Discuss various modes of acquisition and loss of Nationality.

Modes of Acquisition of Nationality

1. Acquisition by Birth (Jus Sanguinis & Jus Soli)

Nationality acquired at birth can occur through two primary principles: jus sanguinis (right of blood) and jus soli (right of soil). Many countries, including India, primarily follow jus sanguinis. However, some, like the United States and Canada, largely adhere to jus soli.

• Jus Sanguinis: Nationality is determined by the nationality of the parents. The Citizenship Act, 1950 (India) largely operates on this principle.
• Jus Soli: Nationality is determined by the place of birth. The US Constitution's Fourteenth Amendment is a key example.

2. Acquisition by Descent

This involves inheriting nationality from one's parents, even if born abroad. Rules vary significantly. For instance, Germany allows descendants of German citizens to claim German nationality under specific conditions.

3. Acquisition by Naturalization

Naturalization is the process by which a foreign national becomes a citizen of another country. Requirements typically include residency, good moral character, knowledge of the language and culture, and an oath of allegiance. The Citizenship (Amendment) Act, 2019 is a recent example impacting naturalization pathways in India, although it has been subject to legal challenges.

4. Acquisition by Option

This occurs when a person is given the option to choose a nationality, often due to changes in borders or laws. For example, after the partition of India in 1947, individuals had the option to choose either Indian or Pakistani nationality.

5. Acquisition by Incorporation

This happens when a territory is incorporated into a state, and the inhabitants are granted nationality. The annexation of Goa by India in 1961 is an example; the Goan population was automatically granted Indian citizenship.

Modes of Loss of Nationality

1. Voluntary Renunciation

An individual can voluntarily relinquish their nationality. This often requires a formal declaration and may be subject to conditions, such as possessing another nationality.

2. Deprivation

A state can deprive a person of their nationality if they have engaged in actions detrimental to the state’s interests, such as treason or espionage. This power is often carefully circumscribed to prevent statelessness. The Indian Constitution allows for deprivation under certain circumstances.

3. Statutory Loss

Some countries have laws that automatically cause a loss of nationality under specific circumstances, such as acquiring another nationality. Many European countries historically had this, but many have relaxed these rules.

4. Expulsion

Expulsion is the forceful removal of a person from a country, which may also result in loss of nationality, though it is less common than other methods.

Mode of Acquisition/Loss	Description	Example
Jus Soli	Nationality based on place of birth.	United States grants citizenship to anyone born within its territory.
Naturalization	Becoming a citizen through a legal process.	A foreign national residing in the UK for a specified period can apply for citizenship.
Voluntary Renunciation	Giving up one's nationality.	An individual may renounce US citizenship if they wish to acquire another nationality.
Deprivation	Loss of nationality due to disloyalty.	A citizen convicted of treason may be deprived of their nationality.

Dual nationality, where an individual holds citizenship of two or more countries, is increasingly common, though not universally permitted. Statelessness, the condition of not having any nationality, is a significant humanitarian concern, and international conventions aim to minimize it.