement of the Citizenship (Amendment) Act, 2003and who was a citizen

of India immediately before such commencement; or () that person is a minor

of a person mentioned in clause (a) or clause (b). The above implies that such
foreign citizens who become OCI shall have double citizenship.

Rights of the Overseas Citizens of India,-An overseas citizen of India

shall be entitled to such rights as the Central Government may, by notification in

the Official Gazette,specify in this behalf. The Act under Section7-B(2) specified
that an overseascitizen of India shallnot be entitled to the following rights:
(1) Right to equality of opportunity in matters of public employment as
India.
provided under Article 16 of the Constitutionto the citizens of
(2) An overseas citizen shall not be eligible for the election
as President
or Vice-Presidentof India.

Act.
Act 30 2001 of September 3, 2001 by enacting the Repealing and Amending
of

of Indian origin' shall mean a citizen of another country

who (1) was
by the expression 'person
commencement of the Constitution; (b)
eugible to becomea citizen
of India at the time of the
day of August, 1947; and (c) the
belonged to a territory that became part of India after the 15th
and but does not include
a person covered under clauses (i) (ii),
dren and grand-children of
of Pakistan, Bangladesh
or such other courtry as
Person who had been at any time
a citizen
Gazette specify.
ne Central Governmentmav, bynotification in the Official the Act. The
in the Fourth Schedule of
Person shall be OCI if he belongs to country specified
Canada,
the following sixteen countries which are Australia,
ourth Schedule mentions Republic of
Newzealand, Portugal,
nand, France, Greece, Ireland, lsrael, Italy, Netherlands,
,
Pus, Sweden Switzerland United Kingdom , and the United States of America.
260 International
Law and Human Rights

citizen shall not be eligible the appointment

for
(3) An overseas asa
for the appointment as a judge of
judge of the Supreme Court or the
High Court.
a voter.
(4) Anoverseascitizen shall not be registered as
(5) An overseas citizen shall not be eligible for being a member of &
of States, the
House of the People, the Council Legislative
Assembly
or a Legislative Council.
(6) An overseascitizen shall not be eligible for the appointment to pDuh:.

services and posts in connection with the affairs of the Union or of

Stateunless the Central Government specify in this behalf by making
a special order. Every such notification must be laid before H
Parliament.
Renunciation of overseas citizenship,-Section 7-C of the Act provides thot
an overseas citizen of India of full age and capacity may renounce his overseas
itizenship of India by making a declaration which shall be registered by the
Central Government.A person shall cease to be an overseas citizen of India unon
such registration. When a person ceases to be an overseas citizen of India, everv
minor child of that person registered as an overseas citizen of India shail
thereupon cease to be an OCI.
Cancellation of the Registration as OCI.-The Central Government has
been empowered under Section 7-D of the Act to cancel the registration given to
a person as OCIby making an order if it is satisfied that (a) the registration as an
OCI was obtained by means of fraud, false representation, or the concealmentof
any materialfact; (b) the OCI has shown disaffection towards the Constitution of
India as by law established; (c) the OCI has, during any war in which India may
be engaged, unlawfully traded or communicated with an enemy or been engaged
in, or associated with, any business or commercial activity that was to his
knowledge carried on in such manner as to assist an enemy in that war; or (d)
the OCI has, within five years after registration as OCI has been sentenced to
imprisonment for a term of not less than two years; or (e) it is necessaryto cancel
the registration in the interest of the sovereignty and integrity of India, the
security of India, friendly relations of India with any foreign country, or in the
interest of the generalpublic.

The above provisions imply that India shall grant citizenship to foreign
citizens of Indian origin. It implies that foreign citizens of Indian origin may
possess dualcitizenship when they are granted Indian citizenship. However, the
Act may not be of much use to foreign citizens as it is difficult to meet the
condition of reciprocity. Further, for those Indians who have migrated long
before, to say about 200 years back or so on, it is difficult for them to prove that
they are of Indian origin.