Introduction
The Indian Constitution, which came into force on January 26, 1950, is the supreme law of the country. It is a comprehensive document that lays down the framework of governance, rights, duties, and provisions related to the people and institutions of India. Part II of the Indian Constitution deals specifically with citizenship, an essential aspect of any sovereign nation. It defines who is considered a citizen of India and the rights and responsibilities associated with Indian citizenship.
This article will provide an in-depth analysis of Part II of the Indian Constitution, covering its provisions, significance, and various aspects related to citizenship laws.
Understanding Part II of the Indian Constitution
Part II of the Indian Constitution consists of Articles 5 to 11, which primarily deal with the concept of citizenship at the time of commencement of the Constitution and grant Parliament the power to regulate future laws regarding citizenship.
1. Article 5: Citizenship at the Commencement of the Constitution
Article 5 provides that every person who was domiciled in India at the time of the commencement of the Constitution (i.e., January 26, 1950) would be considered a citizen of India if:
- The person was born in the territory of India, or
- Either of the person’s parents was born in the territory of India, or
- The person had been ordinarily residing in India for at least five years before the commencement of the Constitution.
This provision ensured that those residing in India at the time of independence would automatically become Indian citizens without requiring any further legal formalities.
2. Article 6: Rights of Citizenship of Persons Who Migrated from Pakistan to India
This article addresses the rights of citizenship for those who migrated from Pakistan to India before and after July 19, 1948.
- If a person migrated to India before July 19, 1948, they were granted citizenship provided they had been ordinarily residing in India since the date of migration.
- If a person migrated after July 19, 1948, they were required to register themselves with a government-appointed officer to be recognized as an Indian citizen.
This article was included due to the large-scale migration that took place between India and Pakistan following Partition in 1947.
3. Article 7: Citizenship of Persons Who Migrated to Pakistan
This provision was introduced to address a unique situation. It states that if a person had migrated to Pakistan after March 1, 1947, but later returned to India under a government permit for resettlement, they could be granted Indian citizenship under the prescribed rules.
This provision was included to assist those who had initially migrated to Pakistan but later wished to return to India.
4. Article 8: Citizenship of Persons of Indian Origin Residing Outside India
Article 8 provides that a person of Indian origin residing outside India (in another country) is eligible to be recognized as a citizen of India if they fulfill certain conditions. Such individuals had to apply for citizenship at an Indian diplomatic mission or consulate in their country of residence.
This article aimed to protect the rights of individuals of Indian origin who were living abroad, such as those in Burma, Sri Lanka, and East Africa at the time.
5. Article 9: Loss of Citizenship by Voluntarily Acquiring Foreign Citizenship
According to Article 9, an individual automatically loses Indian citizenship if they voluntarily acquire the citizenship of another country. The Indian Constitution does not allow dual citizenship, meaning a person cannot hold Indian citizenship along with that of another country.
6. Article 10: Continuance of Citizenship
Article 10 states that any person considered an Indian citizen under the provisions of Part II will continue to be a citizen unless Parliament enacts a law stating otherwise. This means that future laws regarding citizenship are subject to modification by Parliament.
7. Article 11: Power of Parliament to Regulate Citizenship
Article 11 grants Parliament the power to make laws regarding citizenship acquisition and termination. This power enables Parliament to enact detailed laws governing who can become a citizen, how citizenship can be revoked, and other related matters.
Under this provision, Parliament enacted the Citizenship Act, 1955, which lays down the current framework for Indian citizenship.
Citizenship Act, 1955: A Detailed Overview
To regulate citizenship, the Indian Parliament passed the Citizenship Act, 1955, which has been amended multiple times to accommodate changing national and international scenarios.
Modes of Acquisition of Indian Citizenship
Under the Citizenship Act, Indian citizenship can be acquired through the following ways:
- By Birth – A person born in India after January 26, 1950, but before July 1, 1987, is an Indian citizen by birth. Later amendments require that at least one parent be an Indian citizen.
- By Descent – A person born outside India can acquire Indian citizenship if at least one parent is an Indian citizen at the time of birth.
- By Registration – Certain categories of people, including persons of Indian origin, can apply for Indian citizenship through registration.
- By Naturalization – Foreigners residing in India for a specified period and fulfilling the required conditions can apply for citizenship through naturalization.
- By Incorporation of Territory – If a new territory becomes part of India, the people of that territory automatically become Indian citizens.
Loss of Indian Citizenship
A person may lose Indian citizenship under three conditions:
- Renunciation – Voluntarily giving up Indian citizenship.
- Termination – Automatic loss of citizenship when acquiring foreign nationality.
- Deprivation – Government-initiated revocation due to fraud or unlawful activities.
Significance of Part II of the Constitution
- Clarifies Citizenship at Independence – Part II provided clear criteria for determining citizenship at the time of India’s independence, preventing legal ambiguities.
- Addresses Migration Issues – It addressed citizenship concerns of Partition migrants, ensuring a smooth transition for those who chose to stay in India.
- Protects Overseas Indians – Articles 8 and 9 provided a framework to recognize the rights of overseas Indians while disallowing dual citizenship.
- Empowers Parliament – Article 11 gives Parliament the flexibility to modify citizenship laws as per evolving national interests.
Recent Developments in Indian Citizenship Laws
Several amendments to the Citizenship Act, 1955, have shaped India’s citizenship policies. The most notable among them is the Citizenship (Amendment) Act, 2019 (CAA).
Citizenship (Amendment) Act, 2019
The CAA, 2019, provides a fast-track process for granting Indian citizenship to persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan who migrated to India before December 31, 2014. However, it has been a subject of significant debate and protests.
Conclusion
Part II of the Indian Constitution forms the foundation of India’s citizenship laws. It provides clarity on who qualifies as an Indian citizen and how Parliament can regulate future laws on citizenship. Over the years, amendments and legal developments have further refined India’s citizenship framework, keeping it relevant to the country’s needs. While the basic principles of citizenship remain unchanged, newer challenges such as migration, statelessness, and global mobility continue to shape India’s citizenship policies. Understanding these provisions is essential for grasping the legal, social, and political dynamics of Indian nationality.
