Articles 5 to 11 of Indian Constitution – Citizenship Article, Download Citizenship UPSC PDF

Citizenship in Indian Constitution

Citizenship in the Indian Constitution refers to the legal status of an individual as a member of the Indian state. The Constitution defines citizenship in Articles 5 to 11, which lay down the provisions for the acquisition and termination of citizenship in India. Citizenship in the Indian Constitution represents the legal and political relationship between an individual and the Indian state and is a crucial aspect of the democratic system of India.

Citizenship UPSC Notes PDF

The constitutional foundation for citizenship in India is provided by the Citizenship Act of 1955 and its subsequent amendments. The Act defines the procedures for obtaining and losing citizenship as well as the duties and rights of citizens. It also lays forth the guidelines for handling situations involving undocumented immigrants and refugees.

Eligibility of Citizenship

It is possible to define citizenship as the position, identity, or state of being a citizen of any country. The several criteria under which persons are given citizenship in India are described in the Indian nationality legislation. Regardless of the nationality of their parents, anyone born between January 26, 1950, and July 1, 1987, in India is automatically given Indian citizenship.

• How many times was the Citizenship Act 1955 Amended?
• Difference Between Nationality and Citizenship

Those born between July 1, 1987, and December 3, 2004, however, are only eligible for Indian citizenship when one of their parents is a native Indian. Those born in the country after 2004 are only granted Indian citizenship when both parents are Indians or even if one parent would be an Indian while the other is a legitimate immigrant in India. For persons from various nations, the procedures for obtaining Indian citizenship varied, making it a time-consuming procedure.

Article 5 to 11

The Constitution of India has specific provisions for Citizenship in India, explaining all the concepts and laws. Citizenship Articles range from Articles 5 to 11 in Part 2 of the Indian Constitution. These articles define who is considered a citizen of India, how citizenship can be acquired, and the rights and privileges of Indian citizens.

These articles play an important role in defining and regulating the citizenship of India. The foundational principle of Indian citizenship is based on jus soli (birthright citizenship) and jus sanguinis (citizenship by descent).

• Article 5 defines who is considered a citizen of India at the time of the Constitution’s commencement;
• Article 6 and Article 7 deal with the rights of citizenship for certain persons who migrated to India or Pakistan after the partition of India in 1947;
• Article 8 defines the rights of citizenship for persons of Indian origin residing outside India;
• Article 9 deals with the termination of citizenship of persons who voluntarily acquire the citizenship of another country;
• Article 10 defines the rights of persons who are deemed to be citizens of India but are residing outside India;
• Article 11 deals with the power of Parliament to regulate the acquisition and termination of citizenship.

Articles 5 to 11 of Indian Constitution: Summary

• Article 5: Citizenship at the Commencement of the Constitution
• Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan
• Article 7: Rights of Citizenship of certain migrants to Pakistan
• Article 8: Rights of citizenship of certain persons of Indian origin residing outside India
• Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens
• Article 10: Continuance of the Rights of citizenship
• Article 11: Parliament to regulate the right of citizenship by law

Citizenship Article 5

Article 5 of the Indian Constitution lays down the provisions for citizenship at the commencement of the Constitution, which came into effect on January 26, 1950. The article defines who is considered a citizen of India at the time of the commencement of the constitution. According to Article 5, anyone who was born in India or has at least one parent who is a citizen of India at the time of the Constitution’s commencement is considered a citizen of India. This principle of citizenship based on birthright and descent is known as jus soli and jus sanguinis, respectively.

The article recognizes the importance of the connection between the individual and the land and the people to which they belong. It ensures that all persons who have a connection to India through birth or parentage are entitled to citizenship. This provision is important in ensuring that all citizens of India have equal rights and protections under the law, regardless of their nationality or background. The provision of citizenship at the commencement of the Constitution has been instrumental in ensuring that India is a diverse and inclusive country. It has allowed all persons within its borders to be recognized as citizens, with equal rights and privileges.

Article 6

Article 6 of the Indian Constitution provides citizenship rights to certain persons who have migrated to India from Pakistan. This provision applies to those individuals who migrated to India on or after March 1, 1947, but before July 19, 1948. These individuals must have been or must be domiciled in India and must have been displaced or compelled to leave their homes or properties in Pakistan.

Article 6 guarantees that these individuals will be deemed to be citizens of India if they or their parents or grandparents were born in India as defined in the Government of India Act, 1935. However, the citizenship rights under Article 6 are subject to certain conditions, such as registration with the authorities and compliance with other relevant laws.

• It is important to note that the citizenship rights under Article 6 are specific to those individuals who migrated from Pakistan during the specified period and meet the other criteria mentioned in the provision.
• It does not apply to individuals who migrated from other countries or at other times, or to those who do not meet the specific criteria mentioned in Article 6 of the Indian Constitution.

Article 7

Article 7 of the Indian Constitution deals with the rights of citizenship of certain migrants to Pakistan. It states that any person who has migrated to Pakistan from India after March 1, 1947, shall be deemed to have ceased to be a citizen of India. This provision applies to individuals who migrated to Pakistan during or after the partition of India and Pakistan in 1947. Such individuals are not considered Indian citizens and are not entitled to the rights and privileges that come with Indian citizenship.

However, the Government of India has provided certain exemptions to this rule in certain cases, such as when a person who migrated to Pakistan from India after March 1, 1947, returns to India for resettlement or any other purpose. In such cases, the government may grant citizenship to such individuals based on their discretion and subject to certain conditions.

Article 8

Article 8 of the Indian Constitution provides certain rights of citizenship to persons of Indian origin residing outside India. This article states that a person of Indian origin who is not a citizen of any other country and who or either of whose parents or grandparents were born in India, shall be entitled to certain rights of citizenship.

Article 8 of the Indian Constitution grants certain rights of citizenship to persons of Indian origin who reside outside India. These include the right to register as an Overseas Citizen of India, which grants them a lifelong visa to visit India and certain benefits in economic, financial, job, marriage, and educational fields.

By working with the Indian Diplomatic Mission, persons of Indian origin residing outside India can access the full range of rights and benefits afforded to Indian citizens and maintain a strong connection to their heritage and culture.

Article 9

Article 9 of the Indian Constitution states that any person who voluntarily acquires citizenship of a foreign country will no longer be considered a citizen of India. In other words, if a person acquires citizenship of a foreign country by his or her own free will and choice, then he or she will automatically lose citizenship in India. This means that they will lose all rights and benefits that come with Indian citizenship, such as the right to vote in Indian elections or hold public office.

The individuals need to surrender their passports; if they fail to do so, they will be booked under a punishable offense. The reasoning behind this provision is that Indian citizenship is seen as a privilege that comes with certain responsibilities, such as the duty to uphold the Constitution of India.

Article 10

Article 10 of the Indian Constitution deals with the continuance of the rights of citizenship. This article states that any person who was a citizen of India at the commencement of the Constitution, and who has not voluntarily acquired the citizenship of another country, shall continue to be an Indian citizen.

This includes persons born in India to parents who are not Indian citizens, as long as at least one of the parents is not an illegal immigrant at the time of the child’s birth. Individuals who are deemed citizens of India in relation to any act or provision of Part 2 of the Indian Constitution would be subject to any law passed by the Indian Parliament.

Article 11

Article 11 of the Constitution of India gives the Parliament of India the power to regulate the right to citizenship by law. This means that the Parliament has the authority to enact laws that govern the acquisition and termination of citizenship in India.

The article states that the Parliament may, by law, specify the conditions under which a person may become a citizen of India, as well as the circumstances under which a person may cease to be a citizen of India. This includes providing guidelines for the registration of citizenship, the granting of citizenship by naturalization, and the termination of citizenship.

Indian Citizenship Act of 1955

The Indian Citizenship Act of 1955 is a comprehensive law that defines the criteria for Indian citizenship. The act was enacted by the Parliament of India under the authority of Article 11 of the Indian Constitution. The Indian Citizenship Act also contains provisions that govern the loss of citizenship.

A person may lose their Indian citizenship if they voluntarily acquire the citizenship of another country, or if they renounce their Indian citizenship. The act outlines the following criteria for Indian citizenship:

• Citizenship by birth: Any person born in India on or after 26th January 1950 but before 1st July 1987 is considered an Indian citizen by birth, irrespective of the nationality of their parents.
• Citizenship by descent: Any person born outside India on or after 26th January 1950 but before 10th December 1992, and whose parents were Indian citizens at the time of their birth, is considered a citizen by descent.
• Citizenship by registration: Persons who are not citizens by birth or descent may be eligible for citizenship through registration. This includes individuals who have been residing in India for a certain period of time, as well as spouses of Indian citizens.
• Citizenship by naturalization: Foreigners who have been residing in India for a certain period of time and meet certain other criteria may be eligible for citizenship through naturalization.

The Indian Citizenship Act of 1955 provides a framework for determining who is eligible for Indian citizenship, as well as the criteria for acquiring and losing citizenship. The act has been amended several times over the years to reflect changing circumstances and priorities, such as the inclusion of certain groups who were previously excluded from citizenship.

Citizenship in India: Constitutional Acts and Amendments

Citizenship in India is governed by the Constitution of India, as well as several Acts and amendments that have been enacted over the years. Here is an overview of the important constitutional acts and amendments related to citizenship in India:

• Constitution of India: The Indian Constitution, which came into effect on 26th January 1950, defines the principles of citizenship in India. It outlines the criteria for citizenship, as well as the rights and responsibilities of Indian citizens.
• Indian Citizenship Act, 1955: The Indian Citizenship Act was enacted by the Indian Parliament in 1955 to provide a comprehensive framework for citizenship in India. The act outlines the criteria for Indian citizenship by birth, descent, registration, and naturalization, as well as the provisions for the loss of citizenship.
• The Constitution (Amendment) Act, 1986: This amendment was enacted to allow non-citizens who had migrated to India from Bangladesh and Pakistan to apply for Indian citizenship.
• The Citizenship (Amendment) Act, 2003: This amendment relaxed the residency requirements for citizenship through naturalization for certain categories of foreigners, including persons of Indian origin and spouses of Indian citizens.
• The Citizenship (Amendment) Act, 2015: This amendment allowed persons of Indian origin who are citizens of certain specified countries to apply for Indian citizenship, subject to certain conditions.
• The Citizenship (Amendment) Act, 2019: This amendment created controversy as it introduced religion as a criterion for Indian citizenship. It amended the Indian Citizenship Act to allow certain categories of non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan who had entered India before December 2014 to apply for Indian citizenship.

Dissolution Of Citizenship In India

The dissolution of citizenship in the Indian constitution refers to the loss or revocation of Indian citizenship. There are several ways in which a person can lose their Indian citizenship, as mentioned in the Indian Citizenship Act of 1955. Here are the key ways in which citizenship can be dissolved in India:

• Voluntary renunciation: Any Indian citizen who is of full age and capacity can renounce their Indian citizenship. This requires making a declaration in the prescribed manner and form to the government authorities. Any non-residential age 18 or above can put a statement for surrendering their Indian Citizenship. Once this declaration is mentioned in the federation, they can cease being an Indian citizen.
• Acquisition of foreign citizenship: Any Indian citizen who voluntarily acquires the citizenship of a foreign country ceases to be an Indian citizen. However, certain categories of persons are exempted from this rule, including those who acquire citizenship in a foreign country by marriage or through other specified means.
• Deprivation by the government: The government of India has the power to deprive a person of their Indian citizenship if they are satisfied that the person has acquired the citizenship of a foreign country through fraud or misrepresentation, or if they are engaged in activities that are prejudicial to the interests of India.
• Termination of citizenship by law: The Indian Parliament has the power to enact laws that govern the acquisition and loss of Indian citizenship. Any law made by Parliament regarding citizenship shall not be deemed to be a violation of the fundamental rights guaranteed by the Constitution.

It is important to note that the Citizenship in Indian Constitution guarantees certain rights to citizens, and the dissolution of citizenship may result in the loss of those rights. Therefore, the process of dissolution of citizenship is taken very seriously, and there are specific procedures and safeguards in place to ensure that the process is fair and transparent.

Persons of Indian Origin Card

The Person of Indian Origin (PIO) Card was a document issued by the Government of India to individuals of Indian origin who were citizens of another country. It allowed them to travel to India without a visa for a certain period of time, own property, and engage in business or employment in India. It also provided certain other benefits, such as exemption from registration with the Foreigners Regional Registration Office (FRRO) if the stay in India was less than 180 days.

However, the PIO card has been merged with the Overseas Citizen of India (OCI) card, which is now the preferred form of identification for people of Indian origin living abroad. The OCI card provides similar benefits to the PIO card, with the added advantage of being a lifelong visa for travel to India and allowing the cardholder to work or study in India without the need for additional permits. If a person is of Indian origin and a citizen of any nation other than Sri Lanka, Pakistan, Bangladesh, Nepal, China, Bhutan, or Afghanistan, or if they have previously held an Indian passport, they may be eligible for a PIO card.

Overseas Citizen of India Card

The Overseas Citizen of India (OCI) Card is a document issued by the Indian government to individuals of Indian origin who are citizens of other countries. It provides several benefits, including the ability to travel to India without the need for a visa, the right to work or study in India without the need for additional permits, and the ability to own property and engage in business activities in India.

The OCI card is a lifelong document and is intended to facilitate closer ties between India and its diaspora. It also provides certain privileges, such as exemption from registration with the Foreigners Regional Registration Office for any length of stay in India, and parity with Non-Resident Indians (NRIs) in respect of financial, economic, and educational fields. Overall, the OCI card is an important document for people of Indian origin living abroad who wish to maintain their connection with India and enjoy the benefits of being an Indian citizen.

National Register of Citizenship

The National Registry of Citizens (NRC) is a database that contains information about Indian citizens who live within as well as outside the country. The National Registry of Citizens is a database of all citizens of India, authorized by a 2003 modification to the Citizenship Act of 1955. Its goal is to document all the legal citizens of India so that illegal immigrants can be discovered and removed. It was first introduced in the state of Assam in 2013-2014.

To be included in the National Register of Citizenship, individuals must provide documentary proof of their citizenship, such as birth certificates, land documents, and voter ID cards. The documents are verified by authorities, and those found to be lacking the necessary documentation are excluded from the NRC. The excluded individuals then have to go through a legal process to prove their citizenship.

Exceptional Case of Citizenship in the Constitution

After 1971, Assam observed an extensive illegal migration from what was previously known as East Pakistan or present Bangladesh. Because of this illegal migration, the Assam movement was launched for six years, from 1979 to 1985, to expel these illegal migrants.

• This movement was led by AASU, a students’ union demanding to renew the NRC and expel all illegal migrants who entered India after 1951;
• This movement further led to the 1985’s remarkable Assam Accord, which the Rajiv Gandhi Government and chiefs of the movement signed;
• The Assam Accord set a deadline of 25 March 1971 for expelling illegal migrants;
• A new section (6A) was proposed in the 1995 Citizenship Act to force this new deadline date because, according to Articles 5 and 6, this date was 19 July 1949.

Citizenship UPSC

Citizenship in the Indian Constitution is an important section of the Indian Polity and Governance subject. The topic is necessary for Prelims, Mains, and Interview rounds. Therefore, aspirants need to have detailed knowledge of this Indian citizenship topic as per the UPSC Syllabus and keep an account of related Current Affairs for excellent preparation for the exam.

After understanding the topic, students must download the Citizenship UPSC Notes for feasible preparation and practice question papers to figure out what types of questions are asked on this topic and prepare accordingly with the right UPSC Books and notes.

Citizenship Sample Questions

Question: Which of the below-mentioned conditions can lead to an individual losing Indian citizenship? A) If an individual gives up their Indian Citizenship, B) If an individual is willing to accept another nation’s Citizenship, C) The government of India takes away Citizenship, D) All three conditions
Answer: All three conditions

Question: By which of the following modes a person can acquire citizenship in India? a) By birth, b) By descent, c) By registration, d) By request. Options: 1) a,b and c, 2) a,b and d, 3) a,c and d, 4) All are correct
Answer: a,b and c

Question: Which of the following conditions can lead to the loss of Indian Citizenship of an individual? 1) Acquiring citizenship of another country, 2) Unlawful trade with the enemy during a war, 3) A citizen of India ordinarily resident out of India for 5 years. Select the correct answer from the codes: 1) 1 only, 2) 2 and 3 only, 3) 1 and 2 only, 4) More than one of the above, 5) None of the above
Answer: 1 and 2 only

Question: Which are the modes of losing Indian Citizenship according to the Citizenship Act of 1955? 1) Renunciation, 2) Termination, 3) Deprivation. Select the correct answer using the codes: 1) 1 and 2 only, 2) 2 and 3 only, 3) 1, 2, and 3, 4) More than one of Above, 5) None of the Above
Answer: 1, 2, and 3

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