3.3 Nationality provisions in the Federal Constitution and other relevant laws This section examines the pathways of acquisition of nationality (operation of law, registration, naturalisation) and ways a person can lose their nationality (renunciation, loss, deprivation). 3.3.1 Acquisition of nationality by operation of law The first pathway to citizenship by operation of law is stipulated in Article 14(1) of the Federal Constitution, which provides that persons born before and after Malaysia Day are eligible for Malaysian citizenship at birth through operation of law. For those born in or outside the Federation before Merdeka Day, Article 14(1)(a) should be read with the provisions in Section 1, Part I of the Second Schedule as outlined in Table 7. While for those born in or outside the Federation after Merdeka Day, Article 14(1)(b) should be read with the provisions in Section 1, Part II of the Second Schedule as outlined in Table 8. These provisions on who is entitled to citizenship by operation of law can also be interpreted as the definition of Malaysia’s original body of nationals. 14. (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say: a) every person born before Malaysia Day who is a citizen of the Federation by virtue of the provisions contained in Part I of the Second Schedule b) every person born on or after Malaysia Day and having any of the qualifications specified in Part II of the Second Schedule Citizenship by operation of law, before Malaysia Day, is subject to whether they were citizens of the Federation of Malaya prior to Merdeka Day or were born in the Federation before Malaysia Day. This is a clear application of the jus soli principle as nationality is acquired on the basis of place of birth. As for those born outside the Federation before Malaysia Day, they are subject to gender discriminatory provisions as they are only entitled to Malaysian citizenship if the father was a citizen at the time of birth and is required to register the birth within one year at a consulate. Malaysian mothers are unable to confer their citizenship to children born outside the Federation before Malaysia Day. 53