Indian Citizenship: Articles 5-11 Explained for UPSC SSC

Citizenship at Commencement

The Indian Constitution, adopted on November 26, 1949, and fully enforced on January 26, 1950, laid down the provisions for citizenship at its commencement. Article 5 defines who became a citizen of India at this time. 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 critical for establishing the initial citizenry of the newly independent nation. It provided a clear framework for individuals residing within India's borders to be recognized as its citizens from day one of the Constitution's full operation. The concept of 'domicile' here refers to the place where a person has their permanent home or intends to make their permanent home, distinguishing it from mere residence.

Rights of Migrants from Pakistan

Articles 6 and 7 deal with the citizenship rights of persons who migrated between India and Pakistan during the Partition. Article 6 addresses persons who migrated to India from Pakistan. It distinguishes between those who migrated before July 19, 1948, and those who migrated on or after this date. For migrants before July 19, 1948, if they or either of their parents or any of their grandparents were born in undivided India, and they had been ordinarily resident in India since their migration, they became citizens.

For those who migrated on or after July 19, 1948, they also needed to meet the birth criteria (undivided India) and apply for registration as a citizen. They had to reside in India for at least six months immediately preceding their application. Article 7, conversely, deals with persons who migrated from India to Pakistan after March 1, 1947, but later returned to India under a permit for resettlement. Such persons could be registered as citizens if they resided in India for six months immediately preceding their application, treating them as if they had migrated to India after July 19, 1948.

Persons of Indian Origin

Article 8 extends citizenship provisions to 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, can become a citizen of India. This is provided they have been registered as a citizen of India by the diplomatic or consular representative of India in the country where they are for the time being residing, upon an application made by them to such diplomatic or consular representative, whether before or after the commencement of this Constitution.

This article was crucial for maintaining a connection with the Indian diaspora. It allowed individuals of Indian descent living abroad to claim Indian citizenship, recognizing their historical and cultural ties to the nation. This provision highlights the inclusive nature of India's initial citizenship laws, aiming to encompass a broad range of individuals connected to the land.

Loss of Citizenship

Article 9 of the Constitution addresses the voluntary acquisition of citizenship of a foreign state. It clearly states that any person who voluntarily acquires citizenship of a foreign state shall not be a citizen of India. This provision establishes the principle of single citizenship in India. India does not allow dual citizenship; an Indian citizen cannot simultaneously hold citizenship of another country.

This article is fundamental to understanding the exclusive nature of Indian citizenship. If an Indian citizen chooses to become a citizen of another country, they automatically lose their Indian citizenship. This principle ensures undivided loyalty to the Indian state and prevents potential conflicts of interest that might arise from holding allegiance to two different nations. The Citizenship Act, 1955, further elaborates on the modes of termination of citizenship.

Continuance and Parliamentary Power

Articles 10 and 11 are pivotal as they define the continuity of citizenship rights and the legislative power of the Parliament regarding citizenship. Article 10 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 ensures that the citizenship granted or recognized by the initial constitutional provisions is not temporary but continues unless altered by parliamentary law.

Article 11 grants exclusive power to the Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. This means that while Articles 5-10 laid down the initial framework, Parliament has the ultimate authority to legislate on citizenship matters. This power was exercised through the enactment of the Citizenship Act, 1955, which has been amended multiple times, including in 1986, 2003, 2005, 2015, and 2019, to adapt to changing circumstances and policy needs.

Important Keywords Explained

Citizenship Act, 1955act

This is the primary legislation governing citizenship in India after the commencement 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 and deprivation of citizenship. It has been amended several times to reflect changes in policy and societal needs.

Domicileconcept

In the context of Article 5, domicile refers to the place where a person has their permanent home or intends to make their permanent home. It is distinct from mere residence, which can be temporary. Domicile implies a long-term intention to reside in a particular place and is a crucial factor in determining citizenship at the commencement of the Constitution.

Single Citizenshipconcept

India follows the principle of single citizenship, meaning a person can only be a citizen of India and not simultaneously a citizen of any other country. Article 9 of the Constitution explicitly states that voluntarily acquiring foreign citizenship results in the loss of Indian citizenship. This principle aims to ensure undivided loyalty to the Indian state.

Additional Facts & Context

• The Constitution of India adopted on November 26, 1949, came into full effect on January 26, 1950.
• Part II of the Indian Constitution deals with Citizenship, covering Articles 5 to 11.
• The Citizenship Act, 1955, has been amended eight times, including major amendments in 1986, 2003, 2005, 2015, and 2019.
• Overseas Citizen of India (OCI) cardholders are not full citizens but have certain rights, excluding voting and holding constitutional posts.
• The concept of 'undivided India' in Articles 6 and 8 refers to the territory of India before the partition in 1947.