jus soli

Jus soli (right of the soil) grants citizenship to anyone born within the State’s territory, regardless of the parents’ nationality. The United States and most of the Americas follow it.

India followed pure jus soli for persons born between 26 January 1950 and 1 July 1987 (Section 3, Citizenship Act, 1955). Amendments in 1986 and 2003 restricted it: a person born from 1 July 1987 to 2 December 2004 needs one parent who is a citizen; one born on or after 3 December 2004 needs both parents citizens, or one a citizen and the other not an illegal migrant. Indian law is now closer to jus sanguinis.

Example

Birth in Bengaluru in 2010 to two foreign parents does not confer Indian citizenship, since India no longer follows pure jus soli.

In Indian law

• Section 3, Citizenship Act, 1955 (citizenship by birth), as amended in 1986 and 2003

See also

jus sanguinis · nationality · statelessness

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)