Part 2 of Indian Constitution (Citizenship), List of Articles, Amendments

Part 2 of the Indian Constitution (Articles 5–11) defines citizenship, laying down who was considered a citizen at the commencement of the Constitution. It provides the foundational legal framework for Indian nationality and establishes the initial constitutional provisions governing citizenship in India. Read on to learn about articles covered in Part 2 of the Indian Constitution and key amendments.

Part 2 of Indian Constitution (Citizenship)

Part 2 of the Constitution details the conditions for Indian citizenship at the time of the Constitution’s commencement. These articles lay down the early framework for who is a citizen of India. Here are its key features:

• Initial Status: The core purpose of Part 2 was to define Indian citizenship at the Constitution’s start. This period required specific rules due to the partition of India.
• Focus on Commencement: Articles 5 to 11 Indian Constitution mainly address who qualified as citizens on January 26, 1950.
• Single Citizenship: Article 9 clearly indicates India’s stance on single citizenship. Voluntarily acquiring foreign citizenship leads to loss of Indian citizenship.
• Parliamentary Authority: Article 11 explicitly grants Parliament the authority to legislate on citizenship. This led to the Citizenship Act 1955, which provides methods for acquiring and losing citizenship post-commencement.

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Article 5: Citizenship at the Commencement of the Constitution

Article 5 describes initial citizenship for individuals having domicile in India. A person is a citizen if they met any of these conditions:

• Born in India.
• Either parent was born in India.
• Ordinarily resident in India for at least five years before January 26, 1950.

Article 6: Rights of Citizenship of Certain Migrants to India from Pakistan

Article 6 grants citizenship to people who moved to India from Pakistan. This applied to those whose families were born in undivided India.

• Before July 19, 1948: If they migrated before this date and were ordinarily resident in India since migration.
• On or After July 19, 1948: They needed registration as a citizen. An application had to be made before the Constitution’s commencement. Six months of residence before application was also necessary.

This provision addressed citizenship of migrants from Pakistan.

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Article 7: Rights of Citizenship of Certain Migrants to Pakistan

Article 7 details citizenship for people who migrated from India to Pakistan. Persons migrating after March 1, 1947, lost Indian citizenship.

An exception existed for those returning to India under a resettlement permit. These individuals were treated as if they migrated to India after July 19, 1948. This Article covers citizenship of migrants to Pakistan.

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

Article 8 covers persons of Indian origin living abroad. They could become citizens by registering with an Indian diplomatic representative. This applied if they, their parents, or grandparents were born in undivided India. This article addresses citizenship of persons of Indian origin.

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

Article 9 states that if a person voluntarily gained foreign citizenship, they ceased to be an Indian citizen. This prohibits dual citizenship for initial constitutional provisions. This article prevents citizenship by registration under Article 9 if foreign citizenship is acquired.

Article 10: Continuance of the Rights of Citizenship

Article 10 ensures continuous citizenship for those recognized under Articles 5, 6, or 8. This continuity is subject to laws made by Parliament. This secures the continuance of citizenship under Article 10.

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

Article 11 empowers Parliament to enact laws on citizenship matters. This includes rules for acquisition and termination of citizenship. This highlights Parliament power to regulate Part 2 of Indian Constitution

Amendments to Part 2 of Indian Constitution 

Over the years, many amendments have been made to Part 2 of the Indian Constitution thorough Citizenship Amendment Act (CAA):

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