This part deals with who was considered a citizen of India at the time the Constitution started (January 26, 1950). Later laws like the Citizenship Act, 1955, govern citizenship acquisition and termination after this date.
Article 5: Citizenship at the commencement of the Constitution
- Simple Explanation: Defines who automatically became an Indian citizen on January 26, 1950. A person needed to meet two conditions:
- Domicile: They must have had their permanent home (domicile) in India.
- PLUS one of the following:
- (a) Born in India, OR
- (b) Either parent born in India, OR
- (c) Lived in India for at least 5 years just before January 26, 1950.
- Example:
- Someone born in Mumbai in 1930, whose family always lived there and considered it their permanent home, became a citizen under 5(a).
- Someone born in England in 1925, but whose father was born in India, and who moved to India intending to live there permanently before 1950, became a citizen under 5(b).
- Someone born outside India with parents also born outside India, but who moved to India in 1942, lived there continuously, and considered it their permanent home, became a citizen under 5(c).
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan
- Simple Explanation: This article specifically addresses people who moved from Pakistan to India around the time of Partition (before Jan 26, 1950). Such a person was considered a citizen on Jan 26, 1950, if:
- (a) They (or their parent/grandparent) were born in pre-partition India (as defined in the Govt. of India Act, 1935), AND
- Either:
- (b)(i) They migrated before July 19, 1948, and lived in India ever since, OR
- (b)(ii) They migrated on or after July 19, 1948, applied for citizenship, lived in India for at least 6 months before applying (Proviso), and were registered as a citizen by an appointed officer before Jan 26, 1950.
- Example:
- A family migrated from Lahore (Pakistan) to Delhi (India) in June 1948 and stayed. They were automatically citizens under 6(b)(i) (assuming condition ‘a’ was met).
- A family migrated from Karachi (Pakistan) to Lucknow (India) in August 1948. To become citizens at commencement, they needed to live in Lucknow for 6 months, apply for registration, and get registered before Jan 26, 1950, under 6(b)(ii).
Article 7: Rights of citizenship of certain migrants to Pakistan
- Simple Explanation: Generally, anyone who moved from India to Pakistan after March 1, 1947, lost their claim to Indian citizenship under Articles 5 or 6.
- Exception (Proviso): However, if such a person later came back to India with an official permit for resettlement or permanent return issued by law, they were not barred by this article. They could then potentially become citizens, but would be treated like those who migrated after July 19, 1948 (under Article 6(b)(ii)), meaning they needed to apply for registration after 6 months of residency.
- Example: A person moved from India to Pakistan in May 1947. They are generally not Indian citizens. But if they returned to India in 1949 with a valid government permit for permanent return and got registered before Jan 26, 1950 (after residing for 6 months), they could become a citizen.
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India
- Simple Explanation: This covers people of Indian origin (person, parent, or grandparent born in pre-partition India as defined in the Govt. of India Act, 1935) living abroad at the time the constitution commenced. They could be considered citizens if they registered themselves as such with an Indian diplomatic or consular representative (like an embassy or consulate) in their country of residence. This registration could happen before or after Jan 26, 1950, based on an application.
- Example: A person whose grandparents were born in India but who was born and living in Kenya in 1950 could apply to the Indian High Commission in Kenya to be registered as an Indian citizen under this article.
Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens
- Original Text: “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.”
- Simple Explanation: If someone voluntarily becomes a citizen of another country, they automatically lose their Indian citizenship granted under Articles 5, 6, or 8. This establishes that India did not permit dual citizenship for those covered by these initial constitutional provisions.
- Example: If a person eligible for citizenship under Article 8 living in the USA voluntarily obtained US citizenship before Jan 26, 1950, they would not be considered an Indian citizen on that date. Similarly, if they acquired foreign citizenship after Jan 26, 1950, they would cease to be an Indian citizen under this article (and subsequent laws like the Citizenship Act, 1955).
Article 10: Continuance of the rights of citizenship
- Original Text: “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.”
- Simple Explanation: Anyone recognized as a citizen under Articles 5 to 8 will continue to be an Indian citizen. However, this continuity is subject to laws that Parliament might make regarding citizenship in the future. Parliament has the power to legislate on how citizenship might be acquired or terminated later.
- Example: A person who became a citizen on Jan 26, 1950, under Article 5 remains a citizen. But Parliament later passed the Citizenship Act, 1955, which includes provisions for terminating citizenship under certain conditions (like voluntarily acquiring foreign citizenship). The person’s continued citizenship is subject to that Act.
Article 11: Parliament to regulate the right of citizenship by law
- Original Text: “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.”
- Simple Explanation: This article gives Parliament the supreme power to make laws about citizenship. It clarifies that Articles 5 to 10 (which dealt with citizenship at the commencement of the Constitution) do not limit Parliament’s ability to create laws governing how Indian citizenship can be gained or lost after the Constitution came into effect, and any other citizenship-related matters.
- Example: Based on this power, Parliament enacted the Citizenship Act, 1955. This Act details how people can become citizens after 1950 (by birth, descent, registration, naturalization) and under what conditions citizenship can be terminated (renunciation, deprivation, acquiring foreign citizenship). Any future changes to citizenship rules will also be made by Parliament through amendments to this Act or new legislation.
