Citizenship in Indian Constitution – Articles 5 to 11, Constitutional Acts, Amendments, and UPSC Notes

Introduction

Citizenship in the Indian Constitution refers to the legal status of a person recognized as a member of the Indian state. Part 2 of the Indian Constitution, which includes Articles 5 to 11, defines citizenship. The Citizenship Act of 1955 and its subsequent amendments provide the legal framework for citizenship in India.

Table of Contents

1.     Citizenship in Indian Constitution

2.     Article 5 to 11

3.     Detailed Analysis of Articles 5 to 11

4.     Indian Citizenship Act of 1955

5.     Citizenship in India: Constitutional Acts and Amendments

6.     Dissolution of Citizenship in India

7.     Persons of Indian Origin Card

8.     Overseas Citizen of India Card

9.     National Register of Citizenship

10.                        Exceptional Case of Citizenship in the Constitution

11.                        Citizenship UPSC Notes

12.                        MCQs for UPSC Exam

13.                        FAQs on Citizenship in Indian Constitution

Citizenship in Indian Constitution

Citizenship in the Indian Constitution represents the legal and political relationship between an individual and the Indian state. It encompasses the rights and privileges of Indian citizens as well as their duties and responsibilities.

Article 5 to 11

The Constitution of India has specific provisions for Citizenship in India, explained through Articles 5 to 11 in Part 2. These articles define who is considered a citizen of India, how citizenship can be acquired, and the rights and privileges of Indian citizens.

Articles 5 to 11: Summary

• 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

Detailed Analysis of Articles 5 to 11

Article 5: Citizenship at the Commencement of the Constitution

• A person born in India or whose parents were born in India, or who has been ordinarily resident in India for at least five years before the commencement of the Constitution, is considered a citizen of India.

Article 6: Rights of Citizenship of Certain Persons Who Have Migrated to India from Pakistan

• This article grants citizenship rights to persons who migrated from Pakistan before 19 July 1948, subject to certain conditions.

Article 7: Rights of Citizenship of Certain Migrants to Pakistan

• Any person who migrated to Pakistan after 1 March 1947, shall not be deemed a citizen of India unless they have returned to India under a permit for resettlement.

Article 8: Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India

• A person of Indian origin residing outside India, born in India, or whose parents or grandparents were born in India, can be registered as a citizen of India by the diplomatic or consular representative of India in the country of their residence.

Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to Be Citizens

• Any person who voluntarily acquires the citizenship of any foreign state shall cease to be a citizen of India.

Article 10: Continuance of the Rights of Citizenship

• Every person who is or is deemed to be a citizen of India shall continue to be such a citizen, subject to the provisions of any law that may be made by Parliament.

Article 11: Parliament to Regulate the Right of Citizenship by Law

• Parliament has the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Indian Citizenship Act of 1955

The Indian Citizenship Act of 1955 provides the comprehensive legal framework for citizenship in India. It outlines the criteria for citizenship by birth, descent, registration, and naturalization. It also details the provisions for the loss of citizenship.

Key Points of the Citizenship Act of 1955:

• Citizenship by Birth: A person born in India on or after 26th January 1950 but before 1st July 1987 is considered an Indian citizen by birth, irrespective of the nationality of their parents.
• Citizenship by Descent: A person born outside India on or after 26th January 1950 but before 10th December 1992, to Indian parents, is considered a citizen by descent.
• Citizenship by Registration: Persons who are not citizens by birth or descent may acquire citizenship through registration.
• Citizenship by Naturalization: Foreigners residing in India for a certain period and meeting other criteria may acquire citizenship through naturalization.

Citizenship in India: Constitutional Acts and Amendments

Several amendments and acts govern citizenship in India:

• Constitution (Amendment) Act, 1986: Allowed non-citizens who migrated to India from Bangladesh and Pakistan to apply for Indian citizenship.
• Citizenship (Amendment) Act, 2003: Relaxed residency requirements for naturalization for certain categories.
• Citizenship (Amendment) Act, 2015: Allowed certain categories of persons of Indian origin to apply for Indian citizenship.
• Citizenship (Amendment) Act, 2019: Controversially introduced religion as a criterion for citizenship for certain non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan who entered India before December 2014.

Dissolution of Citizenship in India

Citizenship can be dissolved in the following ways:

• Voluntary Renunciation: Any Indian citizen can renounce their Indian citizenship.
• Acquisition of Foreign Citizenship: Automatically lose Indian citizenship upon acquiring foreign citizenship.
• Deprivation by Government: The government can deprive citizenship if acquired fraudulently or if involved in activities prejudicial to India's interests.

Persons of Indian Origin Card

The PIO Card was issued to individuals of Indian origin who were citizens of other countries. It allowed visa-free travel to India and certain economic benefits. The PIO card has now been merged with the OCI card.

Overseas Citizen of India Card

The OCI Card is issued to individuals of Indian origin who are citizens of other countries. It grants them a lifelong visa, the right to work, and other benefits similar to those of Indian citizens.

National Register of Citizenship

The NRC is a database containing information about Indian citizens to identify and remove illegal immigrants. It was first introduced in Assam.

Exceptional Case of Citizenship in the Constitution

• Assam Accord (1985): Set a deadline of 25 March 1971, for expelling illegal migrants from Assam.
• Section 6A of the Citizenship Act, 1955: Enforced the new deadline for citizenship status.

Citizenship UPSC Notes

Citizenship is a crucial topic for the UPSC exam. Aspirants should understand the various provisions, amendments, and significant cases related to citizenship in India.

Key Points:

• Articles 5 to 11 define citizenship.
• The Citizenship Act of 1955 outlines the acquisition and loss of citizenship.
• Important amendments include the Citizenship (Amendment) Acts of 1986, 2003, 2015, and 2019.

MCQs for UPSC Exam

1.     Which article of the Indian Constitution gives Parliament the power to regulate citizenship by law?
a) Article 5
b) Article 9
c) Article 10
d) Article 11

Answer: d) Article 11

2.     Which amendment act introduced religion as a criterion for Indian citizenship?
a) Citizenship (Amendment) Act, 1986
b) Citizenship (Amendment) Act, 2003
c) Citizenship (Amendment) Act, 2015
d) Citizenship (Amendment) Act, 2019

Answer: d) Citizenship (Amendment) Act, 2019

3.     Who is considered a citizen of India under Article 5?
a) A person born in India or whose parents were born in India
b) A person born outside India to Indian parents
c) A person who has resided in India for five years
d) All of the above

Answer: a) A person born in India or whose parents were born in India

4.     Which document replaced the Person of Indian Origin (PIO) Card?
a) National Register of Citizenship
b) Overseas Citizen of India Card
c) Aadhaar Card
d) Voter ID Card

Answer: b) Overseas Citizen of India Card

5.     Which article deals with the rights of citizenship for persons of Indian origin residing outside India?
a) Article 5
b) Article 6
c) Article 8
d) Article 10

Answer: c) Article 8

6.     What is the National Register of Citizenship (NRC) primarily used for?
a) Documenting all legal citizens of India
b) Issuing passports
c) Providing employment
d) Conducting census

Answer: a) Documenting all legal citizens of India

7.     Which article states that persons voluntarily acquiring citizenship of a foreign state will not be citizens of India?
a) Article 5
b) Article 9
c) Article 10
d) Article 11

Answer: b) Article 9

8.     Who has the authority to deprive a person of their Indian citizenship?
a) President of India
b) Supreme Court of India
c) Government of India
d) Parliament of India

Answer: c) Government of India

9.     When was the Indian Citizenship Act enacted?
a) 1950
b) 1955
c) 1960
d) 1965

Answer: b) 1955

10.                        Which amendment act allowed non-citizens from Bangladesh and Pakistan to apply for Indian citizenship?
a) Constitution (Amendment) Act, 1986
b) Citizenship (Amendment) Act, 2003
c) Citizenship (Amendment) Act, 2015
d) Citizenship (Amendment) Act, 2019

Answer: a) Constitution (Amendment) Act, 1986

FAQs on Citizenship in Indian Constitution

1.     What is Citizenship in the Indian Constitution? Citizenship in the Indian Constitution refers to the legal status of an individual recognized as a member of the Indian state, with specific rights and duties.

2.     What are Articles 5 to 11 of the Indian Constitution? Articles 5 to 11 define citizenship in India, including acquisition, termination, and Parliament's power to regulate citizenship.

3.     Which part of the Indian Constitution contains provisions about citizenship? Part 2 of the Indian Constitution contains provisions about citizenship.

4.     What is the significance of Article 5? Article 5 defines citizenship at the commencement of the Constitution, providing criteria for who is considered a citizen of India.

5.     What is the Citizenship (Amendment) Act, 2019? The Citizenship (Amendment) Act, 2019, introduced religion as a criterion for Indian citizenship for certain non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan who entered India before December 2014.

6.     What is the National Register of Citizenship (NRC)? The NRC is a database of all legal citizens of India, aimed at identifying and removing illegal immigrants.

7.     Can Indian citizenship be terminated? Yes, Indian citizenship can be terminated through voluntary renunciation, acquisition of foreign citizenship, or deprivation by the government.

8.     What is the Overseas Citizen of India (OCI) Card? The OCI Card is issued to individuals of Indian origin who are citizens of other countries, providing them with a lifelong visa and other benefits.

9.     What is the Person of Indian Origin (PIO) Card? The PIO Card was a document issued to individuals of Indian origin who were citizens of other countries, allowing them visa-free travel to India and certain economic benefits. It has been merged with the OCI Card.

10.                        What are the key amendments related to Indian citizenship? Key amendments include the Constitution (Amendment) Act, 1986; Citizenship (Amendment) Act, 2003; Citizenship (Amendment) Act, 2015; and Citizenship (Amendment) Act, 2019.

By understanding the provisions, significance, and amendments of citizenship in the Indian Constitution, candidates can gain valuable insights for the UPSC exam.