Citizenship Provisions
Articles 5 to 11 of the Indian Constitution
1. Article 5: Citizenship at the commencement of the Constitution
- Definition: A person is a citizen of India if they were domiciled in India on 26th January 1950 and fulfilled any of the following conditions.
- Conditions:
- Born in India
- Either of the Parents was born in India
- Has been ordinarily resident of India for 5 years immediately before commencement of the Constitution
2 Article 6: Persons migrated from Pakistan
- Applicability: Applies to persons who migrated to India on or before partition from Pakistan.
- Two Categories:
- a.] Migration before 19 July 1948: A person became citizen if:
- He or either parent or grandparent was born in India [as per Government of India Act 1935]
- Migrated to India and lived in India since migration.
- b.] Migration after 19 July 1948: Must have:
- Registered as a citizen with Government of India officer
- Stayed for at least 6 months before registration.
- a.] Migration before 19 July 1948: A person became citizen if:
3 Article 7: Persons migrated to Pakistan
- Applicability: Deals with people who migrated to Pakistan on or after 1 March 1947.
- Status: They should not be considered as citizens.
- Exception: For those who returned to India by official permit for resettlement or permanent return.
4 Article 8: For Indian origin people living outside of India
- Applicability: Mainly for those who were living outside India under British rule.
- Eligibility: Person living outside India became a citizen if:
- He or either parent or grandparent was born in India [as per Government of India Act 1935]
- And he registered as a citizen at an Indian diplomatic/consular mission.
5 Article 9: Citizenship and Foreign citizenship
- Provision: If a person voluntarily acquires citizenship of another country, he cannot be an Indian citizen.
- Principle: Promotes single citizenship and rejects dual citizenship.
6 Article 10: Continuance of Citizenship
- Coverage:
- Person recognized as citizen under Articles 5-9, will be continuously recognized as a citizen.
- The recognition is subject to laws made by Parliament [Mainly the Citizenship Act 1955].
7 Article 11: Exclusive Parliament power to regulate citizenship
- Powers to Parliament:
- Make laws regarding acquisition, termination and regulation of citizenship.
- This led to the creation of Citizenship Act 1955.
B] Citizenship Act of 1955
1. Overview
- Enacted: 26th January 1955.
- Objective: To provide for the acquisition and determination of citizenship of India.
- Repealed: The Citizenship Act, 1955 was repealed and replaced by the Citizenship Act, 1986, and later by the Citizenship (Amendment) Act, 2019.
2. Key Provisions
| Provision | Description |
|---|---|
| Section 2 | Defines the acquisition of citizenship by birth, descent, registration, naturalization, and incorporation of territory. |
| Section 3 | Provides for the acquisition of citizenship by birth. |
| Section 4 | Provides for the acquisition of citizenship by descent. |
| Section 5 | Provides for the acquisition of citizenship by registration. |
| Section 6 | Provides for the acquisition of citizenship by naturalization. |
| Section 7 | Provides for the acquisition of citizenship by incorporation of territory. |
| Section 8 | Provides for the renunciation of citizenship. |
| Section 9 | Provides for the termination of citizenship. |
| Section 10 | Provides for the reacquisition of citizenship. |
3. Important Dates and Terms
- Date of Enactment: 26th January 1955.
- Repealed By: Citizenship Act, 1986.
- Amended By: Citizenship (Amendment) Act, 2019.
4. Key Facts for Competitive Exams
- The Citizenship Act, 1955 was the first comprehensive law on citizenship in India.
- It was replaced by the Citizenship Act, 1986, which introduced the concept of “citizenship by birth” for persons born in India after 1st November 1949.
- The Citizenship (Amendment) Act, 2019 introduced changes to the criteria for acquiring citizenship by naturalization and by descent.
- The Citizenship Act, 1955 is still referenced in the Citizenship (Amendment) Act, 2019 for certain provisions.
5. Differences Between Articles 5–11 and Citizenship Act, 1955
| Aspect | Articles 5–11 | Citizenship Act, 1955 |
|---|---|---|
| Basis | Constitution | Statute |
| Scope | Constitutional provisions | Legislative provisions |
| Amendments | Amended by Constitutional Amendments | Amended by Acts of Parliament |
| Applicability | Applicable to all citizens | Applicable to all citizens |
| Renunciation | Covered in Article 11 | Covered in Section 8 |
| Termination | Covered in Article 11 | Covered in Section 9 |
| Reacquisition | Covered in Article 11 | Covered in Section 10 |
C] Summary Table for Quick Revision
| Topic | Key Points |
|---|---|
| Articles 5–11 | Citizenship by birth, descent, registration, naturalization, incorporation of territory, renunciation, termination, reacquisition. |
| Citizenship Act, 1955 | First comprehensive law on citizenship, repealed by 1986, amended by 2019, covers acquisition and determination of citizenship. |
| Important Dates | 26th January 1950 (Constitution), 26th January 1955 (Act), 2019 (Amendment) |
| SSC/RRB Focus | Citizenship by birth, descent, naturalization, renunciation, and differences between constitutional and statutory provisions. |
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