Birthright Citizenship in the US and India

Table of Contents

Context: Recently a federal judge temporarily blocked President Donald Trump’s executive order that sought to curtail birthright citizenship in the US.

Origin of Birthright Citizenship in the US

At the time of US independence (1776), citizenship was largely governed by state laws. There was a general belief that citizenship could be granted to those born within US territory.
The original US Constitution recognized “natural born citizens” in Article 2, though it did not define the term. It likely included both jus soli (birthright citizenship) and jus sanguinis (citizenship through American parents).
14th Amendment – 1866: It clarified that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Birthright Citizenship in India

Constituent Assembly Debate: When framing the Indian Constitution, there was debate over whether to grant birthright citizenship.
- S. Deshmukh argued against it, claiming it would make Indian citizenship too easy to obtain, while B.R. Ambedkar and Sardar Vallabhbhai Patel supported it.
Constitution (1950): Article 5 of the Constitution stated that all individuals born before the commencement of the Constitution were Indian citizens. It did not establish a universal birthright to citizenship.

Citizenship Act of 1955 and Amendments

Initial Provisions (1955): The Citizenship Act of 1955 granted birthright citizenship under Section 3 to all individuals born in India after January 26, 1950, with exceptions for children born to foreign diplomats or enemy aliens.
Amendment (1986): The 1986 amendment restricted birthright citizenship by requiring that at least one parent be an Indian citizen for the child to automatically acquire Indian citizenship. This change targeted migrants from Bangladesh, Sri Lanka and other regions.
Further Amendment (2003): The 2003 amendment added a provision stating that children born in India to parents who are illegal immigrants would not acquire Indian citizenship at birth.