– Under the Constitution, citizenship is granted to those who came in from Pakistan (includes present day Bangladesh), before 19 July 1948. Which means that anyone coming from Pakistan after 19 July 1948 to India is a foreigner. However, in the case of Assam, the applicable date is 25 March 1971, pursuant to the Assam Accord of August 1985, under which all those who came in from erstwhile East Pakistan (Bangladesh) before such date were granted citizenship. This was done by amending the Citizenship Act, in 1986, specifically for Assam. In other words, Assam has to take the additional burden of foreigners who were granted citizenship between 19 July 1948 and 25 March 1971.

– Citizenship by birth is acquired by anyone born on Indian soil; under the Citizenship Act, citizenship by birth is acquired by those born on Indian soil for different periods from independence till date in the following manner:-

—– Between 26 January 1950 to 01 July 1987, by birth regardless of the fact whether parents are citizens or illegal migrants/ foreigners.

—– Between 01 July 1987 to 03 December 2004, by birth with the condition that one of the parents has to be a citizen, by implication the other can be an illegal migrant/ foreigner.

—– After 03 December 2004, by birth, both parents have to be citizens, or one can be a citizen and the other is not an illegal migrant.