Part II of the Constitution of India [Articles 5–11]: Citizenship

Introduction

Part II of the Constitution of India (Articles 5 to 11) deals with the concept of citizenship at the commencement of the Constitution (26 January 1950). It defines who would be considered citizens of India at that crucial historical moment following independence and partition.

Unlike many constitutions, Indian citizenship provisions were initially transitional in nature, leaving the detailed framework to be developed later by Parliament.

Concept of Citizenship in India

Meaning of Citizenship

Citizenship signifies:

Full membership of the state
Enjoyment of civil and political rights
Eligibility for public offices

Single Citizenship

India follows single citizenship, unlike countries such as the USA which have dual citizenship (state + federal).

Implications

Uniform rights across India
Promotes national unity and integration

Why Part II Was Necessary? (Historical Context)

The provisions of Part II must be understood in the context of:

Partition of India (1947)
Massive migration between India and Pakistan
Issues of refugees, displaced persons, and identity

Key Challenge

Determining:

Who is an Indian citizen?
What about migrants from Pakistan?

Overview of Articles 5 to 11

Article	Subject
Article 5	Citizenship at the commencement
Article 6	Citizenship of migrants from Pakistan
Article 7	Citizenship of migrants to Pakistan
Article 8	Citizenship of persons of Indian origin abroad
Article 9	Voluntary acquisition of foreign citizenship
Article 10	Continuance of citizenship
Article 11	Parliament’s power to regulate citizenship

Article-wise Detailed Analysis

Article 5: Citizenship at the Commencement of the Constitution

Provision

A person is a citizen of India if:

He/she has domicile in India, and
Meets any one of the following conditions:
- Born in India, or
- Either parent born in India, or
- Resident in India for at least 5 years before 26 Jan 1950

Key Concept: Domicile

Domicile implies:

Permanent home
Intention to reside permanently

Two Elements

Residence
Intention

Important Case Law

D.P. Joshi Case 1955
→ Distinguished between domicile and residence

Article 6: Citizenship of Migrants from Pakistan

Applies to persons who migrated from Pakistan to India.

Two Categories

1. Migrants before 19 July 1948

Automatically granted citizenship if:
- They or their parents/grandparents were born in India

2. Migrants after 19 July 1948

Required:
- Registration
- Permit for resettlement

Reason for Cut-off Date

Introduction of permit system on 19 July 1948

Article 7: Citizenship of Migrants to Pakistan

Persons who migrated to Pakistan after 1 March 1947:
- Not considered Indian citizens

Exception

If they returned to India under:
- Permit for resettlement
  → Can regain citizenship

Key Insight

Article 7 acts as an exception to Articles 5 and 6

Article 8: Citizenship of Persons of Indian Origin Residing Abroad

Applies to:

Persons of Indian origin living outside India

Conditions

Must:
- Register at Indian consulate
Must have:
- Indian origin (self/parents/grandparents born in India)

Significance

Early recognition of Indian diaspora

Article 9: Voluntary Acquisition of Foreign Citizenship

A person ceases to be an Indian citizen if:
- He/she voluntarily acquires citizenship of another country

Key Principle

India does not allow dual citizenship

Article 10: Continuance of Citizenship

Any person who is a citizen under Articles 5–9:
- Continues as citizen
Subject to laws made by Parliament

Article 11: Parliamentary Power

Parliament has the power to:

Make laws regarding:
1. Acquisition
2. Termination
3. Other matters related to citizenship

Important Law

Citizenship Act 1955

Citizenship Act, 1955 – Brief Overview

Parliament exercised its power under Article 11 to enact this law.

Modes of Acquiring Citizenship

By birth
By descent
By registration
By naturalization
By incorporation of territory

Loss of Citizenship

Renunciation
Termination
Deprivation

Recent Amendment

Citizenship Amendment Act 2019
→ Provided citizenship to certain persecuted minorities from neighboring countries

Conceptual Insights for UPSC

1. Transitional Nature of Part II

Deals only with citizenship at commencement
Not a permanent framework

2. Role of Parliament

Real citizenship law is governed by:
- Citizenship Act, 1955

3. Impact of Partition

Articles 6 & 7 are directly linked to:
1. Migration issues
2. Refugee crisis

Important Supreme Court Judgements

1. D.P. Joshi Case 1955

Clarified domicile vs residence

2. State of UP v. Rehmatullah

Interpretation of migration provisions

3. Berubari Union Case 1960

Indirectly relevant to citizenship and territory

Comparison: Citizen vs Non-Citizen Rights

Rights	Citizens Only	Available to All
Article 15	✔	✖
Article 16	✔	✖
Article 19	✔	✖
Article 21	✔	✔

Relevance for UPSC Examination

Prelims

Direct factual questions
Articles and provisions
Cut-off dates (19 July 1948)

Mains (GS Paper II)

Themes

Citizenship issues
Migration and refugees
Constitutional provisions vs statutory law

Sample Questions

Discuss the constitutional provisions relating to citizenship at the commencement of the Constitution.
Explain the role of Parliament in regulating citizenship under Article 11.
Analyze the impact of partition on citizenship provisions.

Answer Writing Tips

Mention Articles 5–11 clearly
Use keywords:
1. “domicile”
2. “permit system”
Link with:
- Citizenship Act 1955
Add contemporary relevance (CAA, migration debates)

Part II of the Constitution reflects the historical realities and challenges of post-partition India. It provided a foundational yet transitional framework for determining citizenship, while empowering Parliament to develop a comprehensive legal structure.