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Legal Help Desk By Keshav Choudhary
International Law
Topic Cover
1. Meaning & Definition of Nationality
& Nationality
2. Difference between Citizenship and
nationality
3. Modes of Acquiring of Nationality
Legal Help Desk By Keshav Choudhary
Nationality
Nationality is the legal status, which represents the country from which an
individual belongs. An individual’s nationality denotes, the country where
he/she is born and are the legal citizen. The status is acquired by birth,
inheritance or naturalization. On the basis of constitutional provisions, every
state sets the criteria which determine who can be the nationals of the
country.
Based on international conventions, every sovereign state is entitled to
determine its nationals, as per nationality law. One has the right enter or
return to the country; they came from.
Second-class citizen-The person who are national but they are not
granted full rights of the country are known as a second-class citizen.
Legal Help Desk By Keshav Choudhary
Legal Help Desk By Keshav Choudhary
Citizenship
• Citizenship is a status acquired by becoming a registered member
of the state by law. Any person can become a member of the
state by satisfying the legal requirements of the respective
country. In simple terms, the virtue of being the citizen of the
country is called citizenship.
• Once the person becomes a citizen of the state, he has the right
to vote, work, reside, pay taxes and take an active part in the
country. Every person is a citizen of the country where he/she is
born, but to become a citizen of some other country, one needs
to apply for it.
Legal Help Desk By Keshav Choudhary
Difference between Nationality & Citizenship
Nationality and citizenship are one of the most misconstrued terms,
in the world. For a layman, the term nationality works as a substitute
for citizenship and vice versa. But in reality, the difference between
nationality and citizenship is quite evident, that we cannot ignore it.
The nationality of a person, reveals his/her place of birth, i.e. from
where he/she belongs. On the contrary, citizenship is granted to an
individual by the government of the country, when he/she complies
with the legal formalities. It is the status of being a citizen of a country
Legal Help Desk By Keshav Choudhary
1. The status arising out of the fact
that a person is the origin of a
particular nation is called
Nationality.
2. The nationality of a person
indicates his/her place or country
of birth
3. The nationality of a person cannot
be changed.
4. A person cannot be a national of
more than one country.
1. Citizenship is the political status that
can be obtained by meeting the legal
requirements set by the government
of the state.
2. The citizenship of a person shows that
the individual is registered as a citizen
by the government of the respective
country.
3. Citizenship can be changed.
4. A person can possess citizenship of
more than one country at a time.
Legal Help Desk By Keshav Choudhary
Legal Help Desk By Keshav Choudhary
Modes of Acquisition of Nationality & Citizenship
A person may acquire the nationality of a state in accordance with the rule
of municipal law. Mode of acquisition of nationality is not uniform. It differs
from state to state.
The constitution of India deals with the citizenship from the articles 5 to 11
under Part II. The Citizenship Act, 1995 prescribes 5 way of acquiring
citizenship i.e.
1. Birth
2. Descent
3. Registration
4. Naturalization
5. Incorporation of the territory
Legal Help Desk By Keshav Choudhary
• 1. By Birth- Nationality is conferred to a person by many state on the basis
of birth. All those persons whose birth take place within the territorial limits
of that state acquire the nationality of that state. The above principle is
called “Jus Soil”. UK,U.S.A and many other state recognize the principle of
“Jus Soil”. According to Indian citizenship Act 1955 u/s it is mentioned that
Indian Nationality can be acquired by birth & citizenship on the age of 18.
Legal Help Desk By Keshav Choudhary
2. By Descent- Nationality of a state also be acquired by a person on the
basis of the nationality of either of parents. A child may become national of
the state In his/her parents have nationality.
3. By naturalization- Naturalization (or naturalisation) is the legal act or
process by which a non-citizen in a country may acquire citizenship of that
Country. A person may acquire citizenship through naturalization in many ways
a. Marriage
b. Legitimation
c. Appointment of government official
d. Adoption
Legal Help Desk By Keshav Choudhary
4. By Resumption- A person who lost his citizenship by naturalization may
acquire the nationality of the same state again. The acquisition of this kind is
called re-integration or by resumption.
5. By Subjugation- A person may acquire the nationality through subjugation
after conquest. When a pat of the territory of a state or state itself is
subjugated by another state, all the inhabitants of the territory become the
national of annexing state.

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Nationality & Citizenship in international law

  • 1. Legal Help Desk By Keshav Choudhary International Law Topic Cover 1. Meaning & Definition of Nationality & Nationality 2. Difference between Citizenship and nationality 3. Modes of Acquiring of Nationality
  • 2. Legal Help Desk By Keshav Choudhary Nationality Nationality is the legal status, which represents the country from which an individual belongs. An individual’s nationality denotes, the country where he/she is born and are the legal citizen. The status is acquired by birth, inheritance or naturalization. On the basis of constitutional provisions, every state sets the criteria which determine who can be the nationals of the country. Based on international conventions, every sovereign state is entitled to determine its nationals, as per nationality law. One has the right enter or return to the country; they came from. Second-class citizen-The person who are national but they are not granted full rights of the country are known as a second-class citizen.
  • 3. Legal Help Desk By Keshav Choudhary
  • 4. Legal Help Desk By Keshav Choudhary Citizenship • Citizenship is a status acquired by becoming a registered member of the state by law. Any person can become a member of the state by satisfying the legal requirements of the respective country. In simple terms, the virtue of being the citizen of the country is called citizenship. • Once the person becomes a citizen of the state, he has the right to vote, work, reside, pay taxes and take an active part in the country. Every person is a citizen of the country where he/she is born, but to become a citizen of some other country, one needs to apply for it.
  • 5. Legal Help Desk By Keshav Choudhary Difference between Nationality & Citizenship Nationality and citizenship are one of the most misconstrued terms, in the world. For a layman, the term nationality works as a substitute for citizenship and vice versa. But in reality, the difference between nationality and citizenship is quite evident, that we cannot ignore it. The nationality of a person, reveals his/her place of birth, i.e. from where he/she belongs. On the contrary, citizenship is granted to an individual by the government of the country, when he/she complies with the legal formalities. It is the status of being a citizen of a country
  • 6. Legal Help Desk By Keshav Choudhary 1. The status arising out of the fact that a person is the origin of a particular nation is called Nationality. 2. The nationality of a person indicates his/her place or country of birth 3. The nationality of a person cannot be changed. 4. A person cannot be a national of more than one country. 1. Citizenship is the political status that can be obtained by meeting the legal requirements set by the government of the state. 2. The citizenship of a person shows that the individual is registered as a citizen by the government of the respective country. 3. Citizenship can be changed. 4. A person can possess citizenship of more than one country at a time.
  • 7. Legal Help Desk By Keshav Choudhary
  • 8. Legal Help Desk By Keshav Choudhary Modes of Acquisition of Nationality & Citizenship A person may acquire the nationality of a state in accordance with the rule of municipal law. Mode of acquisition of nationality is not uniform. It differs from state to state. The constitution of India deals with the citizenship from the articles 5 to 11 under Part II. The Citizenship Act, 1995 prescribes 5 way of acquiring citizenship i.e. 1. Birth 2. Descent 3. Registration 4. Naturalization 5. Incorporation of the territory
  • 9. Legal Help Desk By Keshav Choudhary • 1. By Birth- Nationality is conferred to a person by many state on the basis of birth. All those persons whose birth take place within the territorial limits of that state acquire the nationality of that state. The above principle is called “Jus Soil”. UK,U.S.A and many other state recognize the principle of “Jus Soil”. According to Indian citizenship Act 1955 u/s it is mentioned that Indian Nationality can be acquired by birth & citizenship on the age of 18.
  • 10. Legal Help Desk By Keshav Choudhary 2. By Descent- Nationality of a state also be acquired by a person on the basis of the nationality of either of parents. A child may become national of the state In his/her parents have nationality. 3. By naturalization- Naturalization (or naturalisation) is the legal act or process by which a non-citizen in a country may acquire citizenship of that Country. A person may acquire citizenship through naturalization in many ways a. Marriage b. Legitimation c. Appointment of government official d. Adoption
  • 11. Legal Help Desk By Keshav Choudhary 4. By Resumption- A person who lost his citizenship by naturalization may acquire the nationality of the same state again. The acquisition of this kind is called re-integration or by resumption. 5. By Subjugation- A person may acquire the nationality through subjugation after conquest. When a pat of the territory of a state or state itself is subjugated by another state, all the inhabitants of the territory become the national of annexing state.