Indian Nationality Law - British Nationality and India

British Nationality and India

Prior to 1 January 1949, Indians were British subjects under United Kingdom law. See British nationality law. Between 1 January 1949 and 25 January 1950, Indians remained British subjects without citizenship unless they had already acquired citizenship of the UK & Colonies or another Commonwealth country.

On commencement of the Indian Constitution on 26 January 1950, under British Nationality law a person who became an Indian citizen also had the status of Commonwealth citizen (also known as a British subject with Commonwealth citizenship, a status which does not entitle the person to use a British passport) by virtue of their Indian citizenship and India's membership of the Commonwealth. However, a number of Indians did not acquire Indian citizenship on commencement of the Indian Constitution and retained British subject without citizenship status (which entitles a person to a British passport) unless they had acquired citizenship of another Commonwealth country. Any person who is solely a British subject (otherwise than by connection with the Republic of Ireland) will automatically lose British subject status on acquiring any other nationality or citizenship including Indian citizenship or Indian Overseas citizenship.

British subjects may register as British citizens under section 4B of the British Nationality Act 1981 without requiring any UK residence if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. This facility has been available since 30 April 2003. Those who have immigrated to the UK may have additional options for acquiring British citizenship, which are usually preferred because they give transmissible British citizenship with otherwise than by descent status.

From 1949 the meaning of the term British subject was substantially different from what had previously been the case and meant little more than a term to describe someone holding the citizenship of a Commonwealth country. Only a British subject without citizenship was entitled to a British passport. See British subject.