Before July 1, 1987: Anyone born in India automatically became a citizen, following the principle of jus soli (right of soil). This principle emphasizes the place of birth in determining citizenship.

After July 1, 1987: The concept shifted towards jus sanguinis (right of blood), giving more weight to parental lineage.

Before December 4, 2003: A child born in India acquired citizenship if at least one parent was a citizen at the time of birth.

After December 4, 2003: Both parents must be Indian citizens, or one parent must be a citizen and the other not an illegal migrant, for the child to be an automatic citizen by birth.

Case Law:

Basanti Devi vs. Union of India (1950): This landmark case defined "domicile" in the context of citizenship. It established that domicile is not just residence but a place where a person has a fixed intention to reside. This was crucial in determining citizenship by birth before 1987, particularly for those born to parents who may have migrated.

CITIZENSHIP BY DESCENT (ARTICLE 6)

A child born outside India to an Indian father automatically acquires Indian citizenship by descent. This reflects the principle of jus sanguinis.

Case Law:

Maratha Shrunkhla Hony Naib Subedar vs. Central Government (1966): This case clarified that descent is traced through the father's side, not the mothers. This interpretation has been criticized for gender bias and is a point of ongoing debate.

CITIZENSHIP BY REGISTRATION (ARTICLE 5) & NATURALIZATION (ARTICLE 6)

These are two distinct processes for acquiring Indian citizenship.

Registration: Applicable to people of Indian origin who have resided outside India for a specific period. They must meet specific eligibility criteria and register their desire to become Indian citizens.

Naturalization: This process applies to foreigners who have resided in India legally for a specific period (usually 11-14 years) and meet stringent requirements related to good character, language proficiency, and attachment to India.

CITIZENSHIP BY INCORPORATION OF TERRITORY. (ARTICLE 7)

When new territory is legally integrated into India, the inhabitants of that territory automatically become Indian citizens. This ensures a smooth transition and avoids statelessness.

LOSS OF CITIZENSHIP.

The Citizenship Act, 1955, outlines specific circumstances under which an Indian citizen can lose citizenship. These include:

Voluntary Renunciation: A citizen can formally renounce their Indian citizenship if they acquire citizenship of another country.

Termination: The Indian government can terminate a person's citizenship under specific conditions, such as if the citizenship was obtained by fraud or if the person engages in activities deemed harmful to the nation's security.

IMPORTANT POINTS:

Single Citizenship (Article 5): India adheres to the principle of single citizenship. This means a person can only be a citizen of India and cannot hold citizenship in another country simultaneously.

Non-discrimination (Article 14): The Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth when acquiring citizenship. This promotes inclusivity and equality.

Fundamental Rights (Articles 12-35): These articles guarantee fundamental rights such as equality, freedom of speech, and the right to life to all Indian citizens, regardless of how they acquired citizenship.

THE CITIZENSHIP AMENDMENT ACT (CAA), 2019

The CAA introduced a path to citizenship for persecuted minorities (Hindu, Sikh, Buddhist, Jain, Parsi, and Christian) from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014. This Act has been challenged for potentially violating Article 14 by discriminating on the basis of religion. The debate centers on whether it provides a reasonable classification or creates an arbitrary distinction.

CONCLUSION.

The framework for Indian citizenship as established by the Constitution and subsequent amendments ensures a structured approach to defining who can be an Indian citizen and under what conditions citizenship can be lost. By evolving from a place-of-birth-based system (jus soli) to one that emphasizes parental lineage (jus sanguinis), India has adapted to its changing socio-political context. The inclusion of citizenship through descent, registration, naturalization, and incorporation of territory further illustrates the comprehensive nature of the citizenship laws.

Key principles such as single citizenship and non-discrimination reflect India's commitment to unity and equality among its citizens. The protections of fundamental rights ensure that all citizens, regardless of how they acquire their status, are treated with dignity and respect.

The Citizenship Amendment Act (CAA) of 2019 represents a significant development, aimed at offering refuge to persecuted minorities from neighboring countries. However, its selective criteria have sparked debate regarding potential violations of the constitutional principle of non-discrimination, indicating that the balance between humanitarian considerations and equal treatment remains a critical issue.

In essence, India's citizenship laws are designed to create an inclusive and unified national identity, while also adapting to contemporary challenges and debates. The ongoing dialogue around these laws underscores the dynamic nature of citizenship and the importance of upholding constitutional values in a diverse society.