India's Citizenship Roots

Unveiling Constitutional Provisions at the Dawn of the Republic (January 26, 1950)

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Introduction & Overview

Part II of the Indian Constitution, comprising Articles 5 to 11, deals with citizenship. These articles primarily identify the persons who became citizens of India at the commencement of the Constitution, i.e., on January 26, 1950. Given the backdrop of Partition and large-scale migrations, these provisions were crucial for defining the initial body of Indian citizens. They cover citizenship by domicile, for migrants from Pakistan, for certain migrants who returned to India from Pakistan, and for persons of Indian origin residing abroad. Importantly, these articles also lay down the principle against dual citizenship and empower the Parliament to make further laws relating to citizenship, a power which has been exercised through the Citizenship Act, 1955, and its subsequent amendments.

(Source: Broad understanding synthesized from Laxmikanth, 'Indian Polity'; D.D. Basu, 'Introduction to the Constitution of India'; Constitution of India (Bare Act))

Core Constitutional Provisions

5.2.1: 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 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."

Purpose: This article provides for citizenship for persons who were already in India at the time the Constitution commenced. It is the primary article defining citizenship for the bulk of the Indian population at that time.

Conditions:

  • Domicile in India: Permanent home with intention to reside indefinitely (Factum + Animus manendi).
  • AND any one of the following three conditions:
    • Born in the territory of India.
    • Either parent born in the territory of India.
    • Ordinarily resident for 5+ years immediately preceding Jan 26, 1950.

(Source: Constitution of India (Bare Act - Article 5); Laxmikanth, 'Indian Polity')

5.2.2: Article 6: Migrants from Pakistan

Purpose: Deals with persons who migrated from Pakistan (which included present-day Bangladesh at that time) to India due to Partition. It overrides Article 5 for such persons.

5.2.2.1: Migrated Before July 19, 1948

A person shall be deemed a citizen of India if:

  • He or either of his parents or any of his grand-parents was born in undivided India (GoI Act, 1935); AND
  • He has been ordinarily resident in the territory of India since the date of his migration.

Significance: This was the date on which the permit system for migration between India and Pakistan was introduced. Migration before this date was relatively unrestricted.

5.2.2.2: Migrated On or After July 19, 1948 (Permit system)

A person shall be deemed a citizen of India if:

  • He or either of his parents or any of his grand-parents was born in undivided India (GoI Act, 1935); AND
  • He has been registered as a citizen by an appointed officer on application before commencement; AND
  • He has been resident in India for at least six months immediately preceding the date of his application for registration.

Significance: The permit system required migrants to obtain a permit for resettlement or permanent return. Registration was a formal process to acquire citizenship.

(Source: Constitution of India (Bare Act - Article 6); Laxmikanth, 'Indian Polity')

5.2.3: Article 7: Migrants to Pakistan (Returned)

Purpose: Deals with persons who initially migrated from India to Pakistan after March 1, 1947 (the date from which large-scale migrations due to communal disturbances began), but later returned to India.

General Rule:

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.

March 1, 1947: The date from which large-scale migrations due to communal disturbances began.

Exception for those who returned to India for resettlement under a permit:

The article provides an exception: such a person can still become an Indian citizen if they subsequently returned to India under a permit for resettlement or permanent return issued by or under the authority of any law.

If they returned under such a permit, they would be deemed to have migrated to India after July 19, 1948, and thus would need to fulfill the conditions specified in Article 6(b)(ii) – i.e., registration after six months of residence.

(Source: Constitution of India (Bare Act - Article 7); Laxmikanth, 'Indian Polity')

5.2.4: Article 8: PIOs Residing Abroad

Purpose: This article provides for the acquisition of Indian citizenship by Persons of Indian Origin (PIOs) who were residing outside undivided India at the time of the Constitution's commencement.

Conditions:

A person ordinarily residing outside undivided India could be deemed a citizen of India if:

  • The person OR either of their parents OR any of their grand-parents was born in undivided India (India as defined in GoI Act, 1935).
  • The person is ordinarily residing in any country outside undivided India.
  • The person has been registered as a citizen of India by the diplomatic or consular representative of India in the country of their residence. This registration could happen either before or after January 26, 1950, on an application made by the person.

Rationale: This was to enable persons of Indian origin living abroad, who felt a connection to India and wished to be its citizens, to acquire Indian citizenship.

(Source: Constitution of India (Bare Act - Article 8); Laxmikanth, 'Indian Polity')

5.2.5: Article 9: No Dual Citizenship

"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."

Purpose: This article unequivocally establishes the principle that Indian citizenship law does not permit dual citizenship.

Persons voluntarily acquiring citizenship of a foreign State not to be citizens of India:

Person is Indian Citizen (Art 5, 6, or 8)
Voluntarily Acquires Citizenship of ANY Foreign State
Indian Citizenship AUTOMATICALLY Terminates

Significance: Reinforces the idea of single, undivided allegiance to India. (This is distinct from the Overseas Citizen of India (OCI) cardholder scheme, which grants certain rights but is not dual citizenship).

(Source: Constitution of India (Bare Act - Article 9); Laxmikanth, 'Indian Polity')

5.2.6: Article 10: Continuance 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."

Purpose: This article ensures the continuance of citizenship for those who became citizens at the commencement of the Constitution under Articles 5, 6, 7, or 8.

Subject to the provisions of any law made by Parliament:

The continuance of citizenship is not absolute but is subject to laws made by Parliament. This means Parliament has the power to make laws regarding the termination of citizenship or laying down conditions for its continuance.

This provision links the constitutional grant of citizenship to Parliament's overriding legislative power in this domain (as further clarified in Article 11).

Significance: It provides a guarantee of citizenship status once acquired at commencement, but also acknowledges Parliament's power to regulate this status through future legislation.

(Source: Constitution of India (Bare Act - Article 10); Laxmikanth, 'Indian Polity')

5.2.7: Article 11: Parliament's Power

"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."

Purpose: This article grants Parliament plenary (full and complete) power to make laws relating to all aspects of citizenship.

Broad Legislative Power:

Parliament can make laws for:

  • Acquisition of citizenship after the commencement of the Constitution (e.g., by birth, descent, registration, naturalization, incorporation of territory – as detailed in the Citizenship Act, 1955).
  • Termination of citizenship (e.g., renunciation, termination, deprivation – as in Citizenship Act, 1955).
  • Any other matter concerning citizenship.

Overriding Effect:

Article 11 clarifies that Parliament's power is not restricted by the provisions of Articles 5 to 10 (which primarily deal with citizenship at commencement). Parliament can make laws that supplement, amend, or even repeal those initial conditions for future acquisitions or terminations.

Exercise of Power: In pursuance of this power, Parliament enacted the Citizenship Act, 1955. This Act has been amended multiple times (e.g., in 1986, 1992, 2003, 2005, 2015, and 2019) to modify provisions for acquisition and termination of citizenship.

(Source: Constitution of India (Bare Act - Article 11); Laxmikanth, 'Indian Polity'; Citizenship Act, 1955)

Prelims-Ready Notes

Summary Table: Citizenship at Commencement (Articles 5-8)

Article Category of Persons Covered Key Condition(s) for Citizenship at Commencement
Art 5 Persons domiciled in India Domicile + (Born in India OR Parent born in India OR Ordinarily Resident for 5+ yrs)
Art 6 Migrants from Pakistan to India Based on date of migration (before/after July 19, 1948), link to undivided India, residence/registration.
Art 7 Migrants to Pakistan (after Mar 1, 1947) & those who returned Generally not citizens, unless returned under permit for resettlement (then Art 6(b)(ii) conditions).
Art 8 Persons of Indian Origin (PIOs) residing outside India Link to undivided India (self/parent/grandparent born) + Ordinary residence abroad + Registration with Indian mission.

Mains-Ready Analytical Notes

  • Articles 6 and 7 are direct responses to the unprecedented situation created by the Partition of India in 1947, which led to massive cross-border migrations.
  • These articles were designed to provide a clear framework for determining the citizenship of millions of people whose lives were disrupted.
  • The cut-off dates (March 1, 1947, and July 19, 1948) were crucial for managing this complex situation.
  • "Domicile" is a key concept that combines physical presence with an intention to make India one's permanent home.
  • It was essential for identifying the core citizenry at commencement and is stricter than mere "residence."
  • Courts have interpreted domicile based on common law principles.
  • This article firmly establishes India's policy against dual citizenship, reflecting the idea that allegiance cannot be divided.
  • Implications: Indians acquiring citizenship of other countries automatically lose Indian citizenship (though the OCI scheme provides a different set of rights without granting citizenship).
  • Articles 5-8 identify initial citizens; Article 10 ensures status continues but is subject to parliamentary law.
  • Article 11 gives Parliament overriding power to legislate on all future aspects of citizenship.
  • This design ensures dynamism: initial framework by Constitution, ongoing regulation by Parliament (Citizenship Act, 1955).
  • Article 8 demonstrated an inclusive approach by providing a path to citizenship for Persons of Indian Origin living abroad.
  • This was a recognition of the Indian diaspora even at that early stage.
  • The constitutional provisions (Arts 5-11) are largely "transitory" – defining citizenship at commencement.
  • They do not provide for acquisition of citizenship after commencement, hence the crucial role of Article 11 and the Citizenship Act, 1955.

Current Affairs & Recent Developments

Notification of Citizenship Amendment Act (CAA), 2019 Rules (March 2024)

  • While Articles 5-11 deal with citizenship at commencement, the power under Article 11 allows Parliament to make laws for acquisition of citizenship after commencement.
  • The CAA, 2019, and its recently notified rules amend the Citizenship Act, 1955 (made under Art 11), creating a specific pathway for certain religious minorities from Pakistan, Bangladesh, and Afghanistan.
  • Debates around CAA often involve discussions about the original constitutional vision of citizenship, secularism, and equality, even though CAA itself is a parliamentary law post-commencement.
  • Link to Content: Highlights the ongoing relevance and exercise of Parliament's power under Article 11 to regulate citizenship.

Statelessness and NRC

Issues arising from the NRC exercise in Assam, and general concerns about statelessness, bring into focus the importance of clear citizenship laws (stemming from Art 11) and the foundational determination of citizenship at commencement (Arts 5-8).

(Note: Direct amendments or new interpretations of Articles 5-10 are rare as they primarily deal with a historical point in time – Jan 26, 1950. Current issues almost always relate to the Citizenship Act, 1955, which is an exercise of power under Article 11.)

UPSC Previous Year Questions (PYQs)

With reference to India, consider the following statements:

  1. There is only one citizenship and one domicile.
  2. A citizen by birth only can become the Head of State.
  3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) 1 and 3 only

(d) 2 and 3 only

Answer: (a)

Hint/Explanation:

  • 1. India has single citizenship. While "domicile" can be of a state for certain purposes (like education), for constitutional purposes related to Art 5, it's domicile in India. This statement generally reflects the single citizenship principle.
  • 2. Incorrect. A naturalized citizen can also become Head of State (President) in India, unlike USA.
  • 3. Incorrect. Citizenship, even if granted, can be terminated/deprived under conditions specified in the Citizenship Act, 1955 (e.g., fraud, disloyalty).

Article 6 of the Constitution of India deals with the citizenship rights of persons who have migrated to India from Pakistan. The cut-off date mentioned in this article, which differentiates the conditions for acquiring citizenship, is:

(a) August 15, 1947

(b) March 1, 1947

(c) January 26, 1950

(d) July 19, 1948

Answer: (d)

Hint/Explanation: July 19, 1948, is the date related to the introduction of the permit system for migration, and Article 6 lays down different conditions for migrants who came before or on/after this date.

Under which Article of the Constitution of India does the Parliament have the power to make laws with respect to citizenship?

(a) Article 5

(b) Article 9

(c) Article 10

(d) Article 11

Answer: (d)

Hint/Explanation: Article 11 grants Parliament plenary power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Discuss the constitutional provisions that determined Indian citizenship at the commencement of the Constitution. How did these provisions address the complexities arising from the Partition of India?

Direction/Value Points:

  • Introduction: Part II (Arts 5-11), especially Arts 5-8 for determination at commencement.
  • Provisions: Explain Art 5 (Domicile), Art 6 (Migrants from Pakistan with cut-off dates), Art 7 (Migrants to Pakistan & Returnees with March 1, 1947 & exception), Art 8 (PIOs abroad).
  • Addressing Partition Complexities: Arts 6 & 7 specifically designed for mass migrations, clear legal basis, balanced humanitarian with national interest.
  • Conclusion: Pragmatic response to unique historical situation, defining citizenry while addressing complexities.

"The Indian Constitution lays down the principle of single citizenship and prohibits dual citizenship (Article 9), yet it empowers Parliament (Article 11) to make comprehensive laws on citizenship." Analyze the interplay between these constitutional principles and subsequent parliamentary legislation on citizenship.

Direction/Value Points:

  • Introduction: Explain Articles 9 and 11.
  • Article 9: Meaning (voluntary acquisition = loss), Rationale (undivided allegiance), Implications.
  • Article 11: Scope (plenary power over acquisition, termination, other matters), Enables dynamic law.
  • Interplay & Legislation (Citizenship Act, 1955): Act reinforces Art 9 (modes of termination), provides for acquisition post-commencement. Discuss OCI scheme (not dual citizenship but special status) and CAA 2019 as examples of Art 11 exercise.
  • Conclusion: Art 9 establishes core principle; Art 11 provides legislative flexibility for nuanced regulation.

Examine the scope and significance of Article 11 of the Constitution of India. How has Parliament utilized this power to shape India's citizenship regime since 1950?

Direction/Value Points:

  • Introduction: Art 11 grants Parliament power.
  • Scope: Plenary power, not limited by Arts 5-10, defines post-commencement citizenship.
  • Significance: Dynamic, adaptable, responds to new situations, uniform law-making.
  • Parliament's Utilization (Citizenship Act, 1955 & Amendments): Modes of Acquisition (birth, descent, registration, naturalization, incorporation); Modes of Termination (renunciation, termination, deprivation); Special Categories (OCI); Addressing specific issues (CAA 2019).
  • Impact: Comprehensive but complex regime.
  • Conclusion: Art 11 pivotal for constructing and modifying India's citizenship laws, making Citizenship Act the cornerstone.

Trend Analysis (Past 10 Years)

Prelims:

  • Focus on specific conditions under Articles 5, 6, 7, 8 for citizenship at commencement.
  • Key cut-off dates (July 19, 1948; March 1, 1947) are important.
  • Understanding Article 9 (no dual citizenship) and Article 11 (Parliament's power).
  • Questions often link constitutional provisions to provisions of the Citizenship Act, 1955, or recent amendments like CAA.
  • Comparative understanding (e.g., citizen by birth only for Head of State – false for India).

Mains:

  • Analysis of Parliament's power under Article 11 and how it has been exercised (Citizenship Act and its amendments, including controversial ones like CAA).
  • Discussion on the rationale and complexities of citizenship provisions at commencement, especially in light of Partition.
  • The principle of single citizenship vs. dual citizenship debates (often in context of OCI).
  • Constitutional validity and implications of citizenship laws/amendments in light of fundamental rights (Art 14, 21) and secularism.

Original MCQs for Prelims

A person migrated from Pakistan to India on August 1, 1948. To be deemed a citizen of India at the commencement of the Constitution under Article 6, which of the following conditions, among others, must they have fulfilled?

(a) They must have resided in India for at least five years immediately preceding their application for registration.

(b) They must have been registered as a citizen by an appointed officer after residing in India for at least six months immediately preceding their application.

(c) They only needed to prove that either of their parents was born in undivided India.

(d) They automatically became a citizen if they had entered India under a valid permit.

Answer: (b)

Explanation: For persons migrating from Pakistan on or after July 19, 1948 (August 1, 1948, falls in this category), Article 6(b) requires that (i) they or their parent/grandparent were born in undivided India, (ii) they applied for and were registered as citizens, AND (iii) they had been resident in India for at least six months immediately preceding the date of application for registration.

Article 11 of the Constitution of India is significant because it:

(a) Defines who were citizens of India on January 26, 1950.

(b) Prohibits any Indian citizen from voluntarily acquiring the citizenship of a foreign state.

(c) Guarantees the continuation of citizenship rights for those deemed citizens at commencement.

(d) Confers upon Parliament the power to make any law regarding acquisition and termination of citizenship.

Answer: (d)

Explanation: Article 11 specifically empowers Parliament to make laws regulating all aspects of citizenship, including acquisition and termination, for the period after the commencement of the Constitution. (a) is covered by Arts 5-8. (b) is Art 9. (c) is Art 10.

Original Descriptive Questions for Mains

"The framers of the Indian Constitution faced an unprecedented challenge in defining citizenship in the shadow of Partition." Discuss how Articles 5, 6, and 7 of the Constitution sought to address this challenge, and evaluate their effectiveness in providing a clear framework for citizenship at commencement.

Key Points/Structure for Answering:

  • Introduction: Set the context of Partition and mass migrations.
  • Challenges Faced by Framers: Defining who belonged to the new Indian nation amidst displacement, communal violence, and creation of Pakistan.
  • How Articles Addressed the Challenge:
    • Article 5 (Domicile): Catered to the settled population within India.
    • Article 6 (Migrants from Pakistan): Provided clear rules (based on date of migration, permit system) for those who chose India. Acknowledged the reality of influx.
    • Article 7 (Migrants to Pakistan/Returnees): Dealt with the complex issue of those who left for Pakistan but wished to return, balancing security with humanitarian aspects (permit for resettlement).
  • Evaluation of Effectiveness:
    • Strengths: Provided a much-needed legal framework, attempted to be inclusive for those who intended to make India their home, specific cut-off dates brought some order.
    • Weaknesses/Complexities: Led to some hardships and ambiguities in individual cases, the permit system itself was complex, determination of "ordinary residence" or "domicile" could be difficult.
  • Overall Assessment: Given the scale of the crisis, these articles represented a pragmatic and largely effective attempt to define the initial citizenry, though not without their complexities and individual hardships.
  • Conclusion: Articles 5, 6, and 7 were crucial constitutional responses to the unique and tragic circumstances of Partition, laying down the initial basis of Indian citizenship with a mix of specific rules and humanitarian considerations.

Explain the constitutional mandate against dual citizenship in India (Article 9) and the overarching power of Parliament to legislate on citizenship (Article 11). How do these two articles collectively shape India's approach to citizenship in a globalized world?

Key Points/Structure for Answering:

  • Introduction: Briefly introduce Articles 9 and 11.
  • Article 9 (No Dual Citizenship):
    • Explain the provision: voluntary acquisition of foreign citizenship leads to loss of Indian citizenship.
    • Rationale: Single allegiance, national loyalty.
    • Implications: How it affects Indians acquiring foreign citizenship.
  • Article 11 (Parliament's Power):
    • Explain: Plenary power to regulate all aspects of citizenship (acquisition, termination, etc.) post-commencement.
    • Significance: Allows citizenship law to be dynamic.
  • Collective Shaping of India's Approach in a Globalized World:
    • Upholding Single Citizenship: Article 9 remains the bedrock, meaning India does not formally permit its citizens to hold another country's citizenship simultaneously.
    • Parliamentary Flexibility (Art 11) to address Diaspora Needs:
      • OCI Cardholder Scheme: While not dual citizenship, it's a statutory creation (under Citizenship Act, enabled by Art 11) to grant certain rights and privileges to PIOs/OCIs, acknowledging their connection to India in a globalized world without violating Article 9.
      • Laws on acquisition/termination can be updated to reflect international norms or national interests (e.g., changes to jus soli provisions for citizenship by birth).
    • Balancing Act: Article 11 allows Parliament to create schemes like OCI that provide benefits similar to citizenship for the diaspora, thus engaging with globalized Indians, while Article 9 ensures the core principle of single allegiance for formal citizens is maintained.
    • Challenges in Globalization: Increased international mobility, demands from diaspora for more rights or even dual citizenship (which India currently doesn't allow).
  • Conclusion: Article 9 provides the constitutional prohibition against dual citizenship, emphasizing singular allegiance. Article 11 provides Parliament the crucial flexibility to enact laws that, while respecting this prohibition, can devise innovative ways (like OCI) to engage with the Indian diaspora and adapt to the realities of a globalized world, thus collectively shaping a nuanced citizenship regime.