Citizenship in India (Part II, Articles 5 to 11)

Citizenship in India (Part II: Articles 5 to 11)

Part II of the Indian Constitution deals specifically with Citizenship. It was originally meant to define the criteria for Indian citizenship at the commencement of the Constitution (i.e., from 26th January 1950). Over time, citizenship laws have been further developed through legislation like the Citizenship Act, 1955.

Overview of Articles 5 to 11

Article 5: Citizenship at the Commencement of the Constitution

Provides that anyone who fulfills any of the following conditions is a citizen of India at the commencement of the Constitution (26th Jan 1950):

Person domiciled in India and born in India.

Person domiciled in India and either born outside India or neither of whose parents were born in India, but who had been ordinarily resident in India for at least 5 years before commencement.

Person who was ordinarily resident in India for at least 5 years immediately before commencement.

Essentially, Article 5 provides the initial basis for Indian citizenship for those in India when the Constitution came into force.

Article 6: Rights of Citizenship in Case of Migration from Pakistan

Deals with persons who migrated to India from Pakistan before the commencement of the Constitution.

Persons who migrated to India from Pakistan will be Indian citizens if they or either parent were born in India, and they have registered themselves in accordance with the law made by the Indian government.

Also allows people migrating from India to Pakistan to be deprived of Indian citizenship.

Article 7: Rights of Citizenship of Certain Migrants to Pakistan

Deals with persons who migrated to Pakistan after March 1, 1947, but returned to India under a permit for resettlement or permanent return.

Such persons shall be deemed citizens of India if they have been residing in India since their return and registered as per the law.

Article 8: Rights of Citizenship of Persons of Indian Origin Residing Outside India

Persons of Indian origin who have migrated to Pakistan or any other country from India after 1950, but who themselves or their parents or grandparents were born in India, can register as Indian citizens under prescribed laws.

Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State

Any person who voluntarily acquires the citizenship of a foreign state will lose Indian citizenship.

Article 10: Continuance of the Rights of Citizenship

Every person who is a citizen of India at the commencement of the Constitution shall continue to be a citizen of India.

Article 11: Parliament’s Power to Regulate Citizenship

Empowers Parliament to make laws regulating the acquisition and termination of citizenship.

Basis for the Citizenship Act, 1955, which provides the detailed law on citizenship.

Important Aspects and Interpretation

These provisions initially defined citizenship for people living in India or those with ties to India at the time the Constitution commenced.

Citizenship is a legal status that defines the relationship between the individual and the state.

Article 11 gives Parliament exclusive authority to frame citizenship laws.

The Constitution anticipated issues related to Partition migration, which is why Articles 6, 7, and 8 deal with migration between India and Pakistan.

Important Case Laws on Citizenship (Related to Constitutional Provisions)

1. Keshvananda Bharati v. State of Kerala (1973)

Although a broader case on the basic structure doctrine, it confirmed Parliament's power under Article 11 to regulate citizenship.

2. Gurbaksh Singh Sibbia v. State of Punjab (1980)

Affirmed that citizenship is a fundamental legal status and that laws affecting citizenship must adhere to principles of natural justice.

3. L.K. Koolwal v. Union of India (1955)

Affirmed that acquisition or loss of citizenship depends on laws enacted by Parliament under Article 11.

4. Rameshbhai D. Bhatt v. Union of India (2005)

Related to citizenship questions involving illegal migration and statutory interpretation of citizenship laws, reiterating the role of the Citizenship Act under Article 11.

Post-Constitution Developments

The Citizenship Act, 1955 (and its subsequent amendments) was enacted under Article 11 and expanded the framework for citizenship by birth, descent, registration, naturalization, and incorporation of Overseas Citizenship of India (OCI).

Citizenship laws have been amended to address illegal migration, foreign nationals, and refugees.

The legal framework continues to evolve, especially regarding issues like citizenship by domicile, refugees, and nationality.

Summary

ArticleContent
5Citizenship at commencement of Constitution (26 Jan 1950)
6Citizenship rights of migrants from Pakistan before Constitution
7Citizenship rights of migrants to Pakistan who returned to India
8Citizenship rights of persons of Indian origin residing outside India
9Loss of citizenship by voluntary acquisition of foreign citizenship
10Continuation of citizenship rights at commencement
11Parliament empowered to regulate citizenship laws

Conclusion

Articles 5 to 11 lay the foundation of citizenship in India, especially defining the status of people living in India at the time of independence and partition. They provide the constitutional framework, while detailed laws under Article 11 govern acquisition, loss, and regulation of citizenship.

LEAVE A COMMENT

0 comments