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Title and Composition: “Citizenship” (Articles 5-11)
- Part 2 of the Indian Constitution is titled “Citizenship” and consists of Articles 5 to 11.
- These articles lay down the rules and principles regarding the citizenship of India.
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Acquisition of Citizenship: Article 5
- Article 5 deals with the citizenship of India at the commencement of the Constitution (January 26, 1950).
- Those who were born in India or had Indian origin were considered citizens of India.
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Citizenship by Birth: Articles 7 and 8
- Article 7 is related to the rights of migrants to Pakistan during the partition. It states that those who migrated to Pakistan but later returned to India could resume their Indian citizenship.
- Article 8 grants certain rights to individuals of Indian origin living outside India.
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Citizenship by Descent: Article 6
- Article 6 addresses citizenship by descent. It states that a person born after the commencement of the Constitution in India shall be a citizen if either of their parents is an Indian citizen.
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Citizenship by Registration: Article 6
- Article 6 empowers the Parliament to create laws regarding the acquisition and termination of citizenship by registration.
- This means that Parliament has the authority to define the conditions under which a person can acquire Indian citizenship through registration.
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Citizenship by Naturalization: Articles 5 and 6
- Articles 5 and 6 grant the Parliament the authority to determine the conditions under which a foreigner may become a citizen of India through naturalization.
- This allows the government to set the eligibility criteria for foreigners seeking Indian citizenship.
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Termination of Citizenship: Article 9
- Article 9 gives the Parliament the power to enact laws regarding the termination of citizenship for those who voluntarily acquire citizenship of another country.
- This provision is aimed at addressing situations where a person willingly acquires citizenship of another nation and thereby loses their Indian citizenship.
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Rights of Citizenship: Article 10
- Article 10 provides the Parliament with the ability to regulate the rights of citizenship for individuals who have acquired or are acquiring citizenship through methods other than birth.
- This ensures that the government can specify the rights and privileges associated with various routes to citizenship.
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Continuation of Rights: Article 11
- Article 11 authorises the Parliament to regulate the rights of citizenship for individuals who were citizens at the time of the Constitution’s commencement but subsequently acquire citizenship of another country.
- This provision helps in determining the status and rights of dual citizens.
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Amendment of Citizenship Provisions: Article 11
- Article 11 enables the Parliament to amend or modify the provisions related to citizenship through legislation.
- This grants the flexibility to adapt citizenship laws to changing circumstances and needs.
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Significance:
- Part 2 of the Constitution establishes the criteria for determining who qualifies as a citizen of India and outlines the various routes through which citizenship can be obtained, maintained, or revoked.
