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Citizenship Laws: Jus Soli vs Jus Sanguinis Explained

Why in the news?

The U.S. issued an executive order limiting citizenship to children born to parents with U.S. citizenship or Green Cards, deviating from the long-practiced jus soli principle. India’s evolving citizenship laws also highlight key contrasts.

Key Citizenship Principles:

• Jus Soli (Right of Soil): Citizenship based on the place of birth, regardless of parents’ citizenship.
  • Followed by countries like Canada, Mexico, and Brazil.
• Jus Sanguinis (Right of Blood): Citizenship determined by the nationality of parents.
  • Adopted by countries like India, Germany, and Egypt.

Citizenship in the U.S. :

• Governed by the 14th Amendment (1868) under the jus soli
• The U.S. Supreme Court (1898) reaffirmed citizenship for all children born in the U.S., regardless of parents’ status.
• Recent executive order by President Trump seeks to limit citizenship to children born to parents holding U.S. citizenship or Green Cards.
• A federal court in Washington has temporarily stayed the order, citing its unconstitutionality.

Citizenship in India:

• Initially followed by jus soli until June 1987.
• Post-amendments (1987-2004): Either parent had to be an Indian citizen.
• Since December 2004: Both parents must be Indian citizens, or one parent must not be an illegal immigrant.
• Citizenship Amendment Act (CAA), 2019: Provides expedited citizenship for Hindus, Christians, Sikhs, Jains, Buddhists, and Parsis from Pakistan, Afghanistan, and Bangladesh who arrived before December 31, 2014.
• Critics argue that religious exclusion of Muslims undermines secularism, with the Supreme Court reviewing its constitutional validity.