2020 Statelessness & Citizenship Review 2(2) became visible during the controversies concerning the revisions of history textbooks by the BJP party between 1998 and 2004. The revisions presented an ‘Indianised, nationalised and spiritualised’ education, and the subsequent move by the Congress United Progressive Alliance government to ‘detoxify’ school education. 134 The return to power of the BJP in 2014 and recent rise of populist nationalism added complexity to the scenario. It confirmed a trend from jus soli towards jus sanguinis that is based on the citizenship of an individual’s parents as well as a tendency to discriminate against persons of the Muslim faith. Hindus do not always benefit from such trends, as seen with the Tamil Hindus from Sri Lanka. 135 From 1858 to 1947, India was under British colonial domination through the East India Company. During this time, native Indians were formally recognised as British subjects but were substantially treated as second class citizens. The British Nationality and Status of Aliens Act 1914 codified citizenship, and was based primarily on jus soli (‘any person born within His Majesty’s dominions’). 136 The birth of India in 1947 and the partition of its former territory, leading to the creation of Pakistan, deeply influenced citizenship policy from then onwards. The partition included the forcible displacement of thousands of persons across the new borders at a time when Indian citizenship was undefined. Moreover, the potential citizenship claims of large numbers of persons of Indian descent in Burma, Malaya, Fiji and Ceylon needed to be resolved. 137 B Erosion of Jus Soli The 1950 Constitution of India established that persons born in the territory of India, persons whose parents were born in India or persons who had lived for five years preceding the Constitution were Indian citizens. 138 The Constitution also contained provisions for the conferral of citizenship for persons who had fled Pakistan. In addition, it created rules for persons born in the territory of India prior to partition who had relocated to Pakistan and later on would decide to move back to India. The rules for those who fled Pakistan before 19 July 1948 (mostly Hindus) were more relaxed than rules for those who returned to India afterwards (primarily Muslims), which required a recognition by an official within a certain deadline. 139 The principle of jus soli was therefore restricted through policies based on the inter-communal tensions of the time, where Muslims were often viewed with suspicion and targeted for exclusion. The definition of the ‘other’ and the legitimate citizen, influenced by nativist ideology, had a fundamental role. In this sense, the north eastern State of Assam, bordering Bangladesh, has been at the centre of such tensions since independence. This signifies an interesting parallel with Rakhine State in Myanmar. 134 Sylvie Guichard, The Construction of History and Nationalism in India: Textbooks, Controversies and Politics (Routledge 2010) 17. 135 Ashna Ashesh and Arun Thiruvengadam, Report on Citizenship Law: India (Report, Globalcit 136 137 138 139 2017) 3 <https://cadmus.eui.eu/handle/1814/47124> (‘Report on Citizenship Law: India’). British Nationality and Status of Aliens Act 1914 s 1. Report on Citizenship Law: India (n 135) 5. Constitution of India 1950 s 5. ibid ss 5–7. 214