International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 3
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From Jus Soli to Jus Sanguinis: The Changing Contours of Indian Citizenship

Author(s) Ms. Ipsita Das
Country India
Abstract The Indian law of citizenship has undergone a fundamental change since the Constitution came into force in 1950. The 2019 Citizenship Amendment Act (CAA) is the latest in a series of amendments to the Citizenship Act, 1955, which have moved Indian citizenship away from its original footing in the inclusive, territorially-based principle of jus soli (citizenship by place of birth) to jus sanguinis (citizenship by descent or bloodline) and ultimately to religious differentiation. This paper critically examines the trajectory of this shift drawing upon Niraja Gopal Jayal’s analysis in the Oxford Handbook of the Indian Constitution, relevant judicial precedents and contemporary debates around the NRC (National Register of Citizens) and the NPR (National Population Register).This paper argues that the move from jus soli to jus sanguinis is not merely a technical legislative change but a substantive departure from the secular, egalitarian and pluralist vision of the framers of the Constitution. It further examines the constitutional implications of this transformation, particularly for marginalized communities, undocumented persons and religious minorities, and questions whether the current legal framework still conforms to the guarantees of fundamental rights under articles 14 and 21 of the Indian Constitution.
Keywords Citizenship, Jus Soli, Jus Sanguinis, Citizenship Amendment Act 2019, Indian Constitution, Secularism, Fundamental Rights
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-05-26
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E-ISSN 2582-2160
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