Article 5 to Article 11 of the Indian Constitution, which specifically deals with the aspects of citizenship. Each article addresses different aspects of citizenship, including its acquisition, qualifications, and certain provisions for migrants.
Article 5: Citizenship at the Commencement of the Constitution
Article 5 deals with the determination of citizenship at the commencement of the Constitution (January 26, 1950). It specifies that at the commencement of the Constitution, every person who has the qualification specified in the First Schedule shall be a citizen of India. The First Schedule mentions those individuals who were born in India or had Indian parentage and were ordinarily residing in the territory of India.
Article 6: Rights of Citizenship of Certain Persons Who Have Migrated to India from Pakistan
Article 6 provides for the rights of citizenship for certain persons who migrated to India from Pakistan. It states that a person who has migrated to India from Pakistan shall be deemed to be a citizen of India at the commencement of the Constitution if:
He or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935.
(ii) in the case where such person has so migrated before the nineteenth day of July 1948, he has been ordinarily residing in the territory of India since the date of his migration, or
(iii) 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 therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government.
Article 7: Rights of Citizenship of Certain Migrants to Pakistan
Article 7 deals with the rights of citizenship for certain migrants to Pakistan. It states that every person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be an Indian citizen at the commencement of this Constitution if:
(a) 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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
(b) (i) in the case where such person has so migrated before the nineteenth day of July 1948, he has been ordinarily residing in the territory of India since the date of his migration, or
(ii) 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 therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government.
Article 8: Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India
Article 8 deals with the rights of citizenship of certain persons of Indian origin residing outside India. It states that a person of Indian origin who is ordinarily residing in any country outside India shall not be deemed to be a citizen of India.
Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be Citizens
Article 9 states that 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: Continuance of the Rights of Citizenship
Article 10 ensures the continuance of the rights of citizenship for certain persons. Any person who is or is deemed to be a citizen of India under the provisions of the Constitution relating to citizenship immediately before the commencement of the Constitution shall continue to be a citizen of India.
Article 11: Parliament to Regulate the Right of Citizenship by Law
Article 11 empowers the Parliament to regulate the right of citizenship by law. It grants the power to the Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
These articles collectively lay down the foundation for the determination of citizenship in India, taking into account historical factors, migration, and the authority of the Parliament to regulate citizenship matters by law.
