Citizenship by descent means the citizenship given to a person whose parents or grandparents were citizens of India at some point of time. The Citizenship Act of 1955 and its later amendments specify the requirements for the same. For example, If a person was born in the USA in 1995 but his parent was a citizen of India by birth, then the person can acquire Indian citizenship by descent. Citizenship by Descent is popularly known as “jus sanguinis” a Latin term that means ‘law of the blood’.

Conditions for Citizenship by Descent

The Indian Constitution provides for citizenship by descent with the following conditions:

• If a person was born outside India on or after January 26, 1950, his or her father was a citizen of India by birth, he or she is a citizen of India by descent.
• If either of his or her parents was an Indian citizen by birth, he or she was born outside India on or after December 10, 1992, but before December 3, 2004.
• If a person born outside India or after December 3, 2004, wants to become a citizen, his or her parents must state that the minor does not have a passport from another country and that his or her birth was registered at an Indian consulate within a year of birth.

Conclusion

The Indian lawmakers considered various scenarios where people of Indian origin are born outside Indian territory due to various reasons. Though that individual is not a citizen of India at birth but can use his descent from his Indian parents or grandparents to attain Indian citizenship.

FAQs

MCQs

1. Under the Citizenship Act, who can acquire Indian citizenship by descent?

A) Only those born in India
B) Individuals whose father or mother was an Indian citizen
C) Individuals born in any country but of Indian parents
D) Both B and C

2. What is a restriction for an individual applying for Indian citizenship by descent?

A) They must have been born in India
B) They cannot have acquired another country’s citizenship
C) They must have lived in India for at least 5 years
D) They must be at least 18 years old

3. What section of the Citizenship Act governs citizenship by descent in India?

A) Section 2
B) Section 4
C) Section 6
D) Section 9

4. Which of the following is true about Indian citizenship by descent?

A) Only those born in India can acquire citizenship by descent
B) Both parents must be Indian citizens for the child to claim citizenship
C) Citizenship by descent applies only to children born in the United States
D) Only children born after 1992 can apply for citizenship by descent

5. What is the requirement for registering a foreign-born individual’s citizenship under Indian law?

A) Registration with the Indian consulate within a year of birth
B) Residency in India for at least 6 months
C) Proof of Indian ancestry for 3 generations
D) A birth certificate from India

GS Mains Questions and Model Answers

Q1: Evaluate the impact of the concept of citizenship by descent on India's relationship with its diaspora. What challenges does this pose for India's citizenship policy?

Answer: Citizenship by descent allows individuals born outside India to maintain a connection with the country of their ancestors, fostering stronger ties between India and its global diaspora. This policy has enabled millions of people of Indian origin in countries like the United States, the UK, and Canada to maintain their Indian citizenship despite living abroad. However, this policy also presents challenges, such as issues related to dual citizenship, nationality disputes, and the complexity of maintaining ties with those born in countries that may have conflicting nationality laws. The growing number of individuals seeking citizenship based on descent may necessitate reforms in India’s policies to better address these challenges and avoid complications with international laws on citizenship and nationality.

Q2: Discuss the legal procedures involved in acquiring citizenship by descent in India. How does it differ for those born before and after 1992?

Answer: Citizenship by descent is governed by Section 4 of the Citizenship Act of 1955. Individuals born outside India to Indian parents are eligible for citizenship by descent. However, for those born before 1992, only the father’s Indian citizenship was required. After 1992, both parents must be Indian citizens for the child to claim citizenship by descent. The legal process involves proving the parent’s citizenship status at the time of the child’s birth and registering the birth with Indian authorities, particularly in the case of foreign-born individuals. This process ensures that descendants of Indian citizens maintain their ties with India while adhering to its citizenship laws.

Q3: Analyze the concept of citizenship by descent in the broader context of Indian nationality law. How does this principle relate to the principle of citizenship by birth?

Answer: Citizenship by descent reflects the principle of jus sanguinis, which is based on the nationality of one’s parents, rather than the place of birth. This contrasts with citizenship by birth, which is based on the principle of jus soli, granting citizenship to individuals born within a particular territory. India’s nationality laws, as enshrined in the Constitution and the Citizenship Act, allow for both principles, but the concept of citizenship by descent is particularly important for those with familial ties to India who were born abroad. This dual approach helps India maintain connections with its global diaspora while ensuring that its citizens born within the country also enjoy automatic citizenship.

Previous Year Questions on Citizenship by Descent

1. UPSC CSE Prelims 2020:

Question: Which of the following statements regarding Indian citizenship is correct?

A) Citizenship by descent is available only to individuals born within India.
B) Citizenship by descent applies to children born abroad if their parents are Indian citizens.
C) Indian citizens can hold dual citizenship.
D) Citizenship by descent is only available for children born after 1992.

Answer: (B)

Explanation: Indian citizenship by descent applies to individuals born abroad if their parents are Indian citizens, as per the provisions of the Citizenship Act, 1955.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: "Discuss the legal framework governing citizenship by descent in India. How does it contribute to the nation’s engagement with its diaspora?"

Answer: The Citizenship Act, 1955, allows for citizenship by descent, enabling individuals born abroad to claim Indian citizenship if their parents were Indian citizens. This provision has helped strengthen India’s relationship with its diaspora, as millions of people of Indian origin around the world maintain a legal connection to India. It has contributed to the global reach of Indian culture and commerce, while ensuring that the descendants of Indian citizens retain their ties to the country. However, challenges arise with dual citizenship and complex international nationality laws, which India needs to address through policy reforms.

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