Citizenship in Indian Constitution
Understand the concept of Citizenship in India with a clear focus on PSC exams. Learn constitutional provisions, legal aspects, and exam-relevant points in a simple and concise manner.
CITIZENSHIP
• Legally, a person becomes part of a nation through their citizenship.
• “Any person who has the right to participate in the legislative proceedings and administration of justice of a state can be called a citizen of that state.” — Aristotle.
• When a person acquires citizenship, they are granted the rights and protections provided by the state.
• Single citizenship is a feature of Indian federalism.
• The concept of single citizenship is borrowed from Britain.
Constitutional Provisions
• The part of the Indian Constitution that deals with citizenship is Part II, Article 5 to 11.
• The granting and revocation of citizenship are the responsibility of the Government of India (Union Ministry of Home Affairs).
• Citizenship is considered to be full and equal membership in a political community.
• The citizenship that a person acquires by birth is called natural citizenship.
• Acquired citizenship is citizenship that a person acquires by following the… (Note: The text cuts off here in the source material).
Article 5: Citizenship at the commencement of the Constitution
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 6: Rights of citizenship to certain persons who have migrated to India from Pakistan
Not with standing anything contained in Article 5, a person who has migrated from the territory now belonging to Pakistan to the territory of India, (a) that person or one of his parents or his grandparents was born in India as defined in the Government of India Act, 1935, and (b) (i) that person had so migrated before the 19th day of July, 1948, and had been ordinarily resident in the territory of India since that date, or (ii) that person had migrated as mentioned on or after the 19th day of July, 1948, and had made an application before the commencement of this constitution, applied to an officer appointed by the Government of the Dominion of India for that purpose and had been registered as a citizen of India.
That person shall be deemed to be a citizen of India from the commencement of the Constitution. However, a person who has not been ordinarily resident in the territory of India for at least six months is not eligible to apply for such registration.
Article 7: Rights of citizenship of certain migrants to Pakistan
Not with standing anything contained in Articles 5 and 6, a person who, after the 1st 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.
However, a person who, after migrating to the territory now included in Pakistan as described above, has returned to the territory of India seeking permission for resettlement or permanent return under any law, shall not be governed by Article 7, and such a person shall be deemed to have migrated to the territory of India after the 19th day of July, 1948, for the purposes of Article 6(b).
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India.
• If the person, or any of their parents or grandparents, was born in India as defined under the Government of India Act, 1935, but the person is residing in any other country, he may acquire Indian citizenship through registration.
• Article 9: A person who voluntarily acquires the citizenship of a foreign country shall not thereafter be a citizen of India.
• (Article 5, Article 6 and Article 8 shall not apply)
• Article 10. Continuance of the rights of citizenship.—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 11. Parliament to regulate the right of citizenship by law.—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.