Meaning of Nationality, Modes of
Acquisition , Citizenship & Its
Loss
7 years ago
Meaning of Nationality, Modes of Acquisition , Citizenship & Its Loss
Meaning of Nationality, Modes of
Acquisition , Citizenship & Its Loss- Human
Right Law- INTERNATIONAL LAW
Synopsis
Introduction
Meaning
Modes of Acquisition of Nationality
Difference between Nationality and Citizenship
Modes of Loss of Nationality
Conclusion
Introduction
The people who belong to a particular nation owe faithfulness to that
State. Such individuals who owe permanent faithfulness to a nation
are known as nationals of that State. Thus, Nationality can be
defined as “a person’s status who owe allegiance (loyalty) to a state.”
The concept of Nationality implies that there is a legal relation
between individuals and the State and through it, an individual enjoys
the benefits of International Law. The states are empowered to
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exercise jurisdictions over its nationals whether travelling or residing
abroad, all stay under state’s supremacy.
Meaning
Prof. Oppenheim defines Nationality as “a quality of a person, him
being a subject of state.” A person’s nationality is determined
according to the rules of Municipal Law. In Nottebohn Case, the
International Court of Justice defined Nationality as a legal bond
between a state and an individual where there exists attachment,
connection of existence, sentiments, interests, and reciprocal rights
and duties. It may additionally be said to constitute the juridical
expression of the reality that the character upon whom it is
conferred, both immediately by the regulation or as a result of an act
of authorities is in fact extra closely connected with the population of
the State conferring nationality than with that of any different state.
Modes of Acquisition of Nationality
An individual can also acquire the nationality of a state in accordance
with the rules of Municipal Law. It implies that Municipal Law
determines as to who may additionally be a national of a specific
state. Modes of acquisition of nationality consequently are no longer
uniform.
The modes of acquiring nationality of a state are as follows:
Birth: Many states confer Nationality to a man or woman on the
groundwork of birth. The persons who take birth inside territorial
limit of a country becomes entitled to nationality of that state. This
principle is referred to as jus soli. United Kingdom, United States and
many different states follow the precept of jus soli. In India,
nationality is conferred on the basis of birth under Section 3 of
Indian Citizenship Act, 1955.
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Descent: An individual can obtain nationality of a State with the aid
of an individual on the groundwork of nationality of either parents.
Thus a baby can also turn out to be a national of that State of which
his dad and mom are nationals. This principle is acknowledged as jus
sanguinis and have been acquired by Germany and France for
conferring Nationality. United Kingdom and United States recognizes
this principle as well along with the principle of jus soli. In India, an
individual can be an Indian National on the basis of principle of jus
soli under Section 4 of the Indian Citizenship Act, 1955.
Naturalization: Nationality of a person can be changed after birth of
a person and acquiring of nationality of other state is known as
acquisition of nationality through naturalization. Examples of
Naturalization are Marriage, legitimation, domicile acquisition,
appointment as Government official, and grant of application and
Adoption of children by parents who are nationals of other states. In
India, nationality is conferred through Naturalization under Section 6
of Indian Citizenship Act, 1955.
Resumption: If a person loses his nationality due to some
reasons, he can resume it after fulfillment of conditions provided
under Section 20 of Citizenship Rules, 1956, which provides
for procedure of restoration of nationality.
Subjugation: If a territory becomes part of India, people of such
territory acquire citizenship as per Section 7 of Indian Citizenship
Act, 1955.
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Cession: If a state is being ceded territory of another state, all
the nationals of latter state acquire nationality of former state.
Option: The nationals of a state which is partitioned into two or
more states have an option to become nationals of any of the
successor states. This principle is also applicable when the
territories are exchanged.
Registration: Nationality can also be acquired through
registration. The process may differ from one state to other in
accordance to laws of the respective States. Indian Citizenship
Act, 1955 under Section 5 provides for the categories of
individuals who can acquire Indian citizenship through the
process of registration.
Modes of Loss of Nationality-
Release: Laws of some states provide that citizens can lose
nationality through release. An application for loss of nationality
is required to be submitted. On acceptance of such application,
the individual loses nationality of the concerned state.
Deprivation: If a national of a state obtains employment in
another state without obtaining permission of the state to which
he belongs, he may be deprived of nationality in accordance
with the laws of that state.
Long Residence Abroad: The Law of many States provides for
loss of nationality if an individual is residing abroad since long
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period.
Renunciation: A person can also renounce the nationality of a
state if he has acquired nationality of more than one state. In
such cases, he has to decide whether he will remain a national
or not. After making such decision, he can either renounce the
nationality or decide to be a national.
Substitution: According to principle of substitution, an
individual can get nationality of a state in substitution of
nationality of the other state. In substitution, a person loses
nationality of one state and replaces it with other state’s
nationality.
Conclusion
Nationality is a quality of a person which tells about his
belongingness to a particular state. It is determined by the rules of
Municipal Law. It is a legal bond between a state and an individual
where there exists attachment, connection of existence, sentiments,
interests, and reciprocal rights and duties and a medium through
which an individual is entitled to seek benefits under International
Law. The modes of acquiring nationality and modes of losing
nationality differ from state to state in accordance to the laws of
particular states.
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