The Indian Constitution, adopted on January 26, 1950, is a remarkable document that lays the legal and structural foundation for India’s governance, rights, and duties. It is divided into multiple parts, each addressing distinct aspects of Indian society and governance. Part 2 of the Indian Constitution specifically deals with Citizenship, which is the legal relationship between an individual and the Indian state. This part defines who can be a citizen of India and under what circumstances citizenship can be acquired or terminated.
While citizenship might seem like a straightforward concept, it plays a crucial role in determining an individual’s rights and responsibilities in a country. Let’s dive deeper into Part 2 of the Constitution to understand its importance.
Overview of Part 2: Articles 5 to 11
Part 2 of the Indian Constitution contains Articles 5 to 11. These articles set out the framework for Indian citizenship, focusing on the acquisition and termination of citizenship. Here’s a breakdown of the core provisions:
Article 5: Citizenship at the Commencement of the Constitution
Article 5 provides that at the time of the adoption of the Constitution (i.e., January 26, 1950), a person would be considered a citizen of India if they met specific criteria. These criteria are based on the individual’s place of birth, the parent’s citizenship, and other related factors.
According to Article 5:
- A person born in the territory of India (except for the children of foreign diplomats and enemy aliens) would be considered an Indian citizen.
- A person who, or whose parents, were domiciled in India as of January 26, 1950, could claim Indian citizenship.
Thus, Article 5 ensured that those born within India’s territory or with strong ties to India could automatically become citizens, thereby solidifying India’s inclusive citizenship policy post-independence.
Article 6: Rights of Citizenship of Certain Persons Who Have Migrated to India from Pakistan
Article 6 deals with the rights of individuals who migrated to India from Pakistan at the time of partition in 1947. Given the massive migration during partition, this article establishes that those who had migrated from Pakistan but were residing in India on or after July 19, 1948, would be granted citizenship, provided they fulfilled certain conditions.
This article acknowledges the complexities arising from the partition and provides a legal pathway for refugees who had moved to India during that period to establish their citizenship.
Article 7: Rights of Citizenship of Certain Migrants to Pakistan
This article addresses the reverse situation — that of Indian citizens who migrated to Pakistan but later wished to return to India. If a person who had migrated to Pakistan wanted to return to India, they would need to fulfill certain conditions specified by the government to regain their Indian citizenship.
This provision ensures that Indian nationals who faced displacement due to the partition would be given a fair chance to return and reintegrate into Indian society.
Article 8: Citizenship of Certain Persons of Indian Origin Residing Outside India
Article 8 relates to individuals of Indian origin who live outside the country, particularly those in countries like Sri Lanka, Fiji, and others in the Indian diaspora. It provides the criteria for them to register as citizens of India if they meet the required conditions, such as proving their Indian origin.
This article reflects India’s desire to maintain a strong connection with its diaspora and offers a way for individuals of Indian descent living abroad to retain their connection to the Indian state.
Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be Citizens
Article 9 declares that if a person voluntarily acquires the citizenship of a foreign country, they will cease to be an Indian citizen. This provision emphasizes the idea of dual nationality and ensures that individuals can only be citizens of one country at a time under Indian law.
The principle of single citizenship is integral to India’s legal framework, and this article ensures that individuals cannot hold Indian citizenship while being citizens of another country.
Article 10: Continuance of Citizenship
Article 10 of the Constitution states that every person who is a citizen of India under the provisions of the Constitution shall continue to be a citizen unless they voluntarily renounce their citizenship or acquire the citizenship of another country.
This article ensures that once a person is granted Indian citizenship, it is not arbitrarily revoked. Citizenship is considered a permanent status unless one actively seeks to renounce it or acquire foreign nationality.
Article 11: Power of Parliament to Regulate Citizenship
Article 11 grants Parliament the authority to legislate on matters related to citizenship, including specifying the requirements for acquiring, terminating, or determining the rights of citizenship. While the Constitution establishes the basic principles of citizenship, this article empowers Parliament to enact laws and make changes as needed to address emerging issues related to citizenship.
This flexibility has allowed Parliament to pass laws like the Citizenship Act, 1955, which governs the details of acquiring, losing, and renouncing Indian citizenship.
Key Features of Indian Citizenship
- Single Citizenship: India follows the principle of single citizenship, meaning all citizens are considered equal citizens of the Indian Union, regardless of the state in which they reside. This ensures national unity and prevents any state-level fragmentation of citizenship rights.
- Acquisition of Citizenship: Citizens can acquire Indian nationality by birth, descent, registration, or naturalization, according to the provisions outlined in the Citizenship Act, 1955.
- Loss of Citizenship: Citizenship can be lost voluntarily (through renunciation) or involuntarily (through migration to a foreign country). India does not allow dual citizenship.
- Rights of Indian Citizens: Citizens of India enjoy a wide range of rights guaranteed by the Constitution, including fundamental rights, the right to vote, and the ability to hold public office. These rights are essential for the functioning of India’s democratic system.
Changes to Part 2 of the Indian Constitution: Citizenship (Articles 5-11)
The provisions of Part 2 of the Indian Constitution, which deal with citizenship, have undergone several significant changes and developments since the Constitution came into effect in 1950. These changes have primarily been made through the Citizenship Act of 1955 and subsequent amendments, as well as other legislation and judicial pronouncements. The most notable changes concern the criteria for acquiring or renouncing Indian citizenship, as well as the handling of citizenship for individuals of Indian origin living abroad and the integration of new states and territories into the Union.
Here’s a look at the key changes to the citizenship provisions in India since the Constitution’s adoption:
1. The Citizenship Act, 1955: Foundation for Citizenship Law
While Part 2 of the Constitution provides the basic framework for citizenship, the Citizenship Act of 1955 established the detailed legal provisions for the acquisition, termination, and rights of Indian citizens. The Act was based on the principles outlined in the Constitution, particularly Articles 5 to 11, but it elaborated on the specific processes involved.
- Citizenship by Birth: Under Section 3 of the Act, any person born in India after January 26, 1950, and before July 1, 1987, automatically acquired Indian citizenship, regardless of their parentage. The law was updated in 1987 to state that individuals born after July 1, 1987, would only be Indian citizens if at least one parent was an Indian citizen.
- Citizenship by Descent: For individuals born outside India, Indian citizenship could be passed down if their parents were Indian citizens. This provision allowed for the continuation of Indian citizenship across generations.
- Citizenship by Registration and Naturalization: The Act also laid out the procedures for acquiring Indian citizenship through registration or naturalization, where individuals or persons of Indian origin could apply for citizenship under specific conditions.
2. The 1986 Amendment: Children of Indian Citizens Born Abroad
In 1986, an amendment was made to the Citizenship Act to make it clearer that children born outside India to Indian citizens after January 26, 1950, would be considered Indian citizens only if their parent(s) had registered the birth at an Indian consulate or embassy. This ensured that individuals of Indian origin born abroad had a clear process for obtaining citizenship.
3. The 2003 Amendment: Clarification on Dual Citizenship
The 2003 amendment to the Citizenship Act introduced important changes to the concept of dual citizenship. The amendment clarified that India does not allow dual citizenship in any form. If an Indian citizen acquired the citizenship of another country, they would automatically lose their Indian citizenship. The provision was further tightened to prevent dual nationality, as Indian law prohibits holding citizenship in more than one country.
Additionally, the amendment reinforced the concept of renunciation of Indian citizenship, specifying that any individual who voluntarily acquires foreign citizenship will lose their Indian citizenship under the Indian Constitution (Article 9).
4. The 2015 Amendment: Clarification on Overseas Citizenship of India (OCI)
The 2015 amendment to the Citizenship Act introduced a concept known as Overseas Citizenship of India (OCI), which is not full citizenship but a long-term visa that offers certain privileges like:
- The ability to own property in India.
- The right to travel to India without the need for a visa.
However, the OCI status does not grant full citizenship rights such as the right to vote, hold public office, or participate in the election process. This was an attempt to bridge the gap for those in the Indian diaspora, especially those who had lost their Indian citizenship after acquiring citizenship in another country.
5. The Citizenship (Amendment) Act, 2019 (CAA)
One of the most controversial amendments to the Citizenship Act was the Citizenship (Amendment) Act, 2019 (CAA). The CAA sought to fast-track the process of granting citizenship to certain religious minorities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who had migrated to India from Afghanistan, Bangladesh, and Pakistan before December 31, 2014. The main objectives were:
- Exemptions for Religious Minorities: The Act provided citizenship to non-Muslim refugees from these three neighboring countries, a move that sparked national and international controversy.
- Criticism and Protests: Critics argued that the law violated the secular nature of India’s Constitution by providing religion-based distinctions for citizenship, particularly excluding Muslims.
- Legal and Political Disputes: The Act led to widespread protests across the country and numerous legal challenges in the Supreme Court, questioning its constitutionality. The matter is still under judicial review, and the Act’s full implementation has been put on hold due to the ongoing debates and legal challenges.
6. The National Register of Citizens (NRC) and Citizenship Verification
Though not explicitly part of Part 2 of the Constitution, the National Register of Citizens (NRC) has become a crucial part of the discussion on Indian citizenship, especially in Assam. The NRC is a register used to identify genuine Indian citizens, particularly in regions like Assam, where there has been a long-standing issue of illegal immigration.
- Assam NRC (2019): The NRC exercise in Assam led to the exclusion of millions of people from the citizenship list, leading to fears that they could be rendered stateless.
- Impact of NRC: The NRC, combined with the CAA, raised concerns about the treatment of Muslim communities and others in terms of their citizenship status.
While the NRC is not directly part of the Constitution’s framework for citizenship, its relationship with the Citizenship (Amendment) Act remains central to ongoing debates about the future of Indian citizenship.
7. Ongoing Discussions and Legal Reforms
Over the years, there have been ongoing discussions about updating the provisions related to Indian citizenship to reflect global migration trends, address concerns regarding statelessness, and ensure the protection of the rights of vulnerable communities.
One key focus has been the protection of the rights of refugees and migrants, particularly in light of the CAA and NRC debates. The legal definition of Indian citizenship and the mechanisms for its acquisition and loss are likely to evolve further as the country deals with both domestic and international challenges in the coming years.
Conclusion
Part 2 of the Indian Constitution, comprising Articles 5 to 11, establishes the legal framework for Indian citizenship. It defines the criteria for acquiring citizenship and outlines the legal means by which individuals can lose or regain it. These provisions reflect India’s inclusive and flexible approach, ensuring that people with ties to the nation—whether through birth, descent, or migration—can integrate into the Indian state.
While this framework provides a firm foundation for India’s national identity, binding together its people from diverse backgrounds, it has also undergone significant changes since 1950. Amendments to the Citizenship Act have adapted the provisions to reflect evolving social, political, and demographic realities. From granting citizenship to migrants during partition to introducing complex provisions like the Overseas Citizenship of India (OCI) and the Citizenship (Amendment) Act, 2019, India’s approach to citizenship remains dynamic. As the country grapples with issues such as migration, national security, and human rights, these principles of citizenship will continue to shape the future of India’s democracy, remaining central to legal and political discourse.
Reference: https://www.constitutionofindia.net/parts/part-ii/
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