law: Citizenship Act, 1955 
  3. Citizenship by birth 
   1  [(1) Except as provided in sub-section (2), every person
  
  born in  India ,- 
  (a) on or after the 26th day of January, 1950,
  
  but before the commencement of the Citizenship (Amendment) Act, 1986;
  (b) on or after such commencement and either
  
  of whose parents is a citizen of India at the time of his
  
  birth, shall be a citizen of India by birth.]
  (2) A person shall not be such a citizen by virtue of this
  
  section if at the time of his birth- 
  (a) his father possesses such immunity from
  
  suits and legal process as is accorded to an envoy of a foreign sovereign power
  
  accredited to the President of India and is not a citizen of India; or
  (b) his father is an enemy alien and the birth
  
  occurs in a place then under occupation by the enemy.