jus sanguinis
Under jus sanguinis (right of blood) a child takes the nationality of a parent, wherever the child is born. Under jus soli nationality depends on the place of birth. Most States combine the two.
In India, citizenship by descent under Section 4 of the Citizenship Act, 1955 applies jus sanguinis to persons born outside India, subject to registration requirements. Citizenship by birth under Section 3 has also moved towards jus sanguinis: for a person born in India on or after 3 December 2004, both parents must be Indian citizens, or one must be a citizen and the other not an illegal migrant.
Example
A child born in Dubai to Indian parents may claim Indian citizenship by jus sanguinis under Section 4 of the Citizenship Act.
In Indian law
- Sections 3 and 4, Citizenship Act, 1955
See also
jus soli · nationality · statelessness · domicile
Read more in the study notes
- Citizenship: meaning, history, acquisition by birth, descent and naturalisation, and loss (Political Science - Organisation and Institution)
- Nationality: acquisition, loss, statelessness and the Nottebohm case (Public International Law)