The Supreme Court of the United States of America has ruled against the executive order by President Donald Trump which barred the longstanding principle of birthright citizenship enshrined in the 14th Amendment to the US Constitution. The ruling means that the widespread interpretation of the amendment — that anyone born in the US is automatically eligible for citizenship — remains in force. Mr Trump and his administration argue that the architects of that amendment intended it to benefit only the children of former slaves in the aftermath of the American Civil War and that children of undocumented immigrants born in the US ought not to be eligible. The US president has said he will seek other means — including via Congress — to try and limit citizenship rights. Regardless of whether he succeeds or fails in that endeavour, his very attempts underscore how the US and many other parts of the world have transformed from being empathetic homes for those in need to security-first states where citizenship norms are in a flux.

Different countries follow different citizenship policies — around 30 nations other than the US, many of them in South America, also allow birthright citizenship; others give citizenship based on the nationality of parents; and others still have a bouquet of routes that people can use to gain citizenship. Yet, around the world, many major nations — irrespective of their policies — are making it harder to gain citizenship. Portugal and Germany, for instance, have, in recent years, increased the duration for which residents need to stay in their countries before they become eligible for naturalised citizenship. Last year, Italy too tightened its rules: where earlier anyone who could prove that they had an Italian ancestor alive after 1861 was eligible, this bloodline path to citizenship is now available only to those who had at least one parent or grandparent born in Italy. While it is normal for societies to evolve in their understanding of citizenship and each country has the right to decide who it wants as a national, modern nations must adhere to two key principles: their policy must be fair and it must be clear and transparent.

In India, the ministry of external affairs recently stated that the country’s passport is not a certificate of citizenship. But the government has not answered what document it does deem valid as evidence of an Indian’s citizenship. Under India’s citizenship law, those born after 1987 — the majority of Indians — can claim nationality only if at least one parent is an Indian citizen. For those born after 2004, the bar is raised: both parents must be citizens, or one must be a citizen and the other a legal immigrant. The government is meant to verify these antecedents in issuing passports. That is why the world treats Indian passport-holders as Indian citizens. Whether in the US or in India, governments must remember that uncertainty over citizenship corrodes national unity, as well as individual and collective identities. That is best avoided.