Research on Modes of Acquiring and loss of Nationality

Nationality is the medium through which an Individual can enjoy the benefits
from International Law. A State exercises jurisdiction over its nationals,
traveling or residing aboard, remain under its personal supremacy.
International Law permits the exercise of such jurisdiction and sets the limits
within which it can be exercised. The term Nationality signifies the legal tie
between Individuals and the States.

Charles G. Fenwick -

Nationality may be defined as a bond which unites a person to a given State,

which constitutes his membership in the particular State, which gives them a
claim to the protection of that state and which subjects him to the obligations
created by the laws of that State.

J.G Starke -

Nationality may be defined as the legal status of membership of the

collectivity of individuals whose acts, decisions and policy are
vouchsafed through the legal concept of the State representing those
individuals.

Modes of Acquiring Citizenship :

According to Oppenheim there are five modes of acquiring of Nationality

are as follows -

1) By Birth -

The first and the most important mode of acquiring nationality is by birth.
Nationality is conferred to a person by many States on the basis of birth. All
those persons take birth within territorial limit of a State acquire the
nationality of the State.

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2) By Naturalization - The second mode of acquiring a Nationality is by
naturalization. A person requires nationality at birth. However, his nationality
may later on change. When the nationality of a person changes subsequently,
and he acquires the nationality of some other State, the process of acquisition
is known as naturalization. A person may acquire nationality through
naturalization in different ways. There are six ways which are as follows -
(1) Through marriage. Example wife assuming her husband's
nationality.
(2) legitimation,
(3) Option.
(4) Acquisition of domicile,
(5) Appointment as Government official
(6) Grant on the application of the state. Adoption of the child by
parents who are nationals of the other States also entitled the children to
acquire the nationality of his parents. Section 6 of Indian Citizenship Act 1955
provides that a person make acquire citizenship by naturalization upon
fulfillment of certain conditions.

3) By Resumption -

The third mode of acquiring Nationality is by resumption. Sometimes a

person may lose his nationality because of certain reasons. Subsequently, He
may resume, recover his original nationality after fulfilling certain conditions.
4) By Subjugation -

The fourth mode of acquiring nationality is subjugation. Section 7 of the

Indian Citizenship Act 1955 Lays down that if any territory becomes a part of
India those persons from such territory shall automatically become Citizen of
India.

5) By Cession -

The fifth mode of acquiring Nationality is Cession. When a part of the

territory of a state is ceded to another State. All Nationals of the former
acquires the nationality of the latter State.

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6) By Option -

When a state is proportioned into two or more States, the nationals of the
former state have an option to become the nationals of any of the successor
States. The same principle applies in the case of exchange of territory.

7) By Registration -

A person may acquire the nationality of a State through Registration. The

process of registration may be different from one State to another depending
upon the laws of that State. It takes place when a person becomes the subject
of a state to which he was before an alien.

Following are the modes of loss of Nationality

According to Oppenheim, there are five Modes of losing Nationality are

as follows:

1) By Release:

Some States, such as Germany., Law provides that the citizens may
lose the nationality by release. In the loss of nationality by release it is
necessary to submit an application for the same. If the Application is accepted,
the person concerned is released from the nationality of the State concerned.

2) Deprivation:

Certain States have framed some municipal laws the breach of which
by its nationals results in the deprivation of their nationality. Under the
American laws, service in the armed forces of a foreign State also results in
deprivation of citizenship.

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3) Expiration:

In certain States, on account of legislation citizenship expires due to

long stay abroad. A naturalist American citizen loses his nationality by having s
continuance residence for three years in the territory of a foreign state of
which he was formerly a national or in which the place of his birth is situated.

4) Renunciation:

A person may also renounce his nationality. The need for renunciation
arises when a person acquires the nationality of more than one State. In such a
condition he has to make a choice as to of which country he will remain
national .Finally, he has to renounce the nationality of one State.

5) Substitution: Some States provide for the substitution of nationality.

According to this principle, a person may get nationality of a state in place of
the nationality of another State. This is called nationality by substitution
whereby he loses nationality of state and acquires the nationality of another
State. The British nationality Act 1948, does not automatically entail loss of
British nationality on the naturalisation of a British subject in a Foreign State.
The United States nationality Act of 1952, however, entails loss of American
nationality on the voluntary naturalisation of an American National in a foreign
country. In certain States, law provides that if the national of that State
without seeking permission of the government obtains employment in another
State, then he may be deprived of his nationality