PROJECT - 03
Nationality and Citizenship: Exploring the Connection
College Name: ....................................
Subject: Public International Law (Paper Code-5.3)
Class: 3 Year LL.B. 5th Semester
Contents
- Chapter 1: Introduction
- Chapter 2: Definitions and Basic Concepts
- What is Nationality?
- What is Citizenship?
- Chapter 3: Historical Background
- Chapter 4: Basic Principles of Nationality and Citizenship
- Chapter 5: Comparison Between Nationality and Citizenship
- Chapter 6: Nationality Laws in International Law
- Chapter 7: Citizenship Laws and Rights
- Chapter 8: Important Case Laws
- Chapter 9: Indian Context - Constitution and Citizenship
- Chapter 10: Statelessness - A Global Challenge
- Chapter 11: Dual Nationality and Multiple Citizenship
- Chapter 12: Flowchart - Acquisition of Citizenship
- Chapter 13: Mind Map
- Chapter 14: Questions and Answers
- Chapter 15: Conclusion
- Bibliography
Chapter 1: Introduction
Nationality and citizenship are two important concepts in international law and domestic law. They determine the legal relationship between a person and a state. Understanding the connection between nationality and citizenship is essential for studying public international law.
Nationality refers to the legal bond between a person and a nation or state. It determines which country a person belongs to under international law. Citizenship, on the other hand, refers to the legal status of being a member of a particular country with specific rights and duties under domestic law.
While these terms are often used interchangeably, they have distinct meanings and implications. Nationality is primarily concerned with international law, while citizenship is concerned with domestic or municipal law. The relationship between these two concepts affects millions of people worldwide, especially in matters of travel, residence, voting rights, and legal protection.
This project explores the connection between nationality and citizenship, examining their definitions, historical development, legal principles, and practical applications through case laws and examples.
Chapter 2: Definitions and Basic Concepts
What is Nationality?
Nationality is the legal relationship between an individual and a sovereign state. It is recognized under international law and determines which state has the responsibility to protect that individual.
Key Points about Nationality:
- Nationality is governed by international law
- It establishes the link between a person and a country
- It determines diplomatic protection rights
- Each state has the right to determine who its nationals are
- Nationality can be acquired by birth, descent, marriage, or naturalization
- It affects a person's ability to travel internationally
According to the Hague Convention of 1930: "It is for each State to determine under its own law who are its nationals."
What is Citizenship?
Citizenship is the status of being a legal member of a particular country with certain rights, privileges, and responsibilities under the domestic law of that country.
Key Points about Citizenship:
- Citizenship is governed by domestic or municipal law
- It grants specific rights such as voting, holding public office, and access to social benefits
- Citizens have duties like paying taxes and obeying laws
- Citizenship can be acquired through birth, descent, registration, or naturalization
- It provides protection and benefits within the country
- Loss of citizenship can occur through renunciation, deprivation, or operation of law
Chapter 3: Historical Background
The concepts of nationality and citizenship have evolved over centuries:
Ancient Times
- In ancient Greece and Rome, citizenship was a privileged status granted to free men
- Citizens had rights to participate in governance and own property
- Non-citizens (foreigners and slaves) had limited or no rights
Medieval Period
- Allegiance to a lord or monarch was more important than national identity
- People were subjects rather than citizens
- Rights were based on feudal relationships
Modern Era (17th-19th Century)
- Development of nation-states led to modern concepts of nationality
- French Revolution (1789) introduced ideas of citizenship rights
- Declaration of Rights of Man and Citizen emphasized equality
- Concept of popular sovereignty emerged
20th Century
- Universal Declaration of Human Rights (1948) - Article 15 recognized the right to nationality
- Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws (1930)
- Convention on the Reduction of Statelessness (1961)
- International Covenant on Civil and Political Rights (1966)
21st Century
- Increased focus on statelessness prevention
- Recognition of dual citizenship in many countries
- Globalization affecting migration and citizenship policies
- Digital identity and citizenship emerging as new concepts
Chapter 4: Basic Principles of Nationality and Citizenship
Principles of Nationality
- Principle of State Sovereignty: Each state has the exclusive right to determine who its nationals are
- Principle of Effective Nationality: In case of dual nationality, the effective or dominant nationality is considered
- Principle of Non-Discrimination: Nationality should not be denied based on race, religion, or ethnicity
- Principle of Right to Nationality: Every person has the right to have a nationality (Article 15, UDHR)
- Principle of Prevention of Statelessness: States should avoid creating stateless persons
Principles of Citizenship
- Jus Soli (Right of Soil): Citizenship by birth in the territory of a state
- Jus Sanguinis (Right of Blood): Citizenship by descent from a citizen parent
- Naturalization: Process by which a foreigner becomes a citizen
- Citizenship by Marriage: Some countries grant citizenship through marriage
- Citizenship by Investment: Economic citizenship programs in some countries
- Equal Rights: All citizens should have equal rights and opportunities
Chapter 5: Comparison Between Nationality and Citizenship
| Aspect | Nationality | Citizenship |
|---|---|---|
| Definition | Legal bond between person and state under international law | Legal status under domestic law with rights and duties |
| Governing Law | International Law | Domestic/Municipal Law |
| Primary Focus | International recognition and protection | Domestic rights and obligations |
| Rights Conferred | Right to diplomatic protection abroad | Right to vote, hold office, social benefits |
| Acquisition Methods | Birth, descent, naturalization | Birth, descent, registration, naturalization |
| Can be Multiple? | Yes (Dual/Multiple nationality possible) | Depends on country's law |
| Loss | Renunciation, deprivation | Renunciation, deprivation, acquisition of foreign citizenship |
| Document | Passport (for international travel) | National ID card, voter ID |
| Example | Indian national living abroad | Indian citizen residing in India |
| Scope | Broader - includes all nationals | Narrower - specific rights within country |
Chapter 6: Nationality Laws in International Law
Important International Instruments
1. Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws (1930)
- Recognized the right of each state to determine its nationals
- Addressed issues of dual nationality
- Established principles for resolving nationality conflicts
2. Universal Declaration of Human Rights (1948)
- Article 15(1): Everyone has the right to a nationality
- Article 15(2): No one shall be arbitrarily deprived of nationality
3. Convention on the Reduction of Statelessness (1961)
- Aims to reduce statelessness worldwide
- Requires states to grant nationality to persons born in their territory who would otherwise be stateless
- Limits the right of states to deprive persons of nationality
4. International Covenant on Civil and Political Rights (1966)
- Article 24: Every child has the right to acquire a nationality
5. Convention on the Elimination of All Forms of Discrimination Against Women (1979)
- Article 9: Equal rights for women in acquiring, changing, or retaining nationality
Modes of Acquiring Nationality
- By Birth (Jus Soli): Acquisition of nationality based on place of birth
- By Descent (Jus Sanguinis): Acquisition based on parents' nationality
- By Naturalization: Voluntary acquisition after fulfilling certain requirements
- By Marriage: Automatic or facilitated nationality through marriage to a national
- By Registration: Administrative process in certain circumstances
- By Adoption: Children adopted by nationals may acquire nationality
Loss of Nationality
- Voluntary Renunciation: Person gives up nationality voluntarily
- Deprivation: State withdraws nationality (usually for fraud or disloyalty)
- Lapse: Automatic loss due to prolonged absence or acquisition of foreign nationality
- Transfer of Territory: Change in sovereignty may affect nationality
Chapter 7: Citizenship Laws and Rights
Rights of Citizens
- Political Rights:
- Right to vote in elections
- Right to contest elections and hold public office
- Right to participate in government formation
- Civil Rights:
- Right to life and personal liberty
- Freedom of speech and expression
- Freedom of movement and residence
- Right to property
- Economic Rights:
- Right to work and pursue any profession
- Right to own property and conduct business
- Access to government employment
- Social Rights:
- Right to education
- Right to healthcare
- Social security benefits
Duties of Citizens
- Obey the laws of the land
- Pay taxes regularly
- Respect national symbols and institutions
- Defend the country when required
- Participate in democratic processes
- Protect public property
- Promote harmony and brotherhood
Difference Between Citizens and Non-Citizens
| Citizens | Non-Citizens (Foreigners) |
|---|---|
| Can vote in elections | Cannot vote in elections |
| Can hold public office | Cannot hold public office |
| Cannot be deported | Can be deported if visa violated |
| Permanent right to reside | Conditional right based on visa/permit |
| Full access to government benefits | Limited or no access to benefits |
| Can freely enter and leave country | Subject to immigration controls |
Chapter 8: Important Case Laws
International Cases
1. Nottebohm Case (Liechtenstein v. Guatemala) - ICJ, 1955
Facts:
- Friedrich Nottebohm was a German national who had lived in Guatemala for many years
- In 1939, he obtained Liechtenstein nationality through naturalization
- Guatemala refused to recognize this nationality and expelled him
- Liechtenstein brought a case before the ICJ claiming diplomatic protection
Decision:
- ICJ held that nationality must have a "genuine connection" or "effective link" between the person and the state
- Nottebohm did not have effective nationality of Liechtenstein
- His real and effective nationality was German
- Liechtenstein could not exercise diplomatic protection
Importance:
- Established the principle of "genuine link" or "effective nationality"
- Important for cases of dual nationality in international law
2. Barcelona Traction Case (Belgium v. Spain) - ICJ, 1970
Facts:
- Barcelona Traction was a company incorporated in Canada
- Most shareholders were Belgian nationals
- Spain allegedly caused damage to the company
- Belgium claimed diplomatic protection on behalf of Belgian shareholders
Decision:
- ICJ held that only the state of incorporation (Canada) could exercise diplomatic protection
- Nationality of shareholders is different from nationality of the company
- Belgium's claim was rejected
Importance:
- Clarified rules on corporate nationality
- Established that company's nationality is determined by place of incorporation
Indian Cases
3. State of West Bengal v. Anwar Ali Sarkar (1952) SCR 284
Facts:
- Concerned the definition of citizenship under the Indian Constitution
- Question of discriminatory treatment of citizens
Decision:
- Supreme Court held that all citizens are equal before law
- Article 14 applies to both citizens and non-citizens
- Arbitrary classification violates equality principle
Importance:
- Established equality principle for citizenship rights
4. Izhar Ahmad Khan v. Union of India (1962) AIR 1962 SC 1052
Facts:
- Petitioner claimed Indian citizenship by birth
- Father had migrated to Pakistan but petitioner remained in India
- Government challenged his citizenship status
Decision:
- Supreme Court held that citizenship cannot be taken away arbitrarily
- Person born in India before partition has right to Indian citizenship
- Burden of proof lies on the state to prove otherwise
Importance:
- Protected citizenship rights of partition-affected persons
- Emphasized burden of proof in citizenship disputes
5. Assam Sanmilita Mahasangha v. Union of India (2014) 9 SCC 547
Facts:
- Challenge to inclusion of illegal immigrants in electoral rolls
- Concerned implementation of Citizenship Act in Assam
- National Register of Citizens (NRC) update process
Decision:
- Supreme Court directed updating of NRC in Assam
- Set guidelines for identifying genuine citizens
- Emphasized need to detect and delete illegal immigrants
Importance:
- Major case on citizenship verification
- Led to comprehensive NRC exercise in Assam
- Cost: Approximately ₹1,600 crores for NRC update
6. National Human Rights Commission v. State of Arunachal Pradesh (1996) 1 SCC 742
Facts:
- Concerned deportation of Chakma refugees from Arunachal Pradesh
- Chakmas had fled from Bangladesh to India in 1960s
- State government wanted to deport them despite their long residence
Decision:
- Supreme Court held that even non-citizens have fundamental rights under Article 21
- Right to life cannot be denied to anyone
- Directed government to provide citizenship to Chakmas
Importance:
- Extended fundamental rights to non-citizens
- Humanitarian approach to stateless persons
7. Louis De Raedt v. Union of India (1991) 3 SCC 554
Facts:
- Belgian national married to an Indian citizen
- Applied for Indian citizenship by registration
- Application was rejected by government
Decision:
- Supreme Court held that grant of citizenship is not a matter of right
- Government has discretion in granting citizenship
- Courts cannot compel government to grant citizenship
Importance:
- Clarified government's discretionary power in citizenship matters
8. Citizenship Amendment Act Cases (2019-2024) - Pending
Facts:
- Citizenship (Amendment) Act, 2019 challenged in Supreme Court
- Multiple petitions filed by various organizations and individuals
- Act provides citizenship to persecuted minorities from neighboring countries
- Excludes Muslims from the benefit
Issues:
- Whether CAA violates Article 14 (equality)
- Whether it violates secular character of Constitution
- Whether classification based on religion is reasonable
Status:
- Matter is still pending before Supreme Court
- No final decision yet
Chapter 9: Indian Context - Constitution and Citizenship
Constitutional Provisions
Part II of the Indian Constitution (Articles 5-11) deals with Citizenship:
| Article | Provision |
|---|---|
| Article 5 | Citizenship at the commencement of Constitution (26 Jan 1950) - Person domiciled in India who was born in India or whose parents were born in India or who had resided in India for 5 years |
| Article 6 | Rights of citizenship of persons who migrated to India from Pakistan before 19 July 1948 |
| Article 7 | Rights of citizenship of persons who migrated to Pakistan after 1 March 1947 |
| Article 8 | Rights of citizenship of persons of Indian origin residing outside India |
| Article 9 | Persons voluntarily acquiring citizenship of foreign state not to be citizens of India |
| Article 10 | Continuance of rights of citizenship - Every person who is or is deemed to be a citizen shall continue to be a citizen subject to provisions of law made by Parliament |
| Article 11 | Parliament has power to regulate citizenship by law |
Citizenship Act, 1955
Parliament enacted the Citizenship Act, 1955 to regulate citizenship matters. The Act has been amended several times.
Ways to Acquire Indian Citizenship under the Act:
- By Birth (Section 3):
- Person born in India between 26 Jan 1950 and 1 July 1987
- Person born in India after 1 July 1987 if either parent is Indian citizen
- Person born in India after 3 Dec 2004 if both parents are Indian citizens or one is citizen and other is not illegal migrant
- By Descent (Section 4):
- Person born outside India after 26 Jan 1950 if father was Indian citizen at time of birth
- After 10 Dec 1992, if either parent is Indian citizen
- Must register birth within one year or with permission of Central Government
- By Registration (Section 5):
- Person of Indian origin residing in India for 7 years
- Person of Indian origin who is ordinarily resident outside undivided India
- Spouse of Indian citizen
- Minor children of Indian citizens
- Persons of full age and capacity who are registered as Overseas Citizens of India for 5 years
- By Naturalization (Section 6):
- Foreigner who is ordinarily resident in India for 12 years (11 years + 1 year immediately before application)
- Must fulfill conditions in Third Schedule
- Must take oath of allegiance
- By Incorporation of Territory (Section 7):
- If any territory becomes part of India, persons of that territory become Indian citizens
Loss of Citizenship
- By Renunciation (Section 8): Voluntary giving up of citizenship
- By Termination (Section 9): Automatic termination if person voluntarily acquires foreign citizenship
- By Deprivation (Section 10): Government can deprive citizenship if:
- Obtained by fraud, false representation or concealment
- Showed disloyalty to Constitution
- Unlawfully traded or communicated with enemy during war
- Within 5 years of registration/naturalization, imprisoned for 2 years or more
- Ordinarily resident outside India for 7 continuous years
Overseas Citizenship of India (OCI)
- Introduced in 2005 for persons of Indian origin
- Not full citizenship but provides certain benefits
- Multiple entry, multi-purpose lifelong visa to visit India
- Exemption from registration with FRRO for any length of stay
- Parity with NRIs in financial, economic and educational fields except in agricultural property
- Cannot vote or hold constitutional positions
- Cannot hold agricultural or plantation property
- Registration fee: ₹15,000 for adults, ₹7,500 for minors
Chapter 10: Statelessness - A Global Challenge
What is Statelessness?
Statelessness means a person is not considered a national by any state under the operation of its law. Stateless persons have no nationality and no country to call their own.
Causes of Statelessness
- Conflict of Laws: When nationality laws of different countries conflict, leaving some persons without any nationality
- Transfer of Territory: When borders change and people lose nationality
- Discrimination: Some countries deny nationality based on ethnicity, religion, or gender
- Gaps in Nationality Laws: Children born to unknown parents or in certain circumstances may become stateless
- Renunciation without Acquiring New Nationality: Person gives up one nationality before acquiring another
- Deprivation: State withdraws nationality and person becomes stateless
- Administrative Barriers: Lack of birth registration or documentation
Problems Faced by Stateless Persons
- No right to travel - cannot get passport
- No access to education and healthcare
- Cannot work legally
- Cannot own property
- Cannot vote or participate in political process
- Risk of detention and deportation
- No diplomatic protection
- Cannot marry legally in many countries
- Children inherit stateless status
Global Statistics
- According to UNHCR, at least 4.4 million stateless persons worldwide (2023)
- Actual number may be over 10 million
- Major stateless populations in Myanmar (Rohingyas), Thailand, Kuwait, Latvia, etc.
International Efforts to Reduce Statelessness
- Convention Relating to the Status of Stateless Persons (1954): Provides protection and rights to stateless persons
- Convention on the Reduction of Statelessness (1961): Sets standards to prevent statelessness
- UNHCR's #IBelong Campaign (2014-2024): Aimed to end statelessness by 2024
- Universal Periodic Review (UPR): UN reviews state compliance with human rights including right to nationality
Examples of Stateless Populations
- Rohingya Muslims in Myanmar: Denied citizenship, over 1 million stateless
- Bidoon in Kuwait: Stateless Arabs, around 100,000 persons
- Roma People in Europe: Many Roma face statelessness
- Hill Tribes in Thailand: Ethnic minorities without Thai citizenship
- Palestinians: Many Palestinians are stateless refugees
Chapter 11: Dual Nationality and Multiple Citizenship
What is Dual Nationality?
Dual nationality (also called dual citizenship) means a person is a citizen of two countries at the same time. Some countries allow dual citizenship while others do not.
How Dual Nationality Arises
- Birth in Jus Soli Country to Jus Sanguinis Parents: Child born in USA (jus soli) to Indian parents (jus sanguinis) gets both nationalities
- Naturalization Without Renouncing: Some countries allow naturalization without requiring renunciation of original citizenship
- Marriage: Spouse automatically gets nationality of partner's country
- Descent: Child of parents with different nationalities
- Restoration: Former citizens regaining citizenship while holding another
Advantages of Dual Nationality
- Freedom to live and work in both countries
- Can vote in both countries
- Access to education and healthcare in both countries
- Business and investment opportunities
- Can hold two passports for easier travel
- Cultural connection to both countries
- Property ownership rights in both countries
Disadvantages of Dual Nationality
- Obligation to follow laws of both countries
- May have to pay taxes in both countries
- Military service obligations in both countries
- Conflicting loyalties during war or diplomatic disputes
- Complicated legal status in third countries
- Cannot seek diplomatic protection from one country against the other
India's Position on Dual Citizenship
India does NOT allow dual citizenship. Article 9 of the Constitution states that a person who voluntarily acquires citizenship of another country ceases to be an Indian citizen.
However, India offers Overseas Citizenship of India (OCI) as an alternative, which provides many benefits but is not full citizenship.
Countries Allowing Dual Citizenship
- United States of America
- United Kingdom
- Canada
- Australia
- France
- Italy
- Portugal
- Ireland
- And many more
Countries NOT Allowing Dual Citizenship
- India
- China
- Japan
- Singapore
- Saudi Arabia
- United Arab Emirates
- Norway (with some exceptions)
Chapter 12: Flowchart - Acquisition of Citizenship in India
✓ Automatic Citizenship
✓ Citizenship if either parent is Indian citizen
✓ Citizenship if both parents are citizens OR one parent is citizen and other is not illegal migrant
Must register birth within 1 year or get permission
Apply under Section 5
Apply under Section 6
Fulfill Third Schedule conditions
Take oath of allegiance
(Overseas Citizenship of India)
Fee: ₹15,000 (Adults), ₹7,500 (Minors)
Chapter 13: Mind Map - Nationality and Citizenship
CITIZENSHIP
Chapter 14: Questions and Answers
Click on each question to see the answer:
Answer: Nationality is the legal bond between a person and a state under international law, determining which country the person belongs to. Citizenship is the legal status of being a member of a particular country under domestic law, which grants specific rights and duties. Nationality is broader and focuses on international recognition, while citizenship is narrower and focuses on domestic rights like voting and holding public office.
Answer: Jus Soli (Right of Soil) means citizenship is acquired by birth within the territory of a country. For example, a child born in the USA automatically becomes a US citizen. Jus Sanguinis (Right of Blood) means citizenship is acquired by descent from a citizen parent. For example, a child born to Indian parents abroad can acquire Indian citizenship by descent. Many countries use a combination of both principles.
Answer: In the Nottebohm Case (1955), the International Court of Justice held that for a state to exercise diplomatic protection over a person, there must be a "genuine connection" or "effective link" between the person and the state. Nottebohm, who had lived in Guatemala for years, obtained Liechtenstein citizenship but was not considered to have effective Liechtenstein nationality. The ICJ ruled that Liechtenstein could not claim diplomatic protection for him against Guatemala.
Answer: No, India does NOT allow dual citizenship. Article 9 of the Indian Constitution clearly states that any person who voluntarily acquires citizenship of another country ceases to be an Indian citizen. However, India offers Overseas Citizenship of India (OCI) as an alternative, which provides many benefits such as multiple-entry visa, exemption from registration, and economic parity with NRIs, but OCI holders cannot vote or hold constitutional positions.
Answer: Statelessness means a person is not considered a national by any state under its law. Stateless persons face severe problems: they cannot get passports to travel, have no access to education or healthcare, cannot work legally, cannot own property, cannot vote, and have no diplomatic protection. According to UNHCR, at least 4.4 million people are stateless worldwide. Examples include Rohingya Muslims in Myanmar and Bidoon in Kuwait.
Answer: A foreigner can acquire Indian citizenship by naturalization under Section 6 of the Citizenship Act, 1955. Requirements include: (1) Ordinarily resident in India for 12 years (11 years + 1 year immediately before application), (2) Fulfill conditions in Third Schedule (knowledge of Indian language, good character, intention to reside in India, etc.), (3) Apply to Central Government, (4) Take oath of allegiance to Constitution. The government has discretionary power to grant or refuse citizenship.
Answer: Part II of the Indian Constitution (Articles 5-11) deals with citizenship. Article 5 provided citizenship at commencement of Constitution. Articles 6-8 dealt with partition-related citizenship. Article 9 states that voluntary acquisition of foreign citizenship leads to loss of Indian citizenship. Article 10 provides for continuance of citizenship rights. Article 11 gives Parliament the power to regulate citizenship by law. Parliament enacted the Citizenship Act, 1955 under this power.
Answer: Citizens enjoy several exclusive rights: (1) Right to vote in elections (2) Right to contest elections and hold public office (3) Permanent right to reside in the country without fear of deportation (4) Full access to government benefits and social welfare schemes (5) Right to freely enter and leave the country (6) Access to government jobs requiring citizenship (7) Right to participate in constitutional amendment process. Non-citizens do not have these political and special civil rights, though they enjoy basic human rights under Article 21.
Answer: Overseas Citizenship of India (OCI) was introduced in 2005 for persons of Indian origin. Benefits include: (1) Multiple entry, multi-purpose lifelong visa to visit India (2) Exemption from registration with FRRO for any length of stay (3) Parity with NRIs in financial, economic and educational fields (4) Can pursue most professions and occupations. However, OCI holders cannot: vote, hold constitutional positions, hold agricultural/plantation property, or work in government. Registration fee is ₹15,000 for adults and ₹7,500 for minors.
Answer: Yes, Indian citizenship can be lost in three ways under the Citizenship Act, 1955: (1) By Renunciation (Section 8): Voluntary giving up of citizenship (2) By Termination (Section 9): Automatic termination if person voluntarily acquires foreign citizenship (3) By Deprivation (Section 10): Government can deprive citizenship if obtained by fraud, showed disloyalty to Constitution, traded with enemy during war, imprisoned within 5 years of naturalization, or ordinarily resident outside India for 7 continuous years.
Chapter 15: Conclusion
Nationality and citizenship are fundamental concepts that define the legal relationship between individuals and states. While they are often used interchangeably, they have distinct meanings and implications under international and domestic law.
Nationality establishes the bond between a person and a state under international law, determining diplomatic protection and international rights. Citizenship, on the other hand, confers specific rights and duties under the domestic law of a country, including political rights like voting and holding office.
The connection between nationality and citizenship is crucial in today's globalized world. Migration, dual nationality, statelessness, and citizenship rights are issues that affect millions of people worldwide. International law has evolved to protect the right to nationality through instruments like the Universal Declaration of Human Rights and various conventions.
In the Indian context, the Constitution and the Citizenship Act, 1955 provide a comprehensive framework for acquiring and losing citizenship. While India does not allow dual citizenship, it has introduced the OCI scheme to maintain connections with the Indian diaspora. Important cases like Nottebohm, Izhar Ahmad Khan, and Assam Sanmilita have shaped the understanding of nationality and citizenship in both international and domestic law.
The challenge of statelessness remains a global concern, with millions of people living without any nationality. The international community continues to work towards reducing statelessness through various conventions and campaigns.
Understanding the connection between nationality and citizenship is essential for law students and practitioners, as it affects fundamental rights, international relations, and the daily lives of people across the world. As globalization increases and people move across borders, these concepts will continue to evolve and remain at the forefront of legal and political discourse.
In conclusion, nationality and citizenship are interconnected concepts that together define a person's legal identity and relationship with the state. They are fundamental to the exercise of human rights, access to justice, and full participation in society. The law must continue to evolve to address emerging challenges while protecting the basic right of every person to have a nationality and enjoy the benefits of citizenship.
Bibliography
Books
- Dr. S.K. Kapoor, "International Law and Human Rights" (Central Law Agency)
- H.O. Agarwal, "International Law and Human Rights" (Central Law Publications)
- Starke's International Law (11th Edition)
- M.P. Jain, "Indian Constitutional Law" (LexisNexis)
- D.D. Basu, "Introduction to the Constitution of India"
- V.N. Shukla, "Constitution of India" (Eastern Book Company)
International Instruments
- Universal Declaration of Human Rights, 1948
- Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, 1930
- Convention on the Reduction of Statelessness, 1961
- International Covenant on Civil and Political Rights, 1966
- Convention Relating to the Status of Stateless Persons, 1954
Indian Laws
- The Constitution of India, 1950
- The Citizenship Act, 1955 (as amended)
- The Citizenship Rules, 2009
- The Citizenship (Amendment) Act, 2019
Case Laws
- Nottebohm Case (Liechtenstein v. Guatemala), ICJ Reports 1955
- Barcelona Traction Case (Belgium v. Spain), ICJ Reports 1970
- State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75
- Izhar Ahmad Khan v. Union of India, AIR 1962 SC 1052
- Louis De Raedt v. Union of India, (1991) 3 SCC 554
- National Human Rights Commission v. State of Arunachal Pradesh, (1996) 1 SCC 742
- Assam Sanmilita Mahasangha v. Union of India, (2014) 9 SCC 547
Websites and Online Resources
- UNHCR - United Nations High Commissioner for Refugees (www.unhcr.org)
- International Court of Justice (www.icj-cij.org)
- Ministry of Home Affairs, Government of India (www.mha.gov.in)
- Supreme Court of India (www.sci.gov.in)
- Indian Kanoon (www.indiankanoon.org)