Articles 5–11: Constitutional provisions

Introduction

  1. Citizenship in India is governed by Articles 5 to 11 of the Indian Constitution.
  2. These articles define the criteria for determining citizenship at the time of commencement of the Constitution and empower Parliament to make laws regarding citizenship.
  3. Indian citizenship provides individuals with specific rights, duties, and privileges.

Article 5: Citizenship at the Commencement of the Constitution

  1. Defines citizenship for people who had their domicile in India on January 26, 1950.
  2. Three conditions for citizenship:
    • Born in India.
    • Either parent was born in India.
    • Ordinarily residing in India for at least 5 years before January 26, 1950.

Article 6: Rights of Persons Migrating from Pakistan

  1. Grants citizenship to individuals who migrated to India from Pakistan before July 19, 1948.
  2. Individuals who migrated after this date must register with a government officer to gain citizenship.

Article 7: Rights of Persons Migrating to Pakistan and Returning

  1. Addresses the status of individuals who had migrated to Pakistan but returned to India later.
  2. Such individuals could become citizens if they were residents in India for at least six months and registered as citizens.

Article 8: Rights of Indians Residing Outside India

  1. Provides citizenship to people of Indian origin residing outside India (e.g., in other Commonwealth countries).
  2. They must be registered as citizens of India by a diplomatic or consular representative of India in the country of residence.

Article 9: Loss of Citizenship

  1. An individual automatically loses Indian citizenship if they voluntarily acquire the citizenship of another country.
  2. This reflects India's policy of single citizenship.

Article 10: Continuance of Citizenship

  1. Ensures that every person who is considered a citizen of India under these provisions will continue to be a citizen, subject to any law made by Parliament.

Article 11: Parliament's Power to Regulate Citizenship

  1. Empowers Parliament to make laws regarding the acquisition, termination, and other matters related to citizenship.
  2. The Citizenship Act of 1955 was enacted under this provision.

Key Features of Citizenship in India

  1. India follows the principle of single citizenship, meaning that all Indians are citizens of India irrespective of the state or territory they belong to.
  2. Citizenship in India can be acquired by:
    • Birth
    • Descent
    • Registration
    • Naturalization
    • Incorporation of territory
  3. Citizenship can be terminated through renunciation, deprivation, or voluntary acquisition of foreign citizenship.

Important Amendments to the Citizenship Act

  1. The Citizenship (Amendment) Act, 1986, introduced stricter residency requirements.
  2. The Citizenship (Amendment) Act, 2003, established the concept of an Overseas Citizen of India (OCI).
  3. The Citizenship (Amendment) Act, 2019, provided a pathway to citizenship for specific persecuted minorities from Pakistan, Bangladesh, and Afghanistan.

Conclusion

Articles 5 to 11 of the Indian Constitution lay the foundation for defining citizenship and ensuring clarity on who qualifies as an Indian citizen. These provisions not only addressed the challenges at the time of independence but also empowered Parliament to regulate citizenship in response to evolving national and international contexts.

Category
Citizenship
Indian Polity and Governance
Which part of the Indian Constitution deals with citizenship?
Which Articles in the Constitution of India deal with citizenship?
Under Article 5, citizenship is granted to people based on which criteria?
Article 6 provides for citizenship for people who migrated to India from which country?
What does Article 7 deal with in the context of citizenship?
Article 8 provides citizenship for which group of people?
Which Article of the Indian Constitution grants the power to regulate citizenship to Parliament?
The term "domicile" under Article 5 refers to what?
Article 9 states that a person who voluntarily acquires citizenship of another country:
Citizenship under Article 6 is granted to those who migrated to India before which date?
Which Article recognizes the continuation of Indian citizenship for those who renounce foreign citizenship?
The Constitution of India originally provided for how many modes of acquiring citizenship?
The Citizenship Act, 1955, was enacted under the provisions of which Article?
Who has the power to make laws regarding acquisition and termination of Indian citizenship?
Under Article 6, what is the cut-off date for migration from Pakistan to India for citizenship eligibility?
Article 7 applies to which group of individuals?
Article 10 guarantees the continuation of Indian citizenship subject to:
Which Article allows Indian citizenship for persons of Indian origin residing abroad?
The Constitution prohibits dual citizenship under which Article?
Which Article provides for citizenship at the commencement of the Constitution?
The criteria for citizenship under Article 5 include which of the following?
Article 7 primarily addresses the citizenship status of:
What is the significance of Article 8 in the context of citizenship?
The power to regulate citizenship under Article 11 includes:
Citizenship by birth is primarily addressed under which Article?
Article 10 provides that every person who is or is deemed to be a citizen of India shall continue as such, subject to:
Which act governs citizenship in India apart from Articles 5–11?
The principle of "single citizenship" in India is derived from which country?
Who was responsible for drafting the provisions on citizenship in the Constitution?
Citizenship under Article 6 is extended to people of Indian origin who migrated from Pakistan under which condition?
What is the difference between Articles 6 and 8 in terms of citizenship?
Which Article ensures that laws made regarding citizenship cannot violate fundamental rights?