The Indian Constitution’s Articles 5 to 11 define citizenship at its commencement, detailing criteria for individuals to be recognized as Indian citizens. These provisions address various scenarios, including migration and foreign residence, and empower Parliament to legislate on citizenship matters.

ARTICLE 5: CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION

Article 5 grants citizenship to individuals domiciled in India at the Constitution’s commencement (January 26, 1950) who meet any of the following conditions:

• Born in the territory of India.
• Either parent was born in the territory of India.
• Resided in India for at least five years immediately preceding the commencement.

This provision ensured that individuals with a substantial connection to India became citizens upon the Constitution’s adoption.

ARTICLE 6: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS WHO HAVE MIGRATED TO INDIA FROM PAKISTAN

Article 6 addresses citizenship for persons migrating from Pakistan to India. It distinguishes between those who migrated before and after July 19, 1948:

• Migrated before July 19, 1948: Granted citizenship if either parent or grandparent was born in India as defined in the Government of India Act, 1935, and they have been residing in India since the date of migration.
• Migrated on or after July 19, 1948: Eligible for citizenship if they registered as citizens of India after residing in India for at least six months preceding the application.

This article aimed to accommodate individuals displaced during the Partition, facilitating their integration into India.

ARTICLE 7: RIGHTS OF CITIZENSHIP OF CERTAIN MIGRANTS TO PAKISTAN

Article 7 pertains to individuals who migrated to Pakistan after March 1, 1947, but returned to India under a permit for resettlement. Such individuals are deemed citizens if they have resided in India since their return.

This provision allowed those who initially left for Pakistan but chose to return to India to regain citizenship, reflecting the fluid migration patterns during the Partition.

ARTICLE 8: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS OF INDIAN ORIGIN RESIDING OUTSIDE INDIA

Article 8 grants citizenship rights to persons of Indian origin residing outside India if they, or their parents or grandparents, were born in India as defined in the Government of India Act, 1935. Such individuals could register as citizens with Indian diplomatic missions.

This provision recognized the Indian diaspora, allowing them to establish formal ties with India.

ARTICLE 9: PERSONS VOLUNTARILY ACQUIRING CITIZENSHIP OF A FOREIGN STATE NOT TO BE CITIZENS

Article 9 stipulates that any person who voluntarily acquires citizenship of a foreign state after the Constitution’s commencement ceases to be an Indian citizen.

This article prevents dual citizenship, ensuring allegiance to India remains undivided.

ARTICLE 10: CONTINUANCE OF THE RIGHTS OF CITIZENSHIP

Article 10 ensures that individuals recognized as citizens under the preceding articles continue to be citizens, subject to any laws made by Parliament.

This provision provides continuity and acknowledges Parliament’s authority to regulate citizenship.

ARTICLE 11: PARLIAMENT TO REGULATE THE RIGHT OF CITIZENSHIP BY LAW

Article 11 empowers Parliament to make laws regarding the acquisition and termination of citizenship and all related matters.

This article grants Parliament the flexibility to address citizenship issues as they evolve.

THE CITIZENSHIP ACT, 1955

Pursuant to Article 11, Parliament enacted the Citizenship Act, 1955, detailing provisions for acquiring and terminating citizenship:

Acquisition:

• By Birth:

  • Individuals born in India on or after January 26, 1950, but before July 1, 1987, are citizens by birth.
  • Those born between July 1, 1987, and December 3, 2004, are citizens if either parent is an Indian citizen.
  • After December 3, 2004, a person is a citizen by birth if both parents are citizens, or one is a citizen and the other is not an illegal migrant.

• By Descent:

  • Persons born outside India on or after January 26, 1950, but before December 10, 1992, are citizens by descent if their father was an Indian citizen at the time of birth.
  • After December 10, 1992, a person is a citizen if either parent is an Indian citizen.

• By Registration: Certain categories, such as persons of Indian origin residing outside India, spouses of Indian citizens, and others, can acquire citizenship by registering with the prescribed authority.

• By Naturalization: Foreigners can acquire citizenship by naturalization if they meet specific qualifications, including residence in India for twelve years and renouncing previous citizenship.

Termination:

• Renunciation: Voluntary renunciation by declaration leads to termination of citizenship.
• Deprivation: The government can deprive citizenship obtained by registration or naturalization under certain conditions, such as fraud or disloyalty.

The Act has been amended multiple times to address emerging issues, including the Citizenship (Amendment) Act, 2019, which provides a pathway to citizenship for specific persecuted minorities from neighboring countries.

JUDICIAL INTERPRETATIONS AND CASE LAWS

The judiciary has played a crucial role in interpreting citizenship provisions:

• State of Bihar v. Kameshwar Singh (1952): The Supreme Court examined the validity of laws concerning citizenship and property rights, emphasizing the importance of legislative competence and constitutional provisions.

• Kulathil Mammu v. State of Kerala (1966): The Supreme Court interpreted Articles 5 to 7, ruling that individuals migrating to Pakistan after March 1, 1947, and returning under a permit for resettlement could be deemed citizens, provided they met specific residency requirements.