אזרחות מלידה - שני הורים / מהגר לא חוקי (אחרי 2004)

IN-BTH-03 confers citizenship by operation of law at birth; there is no constitutive application. Proof requires establishing birth in India on or after 3 December 2004 plus the qualifying parental configuration: for limb (i), both parents' Indian citizenship at the birth date; for limb (ii), one parent's Indian citizenship plus that the other parent was not an illegal migrant (i.e. lawful entry and lawful presence within the permitted period, or coverage by the s2(1)(b) proviso). Practically this is evidenced by the child's birth certificate (Registration of Births and Deaths Act 1969) and parental documents (passports, visas/permits, citizenship records) fixing the position as at the birth date. Where doubt exists, s13 certification is available and is conclusive on its date absent fraud. There is no consular-registration step for an in-India birth. Note the broader 2004 regime context (s14A National Register of Indian Citizens / national identity cards) sits alongside but is not a condition of s3(1)(c) acquisition. Later voluntary foreign acquisition triggers automatic loss under s9(1).

IN-BTH-03 rests on section 3(1)(c) of the Citizenship Act 1955: a person 'born in India.. (c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), where— (i) both of his parents are citizens of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth.' This is the current, most-restricted form of India's jus soli, introduced by Act 6 of 2004 s.3 with effect from 3 December 2004 (substitution footnote, IN-PRIMARY-02 line 163). It couples a two-parent-citizen limb (i) with a mixed limb (ii) that admits a single Indian-citizen parent only if the OTHER parent is not an 'illegal migrant' as defined in s2(1)(b). The route is territorially anchored by the s3(1) chapeau and subject to the s3(2) exclusions. It is the live birth rule as of 2026-07 and imports the definitional 'illegal migrant' switch (s2(1)(b)), which itself carries the Citizenship (Amendment) Act 2019 proviso.