Constitution of India Articles of Indian Constitution

Constitution of India contains 448 Articles in 25 Parts 12 Schedules

MCN 202
Citizenship
(Articles 5-11)

Joaquim Ignatious Monteiro

Assistant Professor
Dept. of ECE
College of Engg. TVM

Citizenship Part II – Citizenship : Articles 5 - 11

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Citizenship signi
es the relationship between individual and state. ●
Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of
India
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Like any other modern state, India has two kinds of people—citizens and
aliens ●
Article 5 speaks about the citizenship of India at the commencement of the
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Citizens are full members of the Indian State and owe allegiance to it Constitution (Nov 26, 1949)
– They enjoy all civil and political rights.
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Article 11 gave powers to the Parliament of India to regulate the right of
citizenship by law
– This provision resulted in the enactment of Citizenship Act 1955 by the
Indian Parliament
– Citizenship Act ha been amended multiple times latest being in 2019

Article 5 -11 summary Article 5 : Citizenship at The Commencement of the Constitution

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Article 5: Citizenship at the commencement of the Constitution ●
At the commencement of this Constitution, every person who has his
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Article 6: Citizenship of certain persons who have migrated from Pakistan domicile in the territory of India and –
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Article 7: Citizenship of certain migrants to Pakistan who subsequently 1. who was born in the territory of India; or
returned
2. either of whose parents was born in the territory of India; or
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Article 8: Citizenship of certain persons of Indian origin residing outside India
3. who has been ordinarily resident in the territory of India for not less
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Article 9: Constitution of India does NOT allow dual citizenship
than
ve years immediately preceding such commencement,shall be a
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Article 10: Indian citizens will be subject to any law made by the Parliament. citizen of India.
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Article 11: Parliament to regulate the right of citizenship by law
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Article 6: Rights of Citizenship of certain persons who Have migrated to India
from Pakistan
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The sixth citizenship article of the Indian constitution provides citizenship
rights to migrants from Pakistan to India as given in the Government of India
Act of 1935
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Persons migrated to India before 19 July 1948 shall be considered as an Indian
citizen if either of the person’s parents or any of his grandparents were born in
India.
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For people who migrated after 19 July 1948
– 
they should be registered as a citizen of India by an o cer from the
Government of India
– for registration, the subjected person has to be a resident in the territory
of India for a minimum of six months, preceding the date of his application.
The horrors of Indo-Pak partition Mass migration of
people to either territory, riots, refugees

Article 7 : Rights of Citizenship of Certain Migrants to Pakistan Article 8 & 9

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Any person who has migrated migrated from the India to Pakistan after 1 st
March 1947 shall not be a citizen of India
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The Government of India passed an ordinance on 19th July 1948 to set up a
permit system for persons migrating from Pakistan to India
– 
This o ered three types of permits: temporary, permanent and
resettlement. Persons with resettlement permits could claim citizenship
rights under this article.
– If someone migrated to the territory now included in Pakistan, has
returned to the territory of India and he/she could apply for permit for
resettlement or permanent return
– Persons with resettlement permits could claim citizenship rights under
this article
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Article 8 : Rights of Citizenship of Certain Persons of Indian Origin Residing
Outside India
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Any person who or either of whose parents or grandparents were born in India as
stated in the Government of India Act 1955 and who is residing ordinarily in any
country outside India shall be considered to be a citizen of India
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Article 9 : Persons Voluntarily Acquiring Citizenship of a Foreign State Not to
be Citizens
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According to article 9, the Constitution of India does NOT allow dual citizenship,
i.e., holding Indian citizenship and citizenship of a foreign country simultaneously.

Article 10 & 11 Article 5 -11 summary

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Article 10 : Continuance of the Rights of Citizenship ●
Article 5: Citizenship at the commencement of the Constitution
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Article 6: Citizenship of certain persons who have migrated from Pakistan
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Article 10 states that any person who is considered a citizen of India
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Article 7: Citizenship of certain migrants to Pakistan who subsequently
under any of the provisions of this Part (part II) shall continue to be returned
citizens and will also be subject to any law made by the Parliament ●
Article 8: Citizenship of certain persons of Indian origin residing outside
India
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Article 11: Parliament to regulate the right of citizenship by law
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Article 9: Constitution of India does NOT allow dual citizenship
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The Parliament has the right to make any provision concerning the
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Article 10: Indian citizens will be subject to any law made by the Parliament.
acquisition and termination of citizenship and any other matter relating ●
Article 11: Parliament to regulate the right of citizenship by law
to citizenship.
 Citizenship of India constitutional provisions Citizenship Act, 1955
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Citizenship of India can be acquired in the following ways
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Citizenship in India is governed by Articles – Citizenship at the commencement of the Constitution
5 – 11 (Part II) of the Constitution. – Citizenship by birth
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The Citizenship Act, 1955 is the legislation – Citizenship by descent
dealing with citizenship – Citizenship by registration
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This act has been amended multiple times, – Citizenship by naturalization
latest being in 2019
– By incorporation of territory (by the Government of India)
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Nationality in India mostly follows the ‘jus
sanguinis’ (citizenship by right of blood)
and not ‘jus soli’ (citizenship by right of
birth within the territory).

Indian Citizenship by birth Indian Citizenship by registration

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Citizenship can also be acquired by registration
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Every person born in India on or after 26.01.1950 but before 01.07.1987 is an
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Some of the mandatory rules are:
Indian citizen irrespective of the nationality of his/her parents.
– A person of Indian origin who has been a resident of India for 7 years
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Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of before applying for registration.
India given either of his/her parents is a citizen of the country at the time of
– A person of Indian origin who is a resident of any country outside
undivided India.
his/her birth. – A person who is married to an Indian citizen and is ordinarily resident for
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Every person born in India on or after 3.12.2004 is a citizen of the country 7 years before applying for registration.
– Minor children of persons who are citizens of India.
given both his/her parents are Indians or at least one parent is a citizen and
the other is not an illegal migrant at the time of birth.

Indian Citizenship by descent Indian citizenship by Naturalisation

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A person born outside India on or after January 26, 1950 is a citizen of India
by descent if his/her father was a citizen of India by birth.
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A person born outside India on or after December 10, 1992, but before
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A person can acquire citizenship by naturalization if he/she is ordinarily
resident of India for 12 years and ful
lls all quali
cations in the third
schedule of the Citizenship Act.

December 3, 2004 if either of his/her parent was a citizen of India by birth.

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If a person born outside India or or after December 3, 2004 has to acquire
citizenship, his/her parents have to declare that the minor does not hold a
passport of another country and his/her birth is registered at an Indian L-R: Cricketer Robin Singh, Mother Teresa,
Architect Laurie Baker
consulate within one year of birth.
Termination of Indian Citizenship Persons of Indian Origin (PIO) Card
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Termination of citizenship is possible in three ways according to the Citizenship Act, ●
A person would be eligible for the PIO card if he:
1955
1. Renunciation: If any citizen of India who is also a national of another country renounces – Is a person of Indian origin and is a citizen of any country except
his Indian citizenship through a declaration in the prescribed manner, he ceases to be
Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China or Afghanistan, or
an Indian citizen
2. Termination: Indian citizenship can be terminated if a citizen knowingly or voluntarily – Has held an Indian passport at any other time or is the spouse of a citizen
adopts the citizenship of any foreign country
of India or a person of Indian origin.
3. Deprivation: The government of India can deprive a person of his citizenship in some
cases – PIO cardholders can enter India with the multiple entry feature for
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But this is not applicable for all citizens
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It is applicable only in the case of citizens who have acquired the citizenship by registration,
fteen years. They do not need a separate visa.
naturalization, or only by Article 5 Clause (c) (which is citizenship at commencement for a
domicile in India and who has ordinarily been a resident of India for not less than 5 years
immediately preceding the commencement of the Constitution).

Overseas Citizen of India (OCI) Card

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OCI Card is for foreign nationals who were eligible for Indian citizenship on Famous personalities with Overseas Citizen of India (OCI) Card
26th January 1950 or was an Indian citizen on or after that date.
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Citizens of Pakistan and Bangladesh are not eligible for OCI Card
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An OCI cardholder does not have voting rights.
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OCI is not dual citizenship
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OCI cardholders are not Indian citizens.
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The OCI Card is a multipurpose, multiple entry lifelong visa for visiting India.
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Persons with OCI Cards have equal rights as NRIs in terms of
nancial,
educational, and economic matters. But they cannot acquire agricultural
land in India.