Part II – Citizenship (Articles 5–11)
Part II of the Indian Constitution outlines the provisions related to Citizenship, establishing the criteria for acquiring and determining Indian nationality at the time of the Constitution’s commencement. These articles were framed to address the complexities arising from the partition of India in 1947 and to provide a clear legal framework for citizenship.
Article 5 – Citizenship at the Commencement of the Constitution
At the commencement of this Constitution, every person who has his domicile in the territory of India and who was born in the territory of India or either of whose parents was born in the territory of India or who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement shall be a citizen of India.
Key Points:
- Defines the initial criteria for Indian citizenship at the time of the Constitution’s enactment.
- Focuses on domicile and residence as primary factors.
Example:
- A person born in India before 1950, with at least one parent born in India, and residing in India for five years prior to the Constitution’s commencement, would be considered a citizen under this provision.
Article 6 – Rights of Citizenship of Certain Persons Who Have Migrated to India from Pakistan
It provides for the acquisition of Indian citizenship by persons who migrated to India from Pakistan. It specifies the conditions under which such persons and their descendants can be considered citizens.
Key Points:
- Applies to migrants from Pakistan who came to India before 19th July 1948.
- Requires registration with the prescribed authority.
- Descendants of such migrants can also acquire citizenship under certain conditions.
Example:
- A person who migrated from Pakistan to India in 1947 and was registered as a citizen would be recognized as an Indian citizen under this article.
Article 7 – Rights of Citizenship of Certain Persons Who Have Migrated to Pakistan
It deals with the rights of persons who have migrated to Pakistan and later wish to return to India. It specifies the conditions under which such persons can acquire Indian citizenship.
Key Points:
- Applies to persons who migrated to Pakistan after 1st March 1947.
- Such persons need to register as citizens of India after returning.
- Their descendants are not automatically granted citizenship.
Example:
- A person who migrated to Pakistan in 1950 and later returned to India in 1960 would need to apply for Indian citizenship under this provision.
Article 8 – Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India
It provides for the acquisition of Indian citizenship by persons of Indian origin residing outside India.
Key Points:
- Applies to persons of Indian origin residing in any country outside India.
- Such persons can acquire Indian citizenship by registration.
- Requires a declaration of allegiance to the Constitution of India.
Example:
- An individual of Indian descent born in the United States who wishes to acquire Indian citizenship can do so by registering under this article.
Article 9 – Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be Citizens
It article stipulates that any person who has voluntarily acquired the citizenship of a foreign state shall not be a citizen of India.
Key Points:
- Addresses the issue of dual citizenship.
- Voluntary acquisition of foreign citizenship leads to the loss of Indian citizenship.
Example:
- An Indian citizen who acquires U.S. citizenship voluntarily will cease to be an Indian citizen under this provision.
Article 10 – Continuance of the Rights of Citizenship
It ensures that every person who is a citizen of India under the provisions of the Constitution shall continue to be a citizen, subject to the provisions of any law made by Parliament.
Key Points:
- Guarantees continuity of citizenship rights.
- Allows Parliament to regulate the termination of citizenship.
Example:
- A person who acquired Indian citizenship under Article 5 will continue to hold that citizenship unless it is revoked by a law enacted by Parliament.
Article 11 – Parliament to Regulate the Right of Citizenship by Law
It empowers Parliament to make laws regarding the acquisition and termination of citizenship.
Key Points:
- Provides the legislative basis for the Citizenship Act, 1955.
- Allows Parliament to amend citizenship laws as necessary.
Example:
- The Citizenship (Amendment) Act, 2019, which provides a pathway to Indian citizenship for non-Muslim refugees from Afghanistan, Pakistan, and Bangladesh, was enacted under this provision.
Relevant Amendments
- Citizenship (Amendment) Act, 2019: This Act amended the Citizenship Act, 1955, to provide expedited citizenship to non-Muslim refugees from Afghanistan, Pakistan, and Bangladesh who entered India before 2015.
- Citizenship (Amendment) Act, 2020: This Act further amended the Citizenship Act, 1955, to grant citizenship to non-Muslim refugees from Afghanistan, Pakistan, and Bangladesh who entered India before 2015.