Articles 5 to 11 - Citizenship
- Legal Journey
- Oct 22
- 9 min read
Updated: Oct 26
Part 2 of the Constitution of India
Citizenship
Articles 5 to 11
Part 2 of the Constitution of India (Articles 5 to 11) deals with “Citizenship”.
Q) Who is a Citizen?
A) The Constitution of India does NOT define the term “Citizen” but generally speaking, A citizen of a State is a person who enjoys full civil and political rights. Citizenship is nothing but a full time membership. It is a status of a person recognised under law as being a legal member of a sovereign state or belonging to the Nation.
Population of a State can be divided into two categories:
Citizens, and
Aliens.
Aliens are further divided into two types:- Enemy and Friendly Aliens.
Citizens are those who are full members of the State and enjoy all civil and political rights, while Aliens are every person who is not a citizen.
Q) What is the Enforcement date of Citizenship?
A) 26th November 1949 (Article 394)
Q) What is the Commencement date of Citizenship?
A) 26th January 1950 (Article 394).
Q) Objective to include Citizenship?
A) To provide for acquisition and determination of Indian Citizenship.
Q) What are the two principles of Citizenship?
A) The 2 principles of Citizenship are:-
Jus Soli - Meaning ‘Right of the Soil’, It confers citizenship on the basis of place of birth.
Jus Sanguinis - Meaning ‘Right of Blood’, It confers citizenship on the basis of nationality of one or both of the parents. It gives recognition to blood ties (blood relationship).
The Constitution of India simply describes classes of persons who would be deemed to be the citizens of India at the Commencement of the Constitution (26th January 1950).
Citizenship by Domicile (Article 5)
Citizenship of Emigrants from Pakistan (Article 6).
Citizenship of Migrants to Pakistan (Article 7).
Citizenship of Indians Abroad (Article 8).
Article 5. Citizenship on commencement of the Constitution
- All those domiciled and born in India were given Citizenship.
- Person who were domiciled but NOT born in India, but either of whose parents were born in India, were considered citizens.
- Anyone who had been an ordinary resident for more than 5 years was entitled to apply for citizenship.
Abdul Sattar Haji Ibrahim Patel V. State of Gujarat (1964 SC)
- Requirements prescribed under clauses (a), (b) & (c) are alternative in nature.
Q) What is the difference between Domicile and Residence?
A) The domicile of a person is in that country in which he either has or is deemed by law to have his permanent house.
- Residence alone in a place is not sufficient to constitute the domicile. It must be accompanied by the Intention to make it his permanent house.
- Elements necessary for existence of Domicile are:-
A residence of a particular kind, and
An intention of a particular kind.
- Residence need Not be continuous but it must be indefinite and Intention must be a permanent intention to reside forever in the country where residence is taken.
- Domicile is of two types - Domicile of Origin and Domicile of Choice.
Domicile of Origin is attached by place of birth, while
Domicile of Choice is acquired by permanent residence in a different State.
Pradeep Jain V. Union of India (1984)
- The Supreme Court held that Article 5 recognises ONLY one domicile (Domicile of India).
- It does NOT recognise the notion of State domicile. India is not a federal state in the traditional sense of the term. It has only one citizenship.
Article 6. Rights of Citizenship of certain persons who have migrated to India from Pakistan
- If a person who :-
Either Himself, OR
Either of his parents, OR
Either grand-parents,
- Were born in India, and
- That person migrated to India from Pakistan, before July 19, 1948, would automatically become an Indian Citizen.
- But, if they migrated to India from Pakistan, after July 19, 1948 would need to register themselves as citizens of India.
- To register, the person needs to apply to the officer appointed by the Indian Government before the commencement of the Constitution, as prescribed by the Government.
- The person must have resided in the territory of India for at least 6 months before applying for registration under this Article.
Article 7. Rights of Citizenship of certain migrants to Pakistan
- A person who has after March 1 , 1947 migrated from India to Pakistan
- Shall NOT be deemed to be a citizen of India.
- BUT, if the said person, returns under a permit of resettlement or Permanent Return.
- Issued by or under authority of law, He will be considered to be Indian Citizen.
- For the purposes of Article 6 clause (b) the date of migration shall be deemed to be after July 19, 1948.
Article 8. Rights of Citizenship of certain persons of Indian origin residing outside India
- Any person who -
Either Himself, or
Either of his parents, or
Either grand-parents,
- Were born in India, and
- Ordinarily resides outside India,
- Could register themself as an Indian Citizen with Indian Diplomatic Mission in that Country.
Article 9. Persons Voluntarily acquiring citizenship of a foreign state NOT to be citizens
- If any person,
- Voluntarily acquires the citizenship of a foreign state,
- Shall NO longer be a Citizen of India.
Article 10. Continuance of the rights of Citizenship
- Persons declared citizens by the preceding articles of citizenship to be citizens subject to any laws passed by the Parliament.
- Hence, in exercise of this power, Parliament may take away the right of citizenship of any person, but ONLY by an express law made by Parliament.
- It CANNOT be taken away indirectly.
Article 11. Parliament to regulate the right of citizenship by law
- Citizenship is the subject matter of the Union. Only Parliament has power to make law in relation to citizenship.
Rashtriya Mukti Morcha V. Union of India (2006 Delhi HC)
- Article 5 was ONLY intended to decide citizenship at the commencement of the Constitution and the Constituent Assembly decided to leave the sensitive matters related to citizenship to the wisdom of the democratically elected representation of people.
Hence, Article 11 will override Articles 5 to 10
Citizenship Act, 1955
- This act provides for the acquisition and termination of the Citizenship of India after the commencement of the Constitution of India.
Acquiring citizenship
- Under this Act, there are 5 ways in which Indian Citizenship can be acquired:
By Birth (Section 3)
By Descent (Section 4)
By Registration (Section 5)
By Naturalisation (Section 6)
By Incorporation of Territory (Section 7)
By Birth (Section 3)
- Every person born in India on or after 26/01/1950 but before 01/07/1987 -> is an Indian citizen, irrespective of the nationality of his/her parents.
- Every person born in India on or after 01/07/1987 but before 03/12/2004 -> is a citizen of India, if either of his/her parents is a citizen of India at the time of his/her birth.
- Every person born in India on or after 03/12/2004 -> is a citizen of India,
if both his/her parents are Indians, OR
at least one parent is a citizen and the other is NOT an illegal migrant
at the time of birth.
By Descent (Section 4)
- A person born outside of India on or after 26/01/1950 but before 10/12/1992 -> is a citizen of India by descent, if his/her father was a citizen of India by birth.
- A person born outside of India on or after 10/12/1992 but before 03/12/2004 -> is a citizen of India by descent, if either of his/her parent was a citizen of India by birth.
- If a person born outside of India on or after 03/12/2004 -> has to acquire citizenship -
His/Her parents have to declare that the minor does NOT hold a passport of another country, &
His/Her birth is registered at an Indian Consulate within 1 year of Birth.
By Registration (Section 5)
- Before applying for registration :-
A person must be of Indian Origin who has been a resident of India for 7 years,
A person who is married to an Indian Citizen and is ordinary resident for 7 years,
Minor child of persons who are citizens of India.
By Naturalisation (Section 6)
- Naturalisation is the legal act or process by which a non-national can acquire the nationality on the ground of living in India for a long period of time.
- A person can acquire citizenship by Naturalisation, if he/she is ordinarily resident of India for 12 years
- The specific criteria is :-
Preceding the date of application the person must be living in India for 12 months continuously.
Before these 12 months, that person for 11 years in aggregate, out of 14 years must have resided in India.
By Incorporation of Territory (Section 7)
- If any new territory becomes a part of India, the Government of India shall specify the persons of the territory to be citizens of India.
Sondur Gopal V. Sondur Rajini (2013 SC)
- Regarding domicile of Choice, SC has held that in domicile of choice mere acquisition of another domicile is NOT sufficient.
- There must be a clear intention to abandon the domicile of origin.
- Domicile is established through intention and domicile is ended through intention to abandon the domicile.
Bhanwaru Khan V. Union of India (2002 SC)
- The Supreme Court recognised that those who had voluntarily migrated to Pakistan and became citizens there CANNOT return to India.
- They CANNOT claim citizenship of India on the ground that they had been living in India for a long time and their names have been included in the voter list.
State Trading Corporation of India V. Commercial Tax Officer (1960 SC)
- The Supreme Court held that a company is NOT a citizen and therefore cannot claim Fundamental Rights which have been conferred upon its citizens.
- The Court further clarified that the citizenship in Part II is concerned with the natural persons and not juristic persons.
R. C. Cooper V. Union of India (1970 SC)
- The Supreme Court held that if the State’s action impairs the rights of the Shareholders and as well as that of the company, the shareholders will be entitled under Article 19.
- From this case, The Supreme Court adopted a flexible approach in interpreting this aspect.
Terminating citizenship
- Similarly, there are 3 ways in which Indian Citizenship can be terminated:
By renunciation (Section 8)
By termination (Section 9)
By deprivation (Section 10)
By renunciation (Section 8)
- Any citizen;
- Major and of capacity (basically fulfilling the requirements for a valid contract);
- May make a declaration in the prescribed manner renouncing his Indian citizenship.
- Such declaration shall be registered by the prescribed authority,
- Upon such registration, that person shall cease to be a citizen of India and NOT before.
- It is also provided that, if such declaration is made during any war in which India may be engaged in, registration of such declaration shall be withheld until the Central Government otherwise directs.
By termination (Section 9)
- If any citizen of India voluntarily acquires citizenship of any other country shall upon such acquisition cease to be a citizen of India.
- It is provided however that this Section shall NOT apply to a citizen of India during any war in which India may be engaged in, until the Central Government otherwise directs.
- Any question of when or how any citizen of India has acquired the citizenship of another country shall be determined by such authority and in such manner as may be prescribed in this behalf.
By deprivation (Section 10)
- A citizen of India,
- Who is citizen by :-
Naturalisation; OR
ONLY by Article 5(c) of Constitution; OR
By registration except under Article 6(b)(ii); OR
Section 5(1)(a) of this Act.
- Shall cease to be a citizen of India, If he is deprived of that citizenship by an order of the Central Government under this Section.
- Hence, citizenship of an individual can ONLY be deprived by the Central Government if he is a citizen by virtue of the above sections/Articles, and not otherwise.
- Deprivation of citizenship can be because of reasons like :-
Certificate of naturalisation was obtained by fraud; OR
Citizen has shown by conduct to be disloyal or disaffected towards the Constitution of India; OR
Has unlawfully communicated or traded etc. with an enemy during war times.
- However, The Central Government shall NOT deprive a person of citizenship under this section unless it is satisfied that it is NOT conducive to the public good that person should continue to be a citizen of India.
Frequently Asked Questions
Q) Does India allow dual citizenship?
A) No. As per Article 9 and Section 9 of the Citizenship Act, acquiring another country’s citizenship leads to automatic loss of Indian citizenship.
Q) What is Overseas Citizen of India (OCI)?
A) OCI is a special status for foreign citizens of Indian origin, giving them visa-free travel and certain privileges, but not full citizenship.
Q) Are fundamental rights available only to citizens?
A) Some fundamental rights (like Articles 15, 16, 19) are exclusive to citizens, while others (like Articles 14, 21) apply to all persons.
Q) What is the Citizenship (Amendment) Act, 2019?
A) It applies to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who migrated to India from Pakistan, Bangladesh, or Afghanistan on or before 31st December 2014 due to religious persecution.
The Act reduces the residency requirement for these groups from 11 years to 5 years and explicitly excludes Muslims from its scope.
Q) Which principle of citizenship is followed by India?
A) India follows a combination of both - jus soli (birth in India) and jus sanguinis (parental lineage) principles of citizenship.
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