Court rejects Trump bid to limit birthright citizenship
The US Supreme Court's 6-3 ruling rejecting Trump's executive order limiting birthright citizenship is significant for comparative constitutional law, a recurring theme in GS II. It reinforces the concept of jus soli (birthright citizenship) enshrined in the 14th Amendment, which contrasts with India's citizenship framework under Articles 5-11 and the Citizenship Act. UPSC often asks aspirants to compare constitutional provisions across democracies, and such landmark rulings provide rich comparative material.
Key facts
- US Supreme Court ruled 6-3 against Trump's executive order seeking to limit birthright citizenship.
- This is the second major Trump initiative invalidated by the court in 2025, after February's ruling striking down his sweeping global tariffs.
- Birthright citizenship in the US is guaranteed by the 14th Amendment to the US Constitution (ratified 1868).
- The 14th Amendment states all persons born on US soil are citizens — a principle known as jus soli.
- India, by contrast, follows a modified jus soli principle; citizenship by birth is governed by the Citizenship Act, 1955, as amended in 2003 and 2019.
- The ruling has implications for the scope of executive power vis-à-vis constitutional amendments in the US.
The 6-3 ruling marked the second time this year that the court has invalidated a major Trump initiative, following its February decision to strike down his sweeping global tariffs.
Concepts to know
Latin for 'right of the soil' — a principle of citizenship law whereby any person born on a country's territory automatically acquires citizenship, regardless of the parents' nationality. The US 14th Amendment enshrines this.
Ratified in 1868 post-Civil War, it grants citizenship to all persons born or naturalised in the US and subject to its jurisdiction, and guarantees equal protection and due process — frequently cited in landmark SCOTUS cases.
Automatic citizenship granted to individuals born within a country's territory, regardless of the parents' citizenship status. It is a constitutionally protected right in the US under the 14th Amendment.
India's primary legislation governing acquisition, termination, and deprivation of citizenship. Amended in 1986, 2003, and 2019 (CAA), it has steadily restricted birthright citizenship and introduced religion-based provisions via CAA 2019.
These articles in Part II of the Indian Constitution deal with citizenship at the time of commencement of the Constitution, covering citizenship by domicile, migration from Pakistan, and renunciation.
The power of the Supreme Court and High Courts to examine the constitutional validity of legislative and executive actions; applicable here as the SC is already hearing petitions against the Waqf Amendment Act.
Linked previous-year questions
The UPSC questions this story connects to.
Consider the following statements: 1. Article 371 A to 371 I were inserted in the Constitution of India to meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa. 2. The Constitution of India and the United States of America envisage a dual polity (The Union and the States) but a single citizenship. 3. A naturalized citizen of India can never be deprived of his citizenship. Which of the statements given above is/are correct? (a) 1, 2 and 3 (b) 1 and 3 (c) 3 only (d) 1 only
- a.1, 2 and 3
- b.1 and 3
- c.3 only
- d.1 only ✓
Polity · UPSC 2005With reference to India, consider the following statements: 1. There is only one citizenship and one domicile. 2. A citizen by birth only can become the Head of State. 3. A foreigner once granted citizenship cannot be deprived of it under any circumstances. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 (d) 2 and 3
- a.1 only ✓
- b.2 only
- c.1 and 3
- d.2 and 3
Polity · UPSC 2021Match List I (Articles of the Constitution of India) with List II (Provision) and select the correct answer using the codes given below the lists: List–I A. Article 14 B. Article 15 C. Article 16 D. Article 17 List–II 1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex place of birth or any of term. 2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. 3. 'Untouchability' is abolished and its practice in any form is forbidden. 4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (a) A-2, B-4, C-1, D-3 (b) A-3, B-1, C-4, D-2 (c) A-2, B-1, C-4, D-3 (d) A-3, B-4, C-1, D-2
- a.A-2, B-4, C-1, D-3
- b.A-3, B-1, C-4, D-2
- c.A-2, B-1, C-4, D-3 ✓
- d.A-3, B-4, C-1, D-2
Polity · UPSC 2004Consider the following statements: No one can be compelled to sing the National Anthem since: 1. it will be violative of the Right to Freedom of Speech and Expression 2. it will be violative of the Right to the Freedom of Conscience and practise and propagation of religion 3. there is no legal provision obliging anyone to sing the National Anthem (a) 1 and 3 are correct (b) 2 and 3 are correct (c) 1, 2 and 3 are correct (d) none is correct
- a.1 and 3 are correct
- b.2 and 3 are correct
- c.1, 2 and 3 are correct ✓
- d.none is correct
Polity · UPSC 1996The following news item appeared in a National daily dated 1-12-1999: "...Parliament today rejected a Bill to grant women the right to vote and stand for office in parliamentary elections, by a margin of 32 to 30. The National Assembly was split between liberal pro-government and Shiite Muslim deputies who were in favour of women's rights, while the opposition camp grouped Sunni Muslim fundamentalists and tribal MPs. A total of 64 MPs and Ministers were present, of whom two abstained." The Parliament referred to in this quotation is that of: (a) Kuwait (b) Iran (c) Bahrain (d) Saudi Arabia
- a.Kuwait ✓
- b.Iran
- c.Bahrain
- d.Saudi Arabia
International Relations · UPSC 2000Match List-I (Article of Indian Constitution) with List-II (Provisions) and select the correct answer using the codes given below the list: List–I (Article of Indian Constitution) A. Article 16 (2) B. Article 29 (2) C. Article 30 (I) D. Article 31 (I) List–II (Provisions) 1. No person shall be deprived of his property save by the authority of law 2. No person can be discriminated against in the matter of public appointment on the ground of race, religious or caste 3. All minorities whether based on religion or language shall have to establish and administer educational institutions of their choice 4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on grounds of religion, race, caste, language or any of them (a) A-2, B-4, C-3, D-1 (b) A-3, B-1, C-2, D-4 (c) A-2, B-1, C-3, D-4 (d) A-3, B-4, C-2, D-1
- a.A-2, B-4, C-3, D-1 ✓
- b.A-3, B-1, C-2, D-4
- c.A-2, B-1, C-3, D-4
- d.A-3, B-4, C-2, D-1
Polity · UPSC 2002
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