Statelessness Working Paper Series No. 2017/02
(derived from the person’s membership to territories that were incorporated into India, i.e. Goa,
Daman and Diu,26 Dadar and Nagar Haveli,27 Pondicherry,28 and Sikkim.)29
The Citizenship (Amendment) Act, 1986 transformed the system from a jus soli regime to a system
largely based on jus sanguinis. Thus anyone born after the commencement of the Constitution on 26
January 1950 but before 1 July 1987 would be a citizen; however anyone born on or after 1 July 1987
would only be a citizen by birth if either parent is an Indian citizen.30 This was in response to the large
influx of migrants and refugees that were coming into India and raising concerns of national interest,
particularly in the state of Assam.31 This led the Government to become more stringent on the
provisions of its nationality laws by introducing the Citizenship (Amendment) Act, 1986. The Act also
inserted Article 6(A) which created special provisions as per the Assam Accord.32 Anyone of Indian
origin33 entering Assam before 1 January 1966 from a “specified territory”34, and resided in India since
were deemed Indian citizens.35 On the other hand, those entering Assam on or after 1 January 1966
but before 25 March 1971 from the specified territory, were ordinarily resident in Assam and
identified as a foreigners36 could register for citizenship.37 The second category of persons would have
the same rights as citizens except for voting rights.38 Persons who did not qualify for either of the two
were considered illegal migrants and rendered stateless.
The Citizenship (Amendment) Act of 1992 brought a positive change in relation to gender
discrimination in India’s citizenship law. Section 4 of the Principal Act provided that a person born
after 26 January 1955 but before the commencement of the Act is an Indian citizen by descent if the
father is Indian at the time of birth. This provision was amended by the Citizenship (Amendment) Act
of 1992 which provided that persons shall be Indian citizens if either of his/her parents is Indian. It
further replaced all references made to "male persons" with "persons" thus bringing India in line with
Article 9(2) of the Women’s Convention which requires States to grant women equal rights regarding
the nationality of their children.
The Citizenship (Amendment) Act, 2003 (6 of 2004) made major changes to the Principal Act. The Act
originally required residency in India or service of a Government in India for twelve years for periods
amounting in the aggregate of a minimum of nine years to be eligible for naturalisation; this was
26
Goa, Daman and Diu Citizenship Order, 1962
Dadar and Nagar Haveli (Citizenship) Order, 1962
28
Pondicherry Citizenship Order, 1962
29
Sikkim (Citizenship) Order, 1975
30
Section 3 (1), The Citizenship (Amendment) Act, 1955
31
See Chandra, B., Mukherjee, M., Mukherjee, A., ‘India since independence’, Penguin Books India Pvt. Ltd.,
New Delhi, 2008, p. 403
32
See Chapter 4.1
33
If either of his/her parent or grandparent was born in undivided India
34
Territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment)
Act, 1986
35
Section 6A (2), Citizenship (Amendment) Act, 1985
36
As per the Foreigners (Tribunal) Order 1964
37
Section 6A (3), Citizenship (Amendment) Act, 1985
38
Section 6A (4), ibid.
27
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