Part II: Citizenship

This part deals with citizenship at the commencement of the Constitution. It defines who would be considered citizens of India when the Constitution came into effect on January 26, 1950. The current citizenship laws are governed by the Citizenship Act, 1955.

Articles Covered

Article 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 immediately preceding such commencement,

shall be a citizen of India.

Key Points:
  • Defines citizenship at the time of Constitution's commencement
  • Based on domicile, birth, or residence
  • Applies to persons present in India on January 26, 1950
  • Establishes the foundation for Indian citizenship

Article 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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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 for at least six months immediately preceding the date of his application.

Key Points:
  • Addresses migration due to Partition
  • Different rules for migration before and after July 19, 1948
  • Requires registration for later migrants
  • Six-month residence requirement for registration

Article 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.

Key Points:
  • Excludes persons who migrated to Pakistan after March 1, 1947
  • Exception for those who returned with proper permits
  • Addresses the complex situation of Partition
  • Protects India's interests during the transition

Article 8: Rights of Citizenship of Certain Persons of Indian 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.

Key Points:
  • Provides for overseas Indians
  • Registration through diplomatic missions
  • Applies to persons of Indian origin abroad
  • Facilitates dual citizenship concept

Article 9: Persons 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.

Key Points:
  • Prevents dual citizenship
  • Applies to voluntary acquisition of foreign citizenship
  • Protects India's sovereignty
  • Clarifies citizenship exclusivity

Article 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.

Key Points:
  • Ensures continuity of citizenship
  • Subject to parliamentary legislation
  • Provides flexibility for future laws
  • Maintains constitutional stability

Article 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.

Key Points:
  • Gives Parliament complete authority over citizenship
  • Allows for future citizenship laws
  • Enables the Citizenship Act, 1955
  • Provides legislative flexibility

Historical Context

Part II was drafted in the context of India's independence and Partition. It had to address the complex situation of millions of people who migrated between India and Pakistan. The provisions were designed to ensure that those who chose to stay in India or migrated to India from Pakistan could become citizens, while those who migrated to Pakistan would lose their Indian citizenship.

Current Status

The citizenship provisions in Part II are now largely historical. Current citizenship is governed by the Citizenship Act, 1955, which provides for citizenship by birth, descent, registration, naturalization, and incorporation of territory. The Act has been amended several times, most recently in 2019 with the Citizenship Amendment Act.

Key Principles

Jus Soli (Birth Right)

Citizenship based on birth in Indian territory

Jus Sanguinis (Blood Right)

Citizenship based on Indian parentage or descent

Residence

Citizenship based on domicile and residence

Parliamentary Control

Complete legislative authority over citizenship matters