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.