Q7. (a) Examine the definition, meaning of 'Nationality' and modes of acquisition of nationality. Also, make a distinction between Nationality and Citizenship.

Definition and Meaning of Nationality

Nationality refers to the quality or condition of being a national of a particular state. It signifies membership in the national community of a state and is the legal bond having for its chief consequence the system of rights and duties binding a citizen in the sphere of international law.

• Legal Bond: It establishes a legal relationship between an individual and a state, recognized under international law.
• Basis for Rights and Duties: Nationality determines an individual's entitlement to rights (e.g., protection abroad, certain domestic privileges) and their imposition of duties (e.g., allegiance, military service, taxation) towards the state.
• Diplomatic Protection: A state generally has the right, and sometimes the duty, to exercise diplomatic protection over its nationals abroad.
• Identity and Belonging: It provides a sense of identity and belonging to a specific political community.
• Subjectivity vs. Objectivity: While traditionally viewed as a matter primarily within a state's domestic jurisdiction, international law increasingly requires a genuine link between the individual and the state for nationality to be opposable to other states (e.g., the Nottebohm case principle).

Modes of Acquisition of Nationality

Nationality can be acquired either at birth or later in life. The methods vary significantly among states, often based on historical, political, and social considerations.

1. Original Acquisition (At Birth)

• Jus Soli (Right of Soil): Nationality is acquired by individuals born within the territorial limits of a state. This principle emphasizes place of birth. Many countries in the Americas primarily follow this.
• Jus Sanguinis (Right of Blood): Nationality is acquired based on the nationality of one or both parents. This principle emphasizes descent or parentage. Many European and Asian countries emphasize this.
• Mixed Principles: Most states employ a combination of *jus soli* and *jus sanguinis*, often with additional conditions (e.g., birth in the country to parents who are legal residents, or birth abroad to parents who are nationals).

2. Derivative Acquisition (After Birth)

• Naturalization: This is the process by which a foreign national voluntarily acquires the nationality of another state after fulfilling certain statutory requirements. Requirements typically include:
  • Minimum period of residence.
  • Good character.
  • Knowledge of the national language and constitution/laws.
  • Renunciation of previous nationality (in some states).
  • Oath of allegiance.
  Naturalization can be ordinary, special (e.g., for investment, exceptional merit), or granted to spouses, children, etc.
• Marriage: Some states grant nationality automatically or facilitate its acquisition for individuals marrying their nationals. However, this is increasingly regulated to prevent misuse.
• Adoption: Children adopted by nationals may acquire the nationality of their adoptive parents, often subject to specific legal procedures.
• Repatriation: Restoration of nationality to former nationals who lost it under certain circumstances.
• Cession of Territory: When territory is transferred from one state to another, the inhabitants may acquire the nationality of the successor state, often through option clauses or automatic provisions.
• Registration/Declaration: Certain categories of persons (e.g., children born abroad to national parents who were not registered promptly) may acquire nationality through formal registration or declaration.

Distinction Between Nationality and Citizenship

While often used interchangeably in common parlance, Nationality and Citizenship have distinct meanings, particularly in legal and political contexts. Citizenship is generally considered a subset or a specific type of nationality, focusing more on the domestic political rights within a state.

Comparison: Nationality vs. Citizenship

Feature	Nationality	Citizenship
Scope	Broader concept; refers to the legal bond between an individual and a state under international law. It encompasses all individuals considered members of the state's populace.	More specific concept; typically refers to the status of possessing full political rights within a state, allowing participation in governance (e.g., voting, holding office). Often defined by domestic law.
Legal Basis	Rooted in both international law (e.g., right to diplomatic protection) and domestic law (rules for acquisition/loss).	Primarily defined and regulated by the domestic constitutional and statutory law of a state.
Rights Conferred	Includes fundamental human rights, right to state protection abroad, and potentially civil rights. May or may not include full political rights.	Includes full civil and political rights, such as the right to vote, contest elections, hold public office, and serve on a jury (in common law systems). Also includes fundamental rights.
Obligations	Allegiance, obedience to laws, potential military service, taxation.	Includes all obligations of nationality, plus active participation in the political life of the state where applicable.
International Recognition	Recognized internationally, forming the basis for diplomatic protection.	Primarily a domestic legal status, though aspects like passports (issued to citizens) are internationally recognized documents.
Example Scenario	A foreign resident in India may have Indian nationality (in the sense of being subject to Indian law and owing allegiance) but lacks Indian citizenship (cannot vote). A person born in France to non-EU parents might acquire French nationality by birth (*jus soli*) but citizenship rights might depend on further conditions or parental status.	An Indian national who meets the criteria under the Constitution and Citizenship Act holds Indian citizenship, granting them the right to vote, hold the office of President, etc. A naturalized citizen holds citizenship.

In essence, all citizens are nationals, but not all nationals are necessarily citizens with full political rights. For instance, individuals residing in a territory under international mandate or protectorate might be considered nationals of the protecting state without holding full citizenship rights. Similarly, in many countries, resident aliens are subject to the laws of the land (akin to a form of nationality) but do not possess citizenship rights.