citizenship of India Art 5 to 11

Introduction

Citizenship is a crucial legal concept that determines an individual’s rights and duties within a country. The Indian Constitution, along with the Citizenship Act of 1955, lays down the framework for acquiring, retaining, and losing citizenship. Articles 5 to 11 of the Indian Constitution deal with citizenship at the time of its commencement, while the Citizenship Act of 1955 governs the subsequent acquisition and loss of citizenship. This article will explore Articles 5 to 11 of the Constitution, the methods of acquiring citizenship, and the ways it can be lost.

Citizenship Provisions in the Indian Constitution (Articles 5 to 11)

Article 5: Citizenship by Domicile

Article 5 provides citizenship to persons who had their domicile in India at the commencement of the Constitution. Citizenship under this article is granted if:

The person was born in India
Either of the person’s parents was born in India
The person has been residing in India for at least five years immediately preceding the commencement of the Constitution

Case Law: Pradeep Jain v. Union of India (1984)
In this case, the Supreme Court clarified that India has only one unified domicile. A person cannot claim separate domiciles for different states. This decision was significant in defining citizenship and the uniformity of domicile across the country.

Article 6: Citizenship of Migrants from Pakistan

Article 6 addresses the citizenship of individuals who migrated to India from Pakistan during the partition. The article distinguishes between those who migrated before and after July 19, 1948:

Those who migrated before July 19, 1948, are deemed citizens of India if they have been residing in India since their migration.
Those who migrated after this date are required to register as citizens and must have resided in India for six months immediately before applying for registration.

Case Law: Shanno Devi v. Mangal Sain (1961)
In this case, the Supreme Court interpreted the term “migration” as moving from one country to another with the intent to reside permanently. This ruling was essential in determining the citizenship status of individuals migrating during the partition.

Article 7: Citizenship of Migrants to Pakistan

Article 7 deals with individuals who migrated from India to Pakistan after March 1, 1947. Such individuals are not deemed citizens of India unless they return to India under a permit for resettlement or permanent return.

Case Law: Kulathil Mammu v. State of Kerala (1966)
In this case, the Supreme Court expanded the definition of “migration” in Articles 6 and 7, stating that it refers to a voluntary movement, irrespective of whether the intention was to reside permanently or temporarily.

Article 8: Citizenship of Persons of Indian Origin Residing Outside India

Article 8 grants citizenship to individuals of Indian origin residing outside India if:

They or their parents or grandparents were born in India, as defined by the Government of India Act, 1935
They are registered as citizens of India by diplomatic or consular representatives in the country where they reside

This article ensures that Indian-origin individuals living abroad retain their ties with India.

Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State

Article 9 states that any person who voluntarily acquires the citizenship of a foreign state cannot be considered a citizen of India. This provision ensures that individuals cannot hold dual citizenship.

Case Law: State Trading Corporation of India v. Commercial Tax Officer (1963)
In this case, the Supreme Court held that citizenship in India refers to natural persons and does not apply to juristic persons like corporations. This decision further clarified that companies and other legal entities cannot claim citizenship rights.

Article 10: Continuance of Rights of Citizenship

Article 10 ensures that any person who is or is deemed to be a citizen of India under the provisions of the Constitution continues to be such a citizen, subject to any law made by Parliament. This provision protects the citizenship rights of individuals from arbitrary loss or denial.

Article 11: Parliament’s Power to Regulate Citizenship by Law

Article 11 empowers Parliament to make laws regarding the acquisition and termination of citizenship and all other related matters. This article gives the Indian Parliament the authority to regulate citizenship beyond the provisions laid out in the Constitution.

Citizenship Act of 1955: Modes of Acquiring Citizenship

The Citizenship Act, of 1955, provides additional means for acquiring Indian citizenship. These include:

1. By Birth

A person born in India between January 26, 1950, and June 30, 1987, is considered a citizen of India. A person born after July 1, 1987, is a citizen if at least one of their parents is an Indian citizen. After the 2003 amendment, a person born after December 3, 2004, can be a citizen if both parents are citizens, or one parent is a citizen and the other is not an illegal migrant.

2. By Descent

A person born outside India is considered an Indian citizen if: They were born between January 26, 1950, and December 10, 1992, and their father was an Indian citizen at the time of their birth. They were born after December 10, 1992, and neither parent was a citizen of India at the time of their birth.

3. By Registration

Indian citizenship can be acquired by registration for persons of Indian origin who have been residing in India for seven years. Persons married to an Indian citizen and residing in India for seven years. Minor children of Indian citizens.

4. By Naturalization

Foreigners can acquire Indian citizenship through naturalization if they have resided in India for 12 years and meet the other conditions specified under the Citizenship Act, of 1955.

5. By Incorporation of Territory

If a foreign territory becomes part of India, the Government of India can determine who among the residents will become Indian citizens.

Loss of Citizenship

Indian citizenship can be lost in three ways:

1. By Renunciation

A person can voluntarily renounce Indian citizenship if they acquire the citizenship of another country.

2. By Termination

Indian citizenship is automatically terminated when a person acquires foreign citizenship, except during times of war.

3. By Deprivation

The government can deprive an individual of Indian citizenship if: Citizenship was obtained fraudulently. The individual has shown disloyalty to the Constitution. The individual has unlawfully communicated with the enemy during wartime.

Conclusion

Citizenship in India is a vital legal status governed by both the Constitution and the Citizenship Act, 1955. Articles 5 to 11 provide the foundation for determining citizenship at the time of the Constitution’s commencement, while the Citizenship Act regulates citizenship acquisition and loss thereafter. Together, these provisions ensure that Indian citizenship is clearly defined, protected, and regulated, maintaining the integrity of the nation and its people.

FAQs

1. Can an Indian citizen hold dual citizenship?

No, Article 9 of the Constitution explicitly prohibits Indian citizens from holding dual citizenship. Acquiring citizenship of another country results in the automatic termination of Indian citizenship.

2. How can a foreigner acquire Indian citizenship?

A foreigner can acquire Indian citizenship through naturalization if they have resided in India for 12 years and meet other specified conditions under the Citizenship Act, of 1955.

3. Can Indian citizenship be revoked?

Yes, Indian citizenship can be revoked by the government under certain circumstances, such as obtaining citizenship through fraud or engaging in activities disloyal to the Constitution.