Article 11 of the Costitution of India with Case law
Article 11 of the Constitution of India is part of Part II, which deals with Citizenship (Articles 5 to 11). Here's a detailed explanation of Article 11 along with relevant case law:
🔹 Article 11 – Parliament to regulate the right of citizenship by law
Text of Article 11:
Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
🔍 Explanation:
Article 11 empowers the Parliament to make laws related to:
Acquisition of citizenship
Termination of citizenship
Any other matter concerning citizenship
The key point is that Articles 5 to 10 only provide the framework for citizenship at the commencement of the Constitution (i.e., 26 January 1950). Article 11 clearly gives overriding legislative authority to Parliament to alter, amend, or create laws on citizenship.
Based on this power, Parliament enacted the Citizenship Act, 1955, which lays down the detailed legal framework for citizenship in India.
⚖️ Important Case Law related to Article 11:
âś… State of Andhra Pradesh v. Abdul Khader, AIR 1961 SC 1467
Issue: Whether Parliament has absolute power to regulate citizenship?
Held: The Supreme Court upheld that under Article 11, Parliament has full authority to regulate all aspects of citizenship, and that Articles 5 to 10 do not limit this power.
âś… Izhar Ahmad Khan v. Union of India, AIR 1962 SC 1052
The case involved the question of citizenship of certain migrants from Pakistan.
The court recognized that Article 11 enables Parliament to enact laws, and the Citizenship Act, 1955, is constitutionally valid as it derives its power from Article 11.
âś… Kulathil Mammu v. State of Kerala, AIR 1966 SC 1614
The Supreme Court reiterated that Article 11 grants Parliament wide legislative powers in matters of citizenship, including imposing conditions for acquisition and termination.
âś… Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665
Although not directly on Article 11, this case dealt with illegal migration and citizenship issues.
It referred to Parliament’s legislative competence under Article 11 to deal with problems of illegal immigrants through law (e.g., Foreigners Act, Immigration laws).
đź“Ś Conclusion:
Article 11 is an enabling provision: it allows Parliament to override or supplement Articles 5 to 10.
It is the constitutional source of all citizenship-related laws passed by Parliament, most notably the Citizenship Act, 1955 and its amendments (e.g., 1986, 2003, 2005, 2019).
Courts have consistently upheld the wide powers of Parliament under Article 11.
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