Indian Constitution: (PART II) CITIZENSHIP

Part II of the Indian Constitution, specifically Articles 5 to 11, deals with the provisions related to citizenship. At the time of the Constitution's

CITIZENSHIP 

Citizenship is something we often hear about, but rarely stop to think deeply about. In simple words, it means being a member of a country. It is the legal identity that connects a person to a nation and gives them certain rights, protections, and responsibilities. But citizenship is more than just a legal term—it’s also about belonging, identity, and being part of a larger community.

In India, citizenship has a special place because of our history. At the time of independence in 1947, there was a lot of confusion due to Partition, as millions of people were moving between India and Pakistan. To bring clarity, the Constitution (under Articles 5 to 11) defined who would be considered citizens when it came into force in 1950. Later, detailed rules were laid down in the Citizenship Act, 1955, which still governs citizenship today.

Being a citizen comes with important rights. For example, citizens can vote, participate in elections, and hold public offices. At the same time, they also have duties—like following the law, respecting the Constitution, and contributing positively to society.

In today’s world, where people move across countries for jobs, education, or better opportunities, the idea of citizenship has become even more important. It decides where you legally belong and what rights you have in that country.

Overall, citizenship is not just about paperwork or legal status. It’s about being connected to a nation, sharing its values, and playing a role in its progress.

Articles Under Part II: Citizenship (Articles 5–11)

Article No.	Title	Description
Article 5	Citizenship at the commencement of the Constitution	Defines who was considered a citizen of India at the time the Constitution came into force (26 January 1950).
Article 6	Rights of citizenship of certain persons who migrated from Pakistan to India	Provides citizenship rights to persons who migrated from Pakistan to India before or after Independence under specified conditions.
Article 7	Rights of citizenship of certain migrants to Pakistan	Deals with persons who migrated to Pakistan but later returned to India and their citizenship status.
Article 8	Rights of citizenship of certain persons of Indian origin residing outside India	Grants citizenship to persons of Indian origin living abroad if they register with Indian diplomatic missions.
Article 9	Persons voluntarily acquiring citizenship of a foreign State not to be citizens	States that a person who voluntarily acquires foreign citizenship will not be considered an Indian citizen.
Article 10	Continuance of the rights of citizenship	Ensures that every person recognized as a citizen will continue to enjoy citizenship rights subject to laws made by Parliament.
Article 11	Parliament to regulate the right of citizenship by law	Empowers Parliament to make laws regarding acquisition and termination of citizenship (e.g., Citizenship Act, 1955).

Article 5 – Citizenship at the Commencement of the Constitution

Text of Article 5:

"At the commencement of this Constitution, every person who has his domicile in the territory of India and—

(a) who was born in the territory of India; or

(b) either of whose parents was born in the territory of India; or

(c) 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."

Article 5 of the Indian Constitution is one of the most foundational provisions related to citizenship. It deals with a very specific but important question: who became citizens of India on 26 January 1950, the day the Constitution came into force.

At the time of independence, India was going through massive political and social changes, especially due to the partition of India and Pakistan. Millions of people were moving across borders, and there was confusion about who should be recognized as an Indian citizen. Article 5 was introduced to bring clarity to this situation.

According to Article 5, a person was considered a citizen of India at the commencement of the Constitution if they fulfilled certain conditions. The first condition was domicile in India. Domicile means a person’s permanent home or the country where they intend to reside permanently. So, simply being present in India was not enough; the person needed to have the intention to stay in India permanently.

In addition to domicile, the person had to meet any one of the following three conditions:

• They were born in India, or
• Either of their parents was born in India, or
• They had been ordinarily residing in India for at least five years immediately before the Constitution came into force

These conditions ensured that citizenship was granted to people who had a genuine and long-term connection with India.

One important thing to understand is that Article 5 does not deal with citizenship after 1950. It only applies to the situation at the beginning of the Constitution. After that, citizenship matters are governed by laws made by Parliament, especially the Citizenship Act, 1955.

Article 5 also highlights the importance of domicile, which is different from residence. A person may live in a place temporarily, but domicile reflects a deeper, permanent connection. This distinction was crucial in determining citizenship during that time.

In simple terms, Article 5 laid down the initial framework of Indian citizenship. It ensured that people who were closely connected to India—by birth, parentage, or long-term residence—were recognized as citizens right from the start.

Even today, Article 5 remains important from a constitutional perspective because it explains the origin of Indian citizenship and helps us understand how the concept evolved in the early years of independent India.

Article 6 – Rights of Citizenship of Certain Persons Who Migrated from Pakistan to India

Text of Article 6:

Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—

(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

[(b) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.]

Article 6 of the Indian Constitution deals with one of the most sensitive and complex issues at the time of independence—migration due to partition. When India was divided in 1947, millions of people moved between India and Pakistan. This created confusion about who should be recognized as a citizen of India. Article 6 was introduced to address this situation and provide clarity.

This Article specifically applies to people who migrated from Pakistan to India. It lays down the conditions under which such persons could become Indian citizens at the time the Constitution came into force on 26 January 1950.

Article 6 divides migrants into two main categories based on a crucial date—19 July 1948.

1. Migrants Before 19 July 1948

People who migrated from Pakistan to India before 19 July 1948 were granted citizenship more easily. They were considered citizens of India if:

• They, or either of their parents or grandparents, were born in India (as defined under the Government of India Act, 1935), and
• They had been ordinarily residing in India since their migration

This provision recognized the reality that many people had fled to India during the early days of partition and had already settled here.

2. Migrants After 19 July 1948

For those who migrated after 19 July 1948, the rules were stricter. These individuals could still become Indian citizens, but they had to fulfill additional conditions:

• They needed to register as citizens of India
• The application had to be made to an officer appointed by the Government of India
• They must have resided in India for at least six months before applying

This requirement was introduced to ensure proper documentation and verification of migrants entering India after the initial chaos of partition had settled.

Article 6 played a crucial role in defining citizenship during a time of massive displacement and uncertainty. It ensured that people who had genuine ties to India and had migrated due to partition were given a legal identity and protection as citizens.

It also shows how the Constitution tried to balance humanitarian concerns with administrative control. On one hand, it provided relief to refugees; on the other hand, it introduced registration requirements to maintain order.

In simple terms, Article 6 says:
👉 If you came from Pakistan to India around the time of partition, you could become an Indian citizen—but the rules depended on when you migrated and whether you fulfilled certain conditions.

Like Article 5, Article 6 only applies to the initial phase of the Constitution. After 1950, citizenship matters are governed by laws made by Parliament, especially the Citizenship Act, 1955.

Overall, Article 6 is an important historical provision that reflects the challenges India faced during partition and how the Constitution addressed them with both sensitivity and structure.

Article 7

Text of Article 7:

"Notwithstanding anything in Articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948."

Article 7 of the Indian Constitution deals with a very sensitive and complex situation that arose during the time of Partition in 1947. While Article 6 talks about people who migrated from Pakistan to India, Article 7 focuses on the opposite situation—people who migrated from India to Pakistan.

At the time of partition, many individuals left India and went to Pakistan, often due to fear, uncertainty, or communal tensions. The Constitution had to clearly define whether such people would still be considered Indian citizens. Article 7 was introduced to address this issue.

Main Rule Under Article 7

The general rule under Article 7 is:

👉 Any person who migrated from India to Pakistan after 1 March 1947 would NOT be considered a citizen of India.

This means that if a person left India and settled in Pakistan during that period, they lost their claim to Indian citizenship under the Constitution at its commencement in 1950.

Exception to the Rule

However, Article 7 also provides an important exception.

If a person:

• Migrated to Pakistan after 1 March 1947, but later returned to India, and
• Came back under a permit for resettlement or permanent return issued by Indian authorities

👉 Then such a person could become a citizen of India, but only if they fulfilled the conditions mentioned under Article 6 (such as registration and residence requirements).

This exception was important because many people who initially migrated to Pakistan later realized they wanted to return to India permanently.

Why Article 7 Was Necessary

During partition, migration was not always a final or well-planned decision. Many people moved under pressure or confusion. Some later wanted to come back to India.

Article 7 ensured that:

• Those who permanently shifted to Pakistan were not automatically considered Indian citizens
• But those who genuinely returned with legal permission were given a chance to regain citizenship

It helped maintain legal clarity while also addressing humanitarian concerns.

Simple Understanding

In simple terms:

• ❌ If you went from India to Pakistan after 1 March 1947 → Not an Indian citizen
• ✅ If you returned to India with proper permission → You could become a citizen (under Article 6 rules)

Article 7 reflects the difficult realities of India’s partition. It shows how the Constitution tried to balance national boundaries, legal identity, and human situations during a time of massive upheaval.

Like Articles 5 and 6, Article 7 only applied at the beginning of the Constitution (1950). Today, citizenship matters are governed by laws made by Parliament, especially the Citizenship Act, 1955.

Overall, Article 7 is an important provision that highlights how India defined citizenship in one of the most challenging periods of its history.

Article 8 – Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India

Text of Article 8:

"Notwithstanding anything in Article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as defined in the Government of India Act, 1935 (as originally enacted), shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India."

Article 8 of the Indian Constitution deals with people of Indian origin who were living outside India at the time the Constitution came into force in 1950. While Articles 5, 6, and 7 mainly focus on people within India or those affected by Partition, Article 8 extends the idea of citizenship beyond India’s borders.

This provision recognizes that many Indians had migrated to other countries—often for work, trade, or settlement—long before independence. Even though they were living abroad, they still had strong cultural and ancestral ties to India. Article 8 was introduced to ensure that such people were not left out of the concept of Indian citizenship.

Who Does Article 8 Apply To?

Article 8 applies to a person who:

• Is of Indian origin, meaning they or their parents or grandparents were born in India (as defined under the Government of India Act, 1935), and
• Is ordinarily residing in a foreign country

These individuals were not automatically granted citizenship. Instead, they were given an opportunity to become citizens of India through a formal process.

Condition for Citizenship

To be recognized as an Indian citizen under Article 8, such a person had to:

👉 Register themselves as a citizen of India at an Indian diplomatic or consular office in the country where they were residing.

This means they needed to apply and officially declare their intention to be an Indian citizen. Only after registration would they be granted citizenship.

Importance of Registration

Unlike Article 5, where citizenship was granted automatically based on domicile and other conditions, Article 8 requires active registration. This was important because:

• The person was living outside India
• The government needed a formal record of their intention
• It ensured proper verification of identity and origin

Significance of Article 8

Article 8 highlights India’s recognition of its global diaspora, even at the time of independence. It shows that citizenship was not limited strictly by geographical boundaries but also included people with strong ancestral connections to India.

It also laid the foundation for later concepts like:

• Overseas citizenship
• NRI (Non-Resident Indian) status
• OCI/PIO frameworks (introduced later through laws)

Simple Understanding

In simple terms:

👉 If you were living abroad but had Indian roots, you could become an Indian citizen by registering at an Indian embassy or consulate.

Article 8 is a forward-looking provision that acknowledges the emotional and historical connection of Indians living overseas. It ensured that such individuals were given a fair opportunity to be part of the Indian nation.

Like other Articles in Part II, Article 8 only applies to the initial phase of the Constitution (1950). Today, citizenship matters are governed by laws made by Parliament, mainly the Citizenship Act, 1955.

Overall, Article 8 reflects India’s inclusive approach toward its people, even those living beyond its borders.

Article 9 – Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be Citizens

Text of Article 9:

"No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State."

Explanation:

Article 9 of the Indian Constitution lays down a very clear and strict rule regarding citizenship. It deals with the situation where a person voluntarily acquires the citizenship of another country.

What Does Article 9 Say?

The core idea of Article 9 is simple:

👉 If a person voluntarily acquires the citizenship of a foreign country, they will no longer be considered a citizen of India.

This means India does not allow dual citizenship in the strict constitutional sense. Once you choose to become a citizen of another country by your own will, your Indian citizenship automatically ends.

Key Term: “Voluntarily”

The word “voluntarily” is very important here. It means that the person has willingly and knowingly taken the citizenship of another country.

For example:

• If someone applies for and gets citizenship of the USA, UK, Canada, etc., they lose Indian citizenship.
• This applies even if they originally fulfilled conditions under Articles 5, 6, or 8.

However, if citizenship is imposed automatically by a foreign country without the person’s consent (which is rare), the situation may be interpreted differently under law.

Why Article 9 Was Introduced

At the time of independence, the Constitution makers wanted to ensure clear and exclusive national allegiance. They believed that a person should not have divided loyalty between two countries.

So, Article 9 was included to:

• Maintain single citizenship
• Avoid legal and political conflicts
• Ensure loyalty to one nation

Relation with Other Articles

Article 9 acts as a limitation on Articles 5, 6, and 8.

Even if a person qualifies as an Indian citizen under those Articles:
👉 They will lose that status if they acquire foreign citizenship voluntarily.

Even today, the principle of Article 9 continues to apply. India still does not allow full dual citizenship.

However, the government has introduced schemes like:

• OCI (Overseas Citizen of India)
• PIO (Person of Indian Origin)

These are not full citizenships but provide certain benefits like visa-free travel and residency rights.

In simple words:

• ✅ You are an Indian citizen → if you stay loyal to India
• ❌ You take another country’s citizenship → you lose Indian citizenship

Article 9 clearly defines the idea of single citizenship in India. It ensures that citizenship is based on exclusive commitment to the country.

It also highlights an important constitutional principle:
👉 Citizenship is not just a legal status, but also a matter of national allegiance.

Even though it was framed in 1950, Article 9 still plays a key role in shaping India’s citizenship laws today.

Article 10 – Continuance of the Rights of Citizenship

Text of Article 10:

"Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen."

Article 10 of the Indian Constitution ensures the continuity of citizenship for those who were recognized as citizens under Articles 5 to 9 at the commencement of the Constitution. While earlier articles define who is a citizen, Article 10 answers an important follow-up question:

👉 Will those people continue to remain citizens in the future?

Article 10 states that:

👉 Every person who is or is deemed to be a citizen of India under the previous provisions shall continue to be a citizen, subject to any law made by Parliament.

In simple terms, if you were recognized as a citizen on 26 January 1950, you will continue to remain a citizen unless a law made by Parliament says otherwise.

Article 10 has two important aspects:

1. Continuity of Citizenship
   It ensures that citizenship is not temporary. Once granted under Articles 5–9, it continues automatically.
2. Power of Parliament
   This continuity is not absolute. Parliament has the authority to make laws regarding:
   • Acquisition of citizenship
   • Termination of citizenship
   • Regulation of citizenship

This power is exercised through laws like the Citizenship Act, 1955.

Why Article 10 Was Important

At the time of independence, India was dealing with uncertainty due to partition and migration. It was necessary to provide stability and assurance to people about their citizenship status.

Article 10 ensured that:

• People did not lose citizenship suddenly
• There was legal certainty
• The government retained flexibility to regulate citizenship in the future

Relation with Other Articles

• Articles 5–9 → Define who is a citizen at the start
• Article 10 → Ensures they remain citizens
• Article 11 → Gives Parliament the power to make detailed laws

So, Article 10 acts as a bridge between initial citizenship and future regulation.

In simple words:

👉 If you were a citizen when the Constitution started, you will continue to be a citizen —
but Parliament can change the rules through law.

Even today, Article 10 is relevant because it supports the legal framework under which citizenship is governed. All modern citizenship rules—like registration, naturalization, and termination—operate under the authority given by this Article.

Article 10 provides a sense of security and continuity in citizenship. It assures people that their status as citizens is not uncertain, while also allowing the government to adapt laws as needed.

It reflects a balanced approach:

• Stability for citizens
• Flexibility for the state

Overall, Article 10 plays a crucial role in maintaining the ongoing validity of Indian citizenship beyond the initial stage of the Constitution.

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."

Article 11 of the Indian Constitution is a very important provision because it gives ultimate authority to Parliament over matters related to citizenship. While Articles 5 to 10 define who were citizens at the time the Constitution came into force, Article 11 looks toward the future and answers a key question:

👉 Who will decide citizenship rules after 1950?

What Does Article 11 Say?

Article 11 states that:

👉 Parliament has the power to make laws regarding citizenship, including:

• Acquisition of citizenship
• Termination of citizenship
• Regulation of all related matters

This means that even though the Constitution initially defined citizenship, the final authority lies with Parliament to change, modify, or create new rules.

Why Article 11 Was Necessary

The framers of the Constitution understood that citizenship is not a static concept. Over time, situations change—migration patterns, international relations, and national needs evolve.

So instead of fixing all rules permanently in the Constitution, they gave Parliament the flexibility to:

• Adapt laws as needed
• Respond to new challenges
• Update citizenship policies over time

This made the Constitution more dynamic and practical.

Citizenship Act, 1955

Using the power given under Article 11, Parliament enacted the Citizenship Act, 1955, which is the main law governing citizenship in India today.

This Act provides detailed provisions for:

• Citizenship by birth
• Citizenship by descent
• Citizenship by registration
• Citizenship by naturalization
• Citizenship by incorporation of territory

It also includes rules for:

• Renunciation of citizenship
• Termination
• Deprivation of citizenship

Relationship with Other Articles

• Articles 5–10 → Define initial citizenship at the commencement of the Constitution
• Article 11 → Gives Parliament the power to regulate citizenship after that

So, Article 11 acts as a bridge between constitutional provisions and legislative authority.

Simple Understanding

In simple terms:

👉 The Constitution gave basic rules of citizenship,
👉 But Parliament has the power to make and change detailed citizenship laws anytime.

Importance of Article 11

• Ensures flexibility in citizenship laws
• Allows government to respond to modern issues
• Provides legal framework for amendments and reforms
• Supports long-term governance and policy-making

Article 11 is a forward-looking provision that ensures India’s citizenship laws can evolve with time. Instead of being rigid, the Constitution allows Parliament to shape and update these laws according to changing needs.

It reflects a smart constitutional approach:

• Basic principles in the Constitution
• Detailed rules through legislation

Even today, all major developments in Indian citizenship law trace back to the authority granted under Article 11.

Citizenship Act, 1955

The Citizenship Act, 1955 is the primary law in India that governs matters related to citizenship. While the Constitution (Articles 5–11) defined citizenship at the time it came into force in 1950, it was Article 11 that empowered Parliament to make detailed laws on citizenship. Using that power, Parliament enacted the Citizenship Act, 1955.

This Act lays down how a person can become an Indian citizen, how citizenship can be lost, and how it is regulated. Over the years, it has been amended several times to address changing political, social, and international situations.

Objectives of the Act

The main purpose of the Citizenship Act, 1955 is to:

• Define ways of acquiring Indian citizenship
• Regulate termination and deprivation of citizenship
• Provide a clear legal framework for citizenship matters
• Address issues related to migration and nationality

Modes of Acquiring Citizenship

The Act provides five main ways to acquire Indian citizenship:

1. Citizenship by Birth

A person born in India can become a citizen, but the rules depend on the date of birth:

• Before 1 July 1987 → Citizen by birth regardless of parents
• 1987–2004 → At least one parent must be an Indian citizen
• After 2004 → One parent must be a citizen and the other should not be an illegal migrant

2. Citizenship by Descent

A person born outside India can become a citizen if:

• Their parent(s) are Indian citizens
• Birth is registered at an Indian consulate within a specified time

3. Citizenship by Registration

Certain categories of people can apply for citizenship through registration, such as:

• Persons of Indian origin residing in India
• Persons married to Indian citizens
• Minor children of Indian citizens

4. Citizenship by Naturalization

A foreign national can become an Indian citizen by naturalization if they fulfill conditions like:

• Residing in India for a specified period (generally 11 years)
• Good character
• Knowledge of a language listed in the Constitution

5. Citizenship by Incorporation of Territory

If a new territory becomes part of India, the government may grant citizenship to the people of that territory.

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Loss of Citizenship

The Act also provides ways in which citizenship can be lost:

1. Renunciation

A person voluntarily gives up Indian citizenship.

2. Termination

Citizenship automatically ends if a person acquires foreign citizenship (linked with Article 9).

3. Deprivation

The government can take away citizenship in certain cases, such as fraud, disloyalty, or unlawful activities.

Important Amendments

The Citizenship Act has been amended several times:

• 1986 Amendment → Restricted citizenship by birth
• 2003 Amendment → Introduced concept of “illegal migrants” and NRC
• 2005 Amendment → Introduced OCI (Overseas Citizen of India)
• 2019 Amendment (CAA) → Provided citizenship to certain religious minorities from neighboring countries

These amendments reflect how citizenship laws evolve based on national needs.

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Overseas Citizenship of India (OCI)

The Act introduced the concept of OCI, which provides certain benefits to foreign citizens of Indian origin, such as:

• Visa-free travel to India
• Right to live and work in India

However, OCI is not full citizenship—it does not grant voting rights or political participation.

Importance of the Act

The Citizenship Act, 1955 is crucial because:

• It defines who is an Indian citizen today
• It regulates immigration and nationality
• It provides legal clarity in complex cases
• It plays a role in national security and governance

The Citizenship Act, 1955 is the backbone of India’s citizenship framework. It ensures that citizenship is granted, regulated, and, if necessary, withdrawn in a structured and lawful manner.

For students, aspirants, and anyone interested in Indian polity, this Act is extremely important. Understanding it not only helps in exams but also gives clarity about how citizenship works in real life.

If you want to go deeper, reading the bare act along with amendments will give you a strong and complete understanding of the subject.

ALSO READ: Citizenship Amendment Act (CAA), 2019