Citizenship: Articles 5 to 11 of the Indian Constitution

Citizenship is a fundamental concept that establishes the legal relationship between an individual and the state. It confers certain rights, duties, and privileges on individuals while defining their obligations toward the country. Part II of the Indian Constitution, Articles 5 to 11, outlines the provisions related to citizenship at the commencement of the Constitution and provides the framework for subsequent citizenship laws.

Article 5: Citizenship at the Commencement of the Constitution

• Who is a Citizen? At the time the Constitution came into effect (January 26, 1950), individuals meeting the following criteria were deemed citizens of India:
  • Domicile in India: The person must have a permanent home in India.
  • Birth in India: The individual was born within the territory of India.
  • Parentage: Either of the individual’s parents was born in India.
  • Residence: The individual must have ordinarily resided in India for at least five years before January 26, 1950.

Article 6: Rights of Citizenship for Persons Migrating from Pakistan

This article deals with people who migrated to India from Pakistan during the partition:

1. Before July 19, 1948:
   • Individuals who migrated to India before this date were granted citizenship if they had been residing in India since their migration.
2. After July 19, 1948:
   • Individuals who migrated to India after this date had to register themselves with a government official before they could be granted citizenship.

Article 7: Rights of Citizenship for Persons Migrating to Pakistan

• This provision covers individuals who migrated from India to Pakistan but later returned to India:
  • Such individuals could regain citizenship if they returned to India under a permit for resettlement or migration, as authorized by the government.

Article 8: Citizenship for Indians Residing Abroad

• Indian-origin individuals residing outside India (e.g., in other Commonwealth nations) at the time of the Constitution’s commencement were eligible for citizenship if:
  • They were born in India.
  • They registered themselves as Indian citizens at the Indian consulate in their respective country.

Article 9: Termination of Citizenship

• This article specifies that individuals who voluntarily acquire citizenship of another country will automatically lose their Indian citizenship. India does not permit dual citizenship.

Article 10: Continuation of Citizenship

• Every person who is deemed to be a citizen of India under the provisions of Part II continues to be a citizen, subject to the provisions of any future laws made by Parliament.

Article 11: Power of Parliament to Regulate Citizenship

• This article empowers Parliament to create laws governing the acquisition, termination, and all other aspects of citizenship.
• It led to the enactment of the Citizenship Act, 1955, which forms the legal framework for citizenship in India.

The Citizenship Act, 1955

Parliament enacted the Citizenship Act, 1955 to provide detailed provisions on acquiring and terminating Indian citizenship. It includes the following modes of acquiring citizenship:

1. By Birth:
   • A person born in India after January 26, 1950, is considered an Indian citizen, subject to conditions in subsequent amendments.
2. By Descent:
   • A person born outside India is considered an Indian citizen if either parent is an Indian citizen at the time of birth.
3. By Registration:
   • Certain categories of people, such as those of Indian origin or spouses of Indian citizens, can apply for citizenship through registration.
4. By Naturalization:
   • Foreign nationals who have resided in India for a specified period and meet certain qualifications can acquire Indian citizenship.
5. By Incorporation of Territory:
   • If a new territory is incorporated into India, the government determines the citizenship of the people residing in that territory.

Termination of Citizenship

Citizenship can be terminated under the following conditions:

1. Renunciation:
   • Voluntary surrender of Indian citizenship by an individual.
2. Termination:
   • Automatically applies to individuals acquiring foreign citizenship.
3. Deprivation:
   • The government can revoke citizenship if it was acquired through fraud, false representation, or other unlawful means.

Significance of Citizenship Provisions

1. Unity and Integrity:
   • These provisions laid the foundation for a unified and inclusive Indian identity at the time of partition.
2. Adaptability:
   • Empowering Parliament to regulate citizenship ensures that laws can be adapted to changing circumstances, such as migration patterns or political developments.
3. Rights and Duties:
   • Citizenship confers fundamental rights, such as voting, and responsibilities, such as paying taxes and upholding the Constitution.

Articles 5 to 11 of the Constitution provide a well-structured framework for determining citizenship in the newly independent India. By empowering Parliament to legislate on citizenship, the framers ensured that the nation could respond to future challenges and opportunities. The Citizenship Act, 1955, and subsequent amendments reflect this adaptability, addressing complex issues like migration, globalization, and national security while safeguarding the rights of Indian citizens.