Part II of the Indian Constitution (Articles 5–11): Citizenship
Introduction
Citizenship is the legal bond between an individual and a state. It provides a person with political, civil, and legal rights while imposing certain duties and obligations. In India, the concept of citizenship is dealt with under Part II of the Constitution, comprising Articles 5 to 11. These provisions were framed to address the unique circumstances prevailing at the time of independence and the partition of India in 1947.
Unlike many countries where citizenship provisions are elaborate, the Indian Constitution initially focused only on determining who would be considered citizens at the commencement of the Constitution on 26 January 1950. The power to regulate citizenship in the future was delegated to Parliament.
Part II remains significant because it laid the constitutional foundation of Indian citizenship and provided clarity during one of the most challenging periods in Indian history.
Historical Background
When India became independent in 1947, the partition led to the migration of millions of people between India and Pakistan. Determining the citizenship status of these migrants became a complex issue. The Constituent Assembly debated extensively on this matter and ultimately incorporated Articles 5 to 11 into the Constitution.
These provisions were intended to identify citizens at the commencement of the Constitution rather than establish a permanent citizenship code. Parliament was later empowered to enact laws governing citizenship, resulting in the Citizenship Act, 1955.
Article 5: Citizenship at the Commencement of the Constitution
Article 5 specifies who became a citizen of India on 26 January 1950.
A person was considered a citizen if:
He or she had a domicile in India; and
Satisfied any one of the following conditions:
Was born in India; or
Either parent was born in India; or
Had ordinarily resided in India for at least five years immediately preceding the commencement of the Constitution.
The concept of domicile is crucial under this Article. Domicile refers to a person's permanent home and intention to reside permanently in a particular country.
Thus, Article 5 established the basic criteria for citizenship based on birth, parentage, residence, and domicile.
Article 6: Rights of Citizenship of Certain Persons Migrating from Pakistan
Article 6 deals with persons who migrated from Pakistan to India due to partition.
Such persons became citizens if:
They or their parents/grandparents were born in undivided India; and
They migrated before 19 July 1948 and were ordinarily residing in India; or
If they migrated after 19 July 1948, they were required to register themselves as citizens after residing in India for at least six months.
This provision was intended to protect those who had left Pakistan and settled in India with the intention of making India their permanent home.
Article 7: Rights of Citizenship of Certain Migrants to Pakistan
Article 7 addresses the opposite situation.
A person who migrated from India to Pakistan after 1 March 1947 generally lost the right to Indian citizenship.
However, an exception was provided for those who returned to India under a permit for resettlement or permanent return. Such persons could acquire Indian citizenship through the procedure prescribed under Article 6.
Article 7 reflected the political realities of partition and sought to distinguish between permanent migration and temporary movement.
Article 8: Citizenship of Indians Residing Abroad
Article 8 grants citizenship rights to persons of Indian origin living outside India.
A person residing outside India could become an Indian citizen if:
He or she, or either parent or grandparent, was born in India as defined under the Government of India Act, 1935; and
The person registered himself or herself as a citizen at an Indian diplomatic or consular office abroad.
This provision acknowledged the connection of overseas Indians with their homeland and ensured that they could retain Indian citizenship under specified conditions.
Article 9: Voluntary Acquisition of Foreign Citizenship
Article 9 establishes the principle of single citizenship in India.
It states that any person who voluntarily acquires the citizenship of a foreign state shall not be considered a citizen of India.
India does not recognize full dual citizenship. Although Overseas Citizenship of India (OCI) provides certain benefits, it does not confer actual citizenship rights such as voting or holding constitutional offices.
Article 9 emphasizes loyalty to a single sovereign state.
Article 10: Continuance of Citizenship Rights
Article 10 provides continuity and stability.
It states that every person recognized as a citizen under Articles 5 to 9 shall continue to be a citizen, subject to laws made by Parliament.
This Article ensures that citizenship acquired at the commencement of the Constitution remains valid unless altered according to law.
Article 11: Power of Parliament to Regulate Citizenship
Article 11 gives Parliament the authority to make laws regarding:
Acquisition of citizenship;
Termination of citizenship;
Renunciation of citizenship;
Other matters relating to citizenship.
Using this power, Parliament enacted the Citizenship Act, 1955, which remains the principal legislation governing citizenship in India.
This Article demonstrates the flexibility of the Constitution by allowing citizenship laws to evolve according to changing national requirements.
Important Amendments Related to Citizenship
Although Part II itself has not undergone major amendments, several significant amendments to the Citizenship Act have shaped India's citizenship framework.
Citizenship (Amendment) Act, 1986
Restricted citizenship by birth.
At least one parent had to be an Indian citizen for citizenship by birth.
Citizenship (Amendment) Act, 1992
Citizenship could be acquired through either parent.
Removed gender-based discrimination.
Citizenship (Amendment) Act, 2003
Introduced the concept of Overseas Citizenship of India (OCI).
Added provisions relating to illegal migrants.
Led to the creation of the National Register of Citizens (NRC) framework.
Citizenship (Amendment) Act, 2005
Expanded OCI benefits.
Simplified procedures for persons of Indian origin.
Citizenship (Amendment) Act, 2019
Provided a pathway to citizenship for specified religious minorities from Pakistan, Bangladesh, and Afghanistan who entered India before 31 December 2014.
Generated extensive constitutional and political debate.
Important Supreme Court Cases
1. Berubari Union Case (1960)
The Supreme Court discussed citizenship-related implications arising from territorial adjustments between India and Pakistan. The case highlighted the constitutional importance of citizenship in matters involving national territory.
2. State Trading Corporation of India Ltd. v. Commercial Tax Officer (1963)
The Court clarified that citizenship is a concept applicable only to natural persons and not to corporations or companies.
3. Izhar Ahmad Khan v. Union of India (1962)
The Supreme Court examined migration during partition and interpreted Articles 6 and 7. The judgment remains a leading authority on partition-related citizenship issues.
4. Pradeep Jain v. Union of India (1984)
Although primarily concerning domicile and residence, the Court discussed the distinction between citizenship, residence, and domicile, providing important constitutional clarity.
5. Sarbananda Sonowal v. Union of India (2005)
The Supreme Court emphasized the importance of regulating illegal migration and protecting the integrity of citizenship laws.
Conclusion
Part II of the Indian Constitution occupies a unique place in constitutional law. Articles 5 to 11 were drafted to address the extraordinary circumstances arising from independence and partition. They established the initial framework for determining Indian citizenship while empowering Parliament to develop a comprehensive citizenship regime.
These provisions continue to be relevant because they define the constitutional foundation of citizenship in India. Understanding Articles 5 to 11 is essential for students of polity, constitutional law, UPSC aspirants, and anyone interested in the evolution of Indian democracy. Through judicial interpretation and legislative developments, the concept of citizenship has adapted to changing realities while remaining rooted in the constitutional vision of a united and sovereign India.
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