Q. State the provisions related to citizenship of India provided in the Indian Constitution.




Like any other modern State, India has two kinds of people: citizen and aliens. Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights. Aliens on the other hand, are the citizens of some other State and hence do not enjoy all the civil and political rights. The following mentioned articles deals with the provisions related to citizenship:


I.                    Article 5: Citizenship By Domicile.

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 or grand-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 of the constitution

shall be deemed citizen of India.


II.                 Article 6: Citizenship of certain persons who have migrated from Pakistan

Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the Constitution if –

A. He, or either of his parents, or any of his grandparents, was born in India as given in the Government of India Act of 1935; and

B. in case such a person has migrated before July 19th, 1948 and has been ordinarily resident in India since his migration, or

(C. in case such as a person has migrated after July 19th, 1948 and 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 thereof to such an officer before the commencement of the Constitution, provided that no person shall be so registered unless he has been resident in India for at least 6 months immediately preceding the date of his application.


III.               Article 7: Citizenship of certain migrants to Pakistan

This article deals with the rights of people who had migrated to Pakistan after March 1, 1947, but subsequently returned to India.


IV.               Article 8: Citizenship of certain persons of Indian origin residing outside India

This article deals with the rights of people of Indian origin residing outside India for purposes of employment, marriage, and education.


V.                  Article 9: Voluntarily acquiring citizenship of a foreign state not deemed to be citizens of India.

This article provides that people voluntarily acquiring citizenship of a foreign country will not be deemed citizens of India. This article made it clear that in India, we do not have the concept of dual citizenship.

Tip: Dual citizenship, or multiple citizenship, is when a single person is legally recognized as a citizen of two or more countries at the same time.


VI.               Article 10

Any person who is considered a citizen of India under any of the provisions of this Part shall continue to be citizens and will also be subject to any law made by the Parliament.


VII.             Article 11: Parliament to regulate the right of citizenship by law

This article provides that Parliament has the right to make any provision concerning the acquisition and termination of citizenship and any other matter relating to it.


A.                  Citizenship is the subject of the Union List, and thus parliament has exclusive jurisdiction over the matters related to it.

B.                  Unlike other provisions of the Constitution, which came into being on January 26, 1950, these articles were enforced on November 26, 1949 itself, when the Constitution was adopted.


Also Read:

  1. Describe special features of the Indian Constitution.
  2. Explain the objectives enshrined in the Preamble. Can the Preamble be amended?

Join us on Telegram, Click Here

Post a Comment