Part 2 of Indian Constitution-citizenship

Part 2 of Indian constitution contains 7 articles from article 5 to article 11. These articles are related to citizenship of republic of India.

  • Citizenship at the commencement of the Constitution.
  • Rights of citizenship of certain persons who have migrated to India from Pakistan.
  • Rights of citizenship of certain persons of Indian origin residing outside India.
  • Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
  • Continuance of the rights of citizenship.
  • Parliament to regulate the right of citizenship by law.

Part 2 of Indian Constitution-citizenship

Articles in part 2 of Indian Constitution

Article 5. Citizenship at the commencement of the Constitution.

Article 6. Rights of citizenship of certain persons who have migrated to India from Pakistan.

Article 7. Rights of citizenship of certain migrants to Pakistan.

Article 8. Rights of citizenship of certain persons of Indian origin residing outside India.

Article 9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

Article 10. Continuance of the rights of citizenship.

Article 11.Parliament to regulate the right of citizenship by law.

Part 2 of Indian Constitution as per 1949

Part 2 of constitution of India contains seven article related to citizenship act of republic of India.

Article 5 of Indian Constitution

At the commencement of this Constitution, every
person who has his domicile in the territory of India
and—

  1. who was born in the territory of India
  2. either of whose parents was born in the territory of India
  3. 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.

Article 6 of Indian Constitution

Notwithstanding anything in article 5, a person
who has migrated to the territory of India from the
territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this
Constitution if-

  1. He or either of his parents or any of his grandparents was born in India as defined in The Government of India Act, 1935 (as originally enacted);and
  2. (A) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (B) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

Provided that no person shall be so registered unless
he has been resident in the territory of India for at least six months immediately preceding the date of his application.

Article 7 of Indian Constitution

Rights of citizenship of certain migrants to Pakistan Notwithstanding anything in Articles 5 and 6, 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.

Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

Article 8 of Indian Constitution

Indian nationals (whose parents or any grandparents were born in India as defined in the Government of India Act, 1935) residing abroad shall be conferred Indian citizenship, as if they have been registered by the diplomatic or consular representatives of India in the country where they are residing.

Article 9 of Indian Constitution

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.

Article 10 of Indian Constitution

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.

Article 11 of Indian Constitution

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.

Citizenship Amendment Act

Article 11 of the constitution provides power of amendment to Indian government in citizenship. Government also used this power many times after independence.

Citizenship Amendment Act 1955

The Parliament of India enacted The Citizenship Act on December 30, 1955.The Citizenship Act 1955 lays down rules for the acquisition and determination of Indian citizenship. Enacted in 1955, this act also enables people who were once citizens of India but are now citizens of another country, among others, to apply for an Overseas Citizen of India Card.

Citizenship amendment Act 2019

The Citizenship (Amendment) Act, 2019 seeks to amend the Citizenship Act, 1955. The Citizenship Act,1955 provides various ways in which citizenship may be acquired. It provides for citizenship by birth, descent, registration, naturalisation and by incorporation of the territory into India.

The bill amends the Citizenship Act, 1955 to make people from Hindu, Sikh, Jain Buddhist, Christian and Parsi faiths who entered India from Afghanistan, Bangladesh and Pakistan eligible for citizenship.

The Rajya Sabha on December 11, 2019 passed the controversial Citizenship (Amendment) Act with as many as 125 MPs voting in favour of it and 99 against it. On December 9, 2019, the CAB Bill was tabled and passed in the Lok Sabha’s Winter Session. President Ram Nath Kovind signed it on December 12.

The reason why the unconstitutionality of the CAA is so egregious and consequential is because it represents a fundamental break from the core principles of the Constitution, namely citizenship being open to all without discrimination on the basis of religion, language, race, ethnicity or gender.

Leave a Comment

Your email address will not be published. Required fields are marked *