Indian citizenship is governed by the Constitution of India, which lays down the criteria for acquiring and losing citizenship. Articles 5 to 11 of the Constitution deal with various aspects of citizenship, including provisions at the commencement of the Constitution, citizenship by birth, descent, registration, and termination. In this essay, we will highlight the details of these articles and their significance in shaping the framework of citizenship in India.
Citizenship at the Commencement of the Constitution
Article 5 of the Indian Constitution deals with the concept of citizenship at the commencement of the Constitution. It states that every person who was born in India, or either of whose parents was born in India, or who had been ordinarily resident in India for at least five years immediately before the commencement of the Constitution shall be deemed to be a citizen of India.
This provision aimed to grant citizenship to individuals who were already residing in India at the time of independence and the adoption of the Constitution, thereby recognizing as citizens those who had significant connections to the country by birth or residence.
Rights of Citizenship of Certain Persons Who Have Migrated to India from Pakistan
Article 6 deals with the rights of citizenship for persons who migrated to India from Pakistan after the partition in 1947. It states that anyone who migrated from Pakistan to India before 19 July 1948 shall be deemed a citizen of India if they or either of their parents or grandparents were born in India as defined under the Government of India Act, 1935.
This provision aimed to address the citizenship status of people displaced due to the partition and ensured that those with ancestral ties to India could claim Indian citizenship.
Rights of Citizenship of Certain Migrants to Pakistan
Article 7 relates to the citizenship of individuals who migrated from India to Pakistan after the partition. It states that a person who migrated to Pakistan after March 1, 1947, shall not be considered a citizen of India.
This provision clarified that those who had voluntarily migrated to Pakistan post-partition and opted for Pakistani citizenship would lose their Indian citizenship.
Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India
Article 8 deals with the rights of Indian-origin individuals residing outside India. It states that a person of Indian origin residing outside India shall not be deemed a citizen of India unless they are registered as such by a diplomatic or consular representative of India in that country.
This ensured that individuals of Indian origin living abroad would need to undergo a formal process of registration to acquire Indian citizenship.
Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be Citizens
Article 9 states that any person who voluntarily acquires the citizenship of a foreign country shall cease to be a citizen of India.
This provision reflects India’s principle of single citizenship and prevents dual citizenship, ensuring that individuals cannot owe allegiance to more than one sovereign nation.
Continuance of the Rights of Citizenship
Article 10 ensures that persons who were Indian citizens at the commencement of the Constitution shall continue to be citizens, subject to any law made by Parliament.
This safeguarded the citizenship status and legal rights of existing citizens post-independence and ensured continuity.
Parliament to Regulate the Right of Citizenship by Law
Article 11 empowers Parliament to make laws regarding the acquisition and termination of citizenship and all other matters related to citizenship.
This grants legislative authority to Parliament to adapt citizenship laws to suit the evolving needs and conditions of the country.
Conclusion:
Articles 5 to 11 of the Indian Constitution lay down the foundational principles governing citizenship in India. These articles define the criteria for acquiring and losing citizenship, address the rights of different categories of individuals, and empower Parliament to legislate on matters relating to citizenship. By outlining the rights and responsibilities of citizens, these provisions play a crucial role in shaping India’s citizenship framework and upholding the values of democracy, equality, and inclusiveness.
