Introduction to Nationality
Nationality is the legal relationship between an individual and a state. It establishes a person’s membership in a particular country and gives them certain rights and duties. A person who holds the nationality of a State is generally entitled to its protection and may enjoy rights such as political participation, residence and access to public services. In return, the person may have duties towards the state, such as obeying its laws.
In international law, nationality is mainly governed by the domestic law of each state, subject to certain rules of international law.
Acquisition of Nationality Under International Law
Nationality can be acquired in different ways. The main methods are:
1. By Birth (Jus Soli)
Under this principle, a person acquires nationality because they are born within the territory of a particular state. It is also known as the right of the soil.
2. By Descent (Jus Sanguinis)
Under this principle, a person acquires nationality through the nationality of their parents, regardless of the place of birth. It is known as the right of blood.
3. By Naturalisation
A foreign citizen may acquire the nationality of another state by fulfilling legal conditions, such as a required period of residence, good character and knowledge of the country’s language or laws.
4. By Marriage
Some states allow a foreign person to acquire nationality through marriage to one of their citizens, subject to legal requirements. Marriage does not automatically grant nationality in every country.
5. By Registration
Some states grant nationality through a simplified registration process to persons belonging to certain categories, such as persons of national origin or persons with family connections to the country.
6. By Incorporation of Territory
When a state acquires or incorporates a new territory, the people living in that territory may acquire the nationality of the acquiring state, depending on the relevant legal arrangements.
Double or Dual Nationality Under International Law
Double nationality, also called dual nationality, means that a person is legally recognised as a citizen of two or more States at the same time.
How Does Dual Nationality Arise?
It may arise when:
- A child is born in a country that follows Jus Soli, while the parents belong to a country that follows Jus Sanguinis.
- A person acquires another nationality through naturalisation without losing the original nationality.
- Different national laws recognise the same person as their citizen.
Problems of Double Nationality
Double nationality may create several legal and practical problems:
- The person may have duties towards two states.
- Both states may claim the person’s loyalty.
- Conflicts may arise regarding military service and taxation.
- Diplomatic protection may become complicated when both states are involved in a dispute.
International law generally recognises that dual nationality may exist, although individual States can restrict or prohibit it under their domestic laws.
Loss of Nationality Under International Law
Loss of nationality means the termination of a person’s legal relationship with a state. It may happen in the following ways:
1. Renunciation
A person voluntarily gives up their nationality, usually to acquire or retain another nationality.
2. Voluntary Acquisition of Foreign Nationality
Some states withdraw nationality when a person voluntarily acquires the nationality of another country.
3. Fraud or False Information
Nationality obtained through fraud, false documents or concealment of important facts may be cancelled according to law.
4. Service in a Foreign Army
Some states may withdraw nationality if a citizen voluntarily serves in the armed forces of another state under specified legal conditions.
5. Deprivation by the State
In certain exceptional circumstances, a State may withdraw nationality under its domestic law, subject to constitutional and international legal restrictions.
However, nationality should not be withdrawn arbitrarily or on discriminatory grounds. International law seeks to prevent unnecessary loss of nationality and statelessness.
Statelessness Under International Law
Statelessness means a condition in which a person is not considered a national by any State under the operation of its laws.
A stateless person does not legally belong to any country as a national.
Causes of Statelessness
Statelessness may arise due to several legal, political and administrative circumstances, including:
- Conflict between the nationality laws of different countries.
- Discrimination based on race, religion, ethnicity or gender.
- Creation or division of new states.
- Withdrawal of nationality without granting another nationality.
- Failure to register a child’s birth.
- Political changes and administrative difficulties.
Problems Faced by Stateless Persons
Stateless persons may face serious difficulties in their everyday lives, including:
- Difficulty in obtaining passports and travel documents.
- Lack of access to education, healthcare and employment.
- Problems in owning property and opening bank accounts.
- Difficulty in travelling or living legally in other countries.
- Limited access to political and legal rights.
International Protection Against Statelessness
Two important international conventions deal with this issue:
| International Convention | Year | Purpose |
|---|---|---|
| Convention Relating to the Status of Stateless Persons | 1954 | It provides legal protection and certain rights to stateless persons, including access to education, employment and identity documents. |
| Convention on the Reduction of Statelessness | 1961 | It aims to prevent and reduce statelessness by requiring states to adopt safeguards in their nationality laws. |
The United Nations High Commissioner for Refugees (UNHCR) also works to identify, prevent and reduce statelessness throughout the world.
Nationality Under Indian Law
In India, citizenship is governed mainly by the Constitution of India (Articles 5–11) and the Citizenship Act, 1955.
Under the Citizenship Act, Indian citizenship can be acquired through five main methods:
- By birth.
- By descent.
- By registration.
- By naturalisation.
- By incorporation of territory.
Dual Citizenship Under Indian Law
Indian law does not permit full dual citizenship. Under Section 9 of the Citizenship Act, voluntary acquisition of the citizenship of another country generally results in the termination of Indian citizenship.
However, India provides the facility of Overseas Citizenship of India (OCI) to eligible foreign citizens of Indian origin. OCI is not equivalent to full Indian citizenship and does not provide voting rights or eligibility for certain constitutional offices.
Important Principles of International Law Relating to Nationality
Some important principles relating to nationality are the following:
- Every person should have the right to a nationality.
- No person should be arbitrarily deprived of nationality.
- States have the power to determine nationality under their domestic laws, subject to international law.
- Discrimination in granting or withdrawing nationality should be avoided.
- States should take steps to prevent and reduce statelessness.
Important International Instruments on Nationality
| International Instrument | Year | Relevant Article | Principle Protected |
|---|---|---|---|
| Universal Declaration of Human Rights | 1948 | Article 15 | Recognises the right to a nationality. |
| International Covenant on Civil and Political Rights | 1966 | Article 24(3) | Provides that every child has the right to acquire a nationality. |
| Convention on the Rights of the Child | 1989 | Articles 7 and 8 | Protects a child’s right to acquire a nationality and preserve their identity. |
Conclusion
Nationality is an important concept in international law because it establishes the legal relationship between an individual and a state. It can be acquired by birth, descent, naturalisation and other legal methods. A person may sometimes possess double nationality or lose nationality under certain circumstances. However, statelessness creates serious difficulties because a person is left without the legal protection of any state. Therefore, international law seeks to protect the right to nationality, prevent arbitrary deprivation and reduce statelessness.
