Indian Citizenship: Articles 5-11 Explained for UPSC SSC

Constitutional Provisions Overview

Part II of the Indian Constitution, specifically Articles 5 to 11, deals with citizenship. These articles define who was a citizen of India at the commencement of the Constitution on January 26, 1950. They also empower the Parliament to enact laws regarding the acquisition and termination of citizenship. The Constitution does not provide a permanent or elaborate law for citizenship. Instead, it lays down provisions for citizenship at the time of its commencement and grants legislative power to Parliament.

India follows the concept of single citizenship, meaning a person can only be a citizen of India and not simultaneously a citizen of any state within India or another country. This differs from countries like the USA, which have dual citizenship (federal and state). The framers of the Constitution opted for single citizenship to foster national unity and integrity, especially given the diverse nature of the newly independent nation.

Citizenship at Commencement

Article 5 defines citizenship at the commencement of the Constitution. It states that any person who had their domicile in the territory of India and who was born in India, or either of whose parents was born in India, or who had been ordinarily resident in India for not less than five years immediately preceding such commencement, became a citizen of India. This article was crucial for establishing the initial citizenry of the newly formed republic.

Article 6 addresses the rights of citizenship of certain persons who migrated to India from Pakistan. It specifies conditions for those who migrated before July 19, 1948, and those who migrated on or after this date. For the latter, registration as a citizen was required after residing in India for at least six months. Article 7 deals with the rights of citizenship of certain migrants to Pakistan. It states that a person who migrated from India to Pakistan after March 1, 1947, shall not be deemed a citizen of India, with an exception for those who returned to India under a permit for resettlement.

Persons of Indian Origin

Article 8 provides for the rights of citizenship of certain persons of Indian origin residing outside India. It states that any person who, or either of whose parents or any of whose grandparents, was born in undivided India and who is ordinarily residing in any country outside India, shall be deemed to be a citizen of India if they have been registered as a citizen of India by the diplomatic or consular representative of India in the country where they are residing. This article was important for maintaining ties with the Indian diaspora.

Article 9 states that if a person voluntarily acquires citizenship of a foreign state, they shall cease to be a citizen of India. This reinforces the principle of single citizenship. It prevents individuals from holding dual nationality, ensuring undivided allegiance to the Indian state. This provision is fundamental to the Indian citizenship framework.

Continuance and Parliamentary Power

Article 10 ensures the continuance of the rights of citizenship. It states that every person who is or is deemed to be a citizen of India under any of the preceding provisions of this Part shall, subject to the provisions of any law made by Parliament, continue to be such a citizen. This means that once citizenship is granted, it remains valid unless Parliament makes a law to alter it.

Article 11 is a pivotal article as it empowers the Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. This article gives Parliament the exclusive legislative competence to regulate citizenship matters. Pursuant to Article 11, Parliament enacted the Citizenship Act, 1955, which is the primary law governing citizenship in India today. This Act has been amended multiple times, reflecting changing national needs and policies.

Important Keywords Explained

Citizenship Act, 1955act

This is the primary law enacted by the Parliament of India under Article 11 of the Constitution. It provides for the acquisition of Indian citizenship by birth, descent, registration, naturalisation, and incorporation of territory. It also outlines provisions for the termination of citizenship through renunciation, termination, and deprivation. The Act has been amended several times, including in 1986, 2003, 2005, 2015, and 2019, to address various aspects of citizenship.

Single Citizenshipconcept

India adopts the concept of single citizenship, meaning an individual can only be a citizen of the Indian Union and not simultaneously a citizen of any state within India or any other country. This principle aims to foster national unity and loyalty, preventing divided allegiances. It contrasts with dual citizenship systems where individuals can hold citizenship of two or more countries simultaneously, which is generally not permitted under Indian law.

Domicileconcept

In the context of Article 5, domicile refers to the place where a person has their permanent home or intends to reside indefinitely. It is a legal concept distinct from mere residence. For a person to be a citizen of India at the commencement of the Constitution under Article 5, having a domicile in the territory of India was one of the primary conditions, along with other criteria like birth or parental birth in India, or ordinary residence for five years.

Additional Facts & Context

• The Citizenship Act, 1955, has been amended 9 times since its enactment.
• The concept of Overseas Citizen of India (OCI) was introduced in 2005.
• Article 11 is the only article in Part II that grants legislative power to Parliament.
• India's citizenship provisions are inspired by the British model of single citizenship.
• The original Constitution did not define 'citizen' but laid down criteria for who would be a citizen at its commencement.