Citizenship

citizenship has become a controversial topic in all the heated debates in all forums and news channels by the implementation of the Citizenship Amendment Act that was passed in 2019. In this Article, I have tried to throw light on the citizenship provisions of our constitution.

The Part II of the constitution of India explains about citizenship. It includes articles 5 to 11.

Art. 5 “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 preceding such commencement, shall be a citizen of India”

The article 5 of the constitution of India says that citizenship of an individual at the commencement of the constitution of India. It can be decided on the grounds as mentioned in the Art.5.  

The Art. 6 of The constitution of India 

“6. Rights of citizenship of certain persons who have migrated to India from Pakistan Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if

(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b)

(i)in the case where such person has so migrated before the nineteenth day of July, 1948 , he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948 , he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India or at least six months immediately preceding the date of his application.”

The article 6 of the constitution of India talks about the citizenship of persons migrated to India from Pakistan. This is mainly because there was a migration of a large number of people after the division of India and Pakistan after 1947.

The Art. 7 of The Constitution of India

“7. Rights of citizenship of certain migrants to Pakistan Notwithstanding anything in Articles 5 and 6, a person who has after the first 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: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948 “

This Art. Of the Constitution of India talks about the citizenship rights of people who migrated to Pakistan from India after the Division of the two nations.

The Art.8 of the Constitution of India states

“8. Rights of citizenship of certain persons of India origin residing outside India Notwithstanding anything in Article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India”

This Art. Talks about NRI’s (Non-Resident Indians) and the rights that they possess in the Indian Territory.

The Art.9 of the Constitution of India

“9. Person voluntarily acquiring citizenship of a foreign State not to be citizens 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. “

This Art. talks about the persons who are acquiring citizenship of a foreign state are not considered as the citizens of India. India does not allow citizens to have dual citizenship unlike other states.

The Art.10 of the Constitution of India

“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”

This Art. talks about the rights of people who are the citizens of India under the part 2 of the Constitution Of India will not restrict the parliament to make laws on citizenship.

The Art.11 of the Constitution of India

“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 PART III FUNDAMENTAL RIGHTS General.”

This Art. talks about the power that the parliament has the power to make laws and amend the laws made regarding citizenship.

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