Nationality

Question 1

Definition: -

Answer 1

“ The legal relation of the sovereign state and the citizen is said to be nationality.”

Question 2

Explanation: -

Answer 2

Nationality refers to a relationship between a person and their nation, or in legal terms, a country i.e. a place to whom a person has (or is claimed to “owe”) their origin, culture, familiarity, association, affiliation, fidelity, and loyalty.
The nationals of a country generally possess the right of abode in the territory of the country whose nationality they hold. Nationality of an individual is the quality of bieng a subject of a certain state and therefore its citizens. Nationality forms a continuiting state of things and not a physical fact which occurs at a prticular moment.

Question 3

Nationality is regulated by

Answer 3

municipal laws

Question 4

But in conflict of municipal and international laws always been happen,

Answer 4

creating a lot of problems, due to ununiformity of municipals laws of the nations. So, to overcome these problems some international rule have also been recognizes and others are attempted to be recognized in this behalf. As for example, double nationality, statelessness etc.

Question 5

Modes of Acquisition of Nationality: -
Different states have different rules regarding nationality, so there are different rules in each state has for acquisition of nationality. There may be any of the following modes in different states of acquisition of nationality.

Answer 5

1. By Birth (jus soli)
2. By Descent ( jus sanguinis.)
3. By Naturalization
4. By Resumption
5. By Subjugation
6. Be Cession
7. By Option
8. By Registration

Question 6

1. By Birth: -

Answer 6

The first important and chief mode of acquisition of nationality is by birth. Every person acquires nationality by birth. The principle of acquisition of nationality by birth is known as jus soli

Question 7

2. By Descent:

Answer 7

Nationality may also be acquired by a person on the basis of the nationality of either parents. The principle is called jus sanguinis.

Question 8

3. By Naturalization: -

Answer 8

Nationality may also be acquired by naturalization. Nationality by naturalization means that the acquisition of nationality when a person becomes citizen of a state for a specified course of time

Question 9

4. By Resumption: -

Answer 9

Acquisition of nationality by resumption means to resume the previous nationality. Sometimes it may happen that a person loss his nationality due to several reason, so subsequently he may acquire the nationality of the previous state.

Question 10

5.By Subjugation: -

Answer 10

In case of conquest of a state by another state all the citizens of the defeated state become the nationals of the conquering state, the mode of acquisition is said to be acquisition of nationality by subjugation.

Question 11

6. Be Cession: -

Answer 11

When a state or a part of a state is ceded to another state, all the nationals of the former state acquire the nationality of the state in which their territory has been so merged.

Question 12

7. By Option: -

Answer 12

Nationality may also be acquired by option, in case where a parent state has been partitioned into two or more states. In such a case the inhabitants have an option to acquire the nationality of any of the successor states.

Question 13

8. By Registration: -

Answer 13

Nationality of a state may be acquired by registration in that state. The laws as to acquisition of nationality by registration are different in different states.

Question 14

Modes of Loss of Nationality: - A person may loss his nationality of a state due to any of the following modes:

Answer 14

1. By Release
2. By Deprivation
3. By Renunciation
4. By Residence Abroad
5. By Substitution

Question 15

1. By Release

Answer 15

In some states the citizens have been given a right to release their nationality. The loss of nationality by release shall only take place when an application is made by the applicant to that effect, and when such application has been accepted. In such a case the concerned person is deemed to be released from the state concerned

Question 16

2. By Deprivation: -

Answer 16

Nationality may also be lost by deprivation. In other words when the authority of a state deprive a person from being its national due some reason, the person concerned is deemed to loss nationality by deprivation. To deprive a person from his nationality any of the following reasons may be invoked by the authority doing so;
• If registration or certificate of naturalization has been obtained by means of fraud, false representation or by concealing any material fact or;
• If he has been disloyal or disaffected to the integrity of the concerned sovereign state,
• If he has done by prejudicial act or traded with enemy while the state, in which he has the nationality, is at war with that state,
• If he has been continuously resided in a foreign country for a length of years.

Question 17

3. By Renunciation: -

Answer 17

A person may also has a right to renounce his nationality in a case where he obtains nationalities of more than one state. In such a case he has to make a choice as to retain one of the nationality in which he want to be a national.

Question 18

4. By Residence Abroad:

Answer 18

Nationality may be lost by reason of expiration. In other words when a person resides abroad for a length of time. In such a case by the operation of municipal law of that state, he may loss his nationality.

Question 19

5. By Substitution: -

Answer 19

Loss of nationality by substitution means the loss of nationality of one state in place of attaining of nationality of another state. That is to say, when a person acquires a nationality of one state in place of nationality of another state, he losses the nationality of the other state.