Topic Details (Notes format)

Constitutional Provisions

Subject: Polity

Description

Constitutional Provisions

The Constitution of India provides a comprehensive framework for citizenship through Articles 5 to 11, each of which addresses a specific aspect of who may be considered a citizen and under what circumstances:

Article 5

Article 5 establishes the status of citizenship at the commencement of the Constitution. It determines that any person domiciled in India and having a connection with the country as of the commencement date is recognized as a citizen, thereby forming the original citizenry of the nation.

Article 6

Article 6 protects the rights of persons who migrated to India from Pakistan before the commencement of the Constitution. It ensures that these individuals retain their citizenship, reflecting the sensitive historical context of partition.

Article 7

Article 7 extends citizenship to persons who migrated from Pakistan to India after the commencement of the Constitution. This provision addresses the complexities arising from post-partition migration and safeguards the rights of these new residents.

Article 8

Article 8 focuses on persons of Indian origin residing outside India, specifying conditions under which they may be registered as citizens. It establishes a link between the global Indian diaspora and the nation, reinforcing cultural and familial ties.

Article 9

Article 9 makes it clear that any person voluntarily acquiring the citizenship of a foreign country is no longer considered an Indian citizen. This clause is essential in preserving the integrity of Indian citizenship by preventing dual allegiances.

Article 10

Article 10 guarantees the continuity of citizenship, ensuring that every person recognized as a citizen under the preceding articles remains a citizen, subject only to the exceptions provided by law.

Article 11

Article 11 empowers Parliament to enact laws regarding the acquisition and termination of citizenship. This article has provided the constitutional basis for the Citizenship Act, 1955, and allows the legislative framework to evolve as needed without necessitating a constitutional amendment.

Summary

Provides an in-depth explanation of Articles 5 to 11, which collectively define the acquisition, continuity, and termination of Indian citizenship.