1. Meaning and Importance #
Citizenship means the legal status of membership of the State. It determines who belongs to the Indian polity and who can claim rights and privileges reserved for citizens.
Part II (Articles 5–11) primarily deals with citizenship at the commencement of the Constitution (26 January 1950) and then authorises Parliament to make detailed law on citizenship.
2. Citizenship as a “Right” #
Indian citizenship is not a Fundamental Right guaranteed to every person. Citizenship is a constitutional/statutory status:
- determined at commencement by Articles 5–10, and
- regulated thereafter by Parliament under Article 11, mainly through the Citizenship Act, 1955.
Citizenship is crucial because certain Fundamental Rights are available only to citizens, especially Articles 15, 16, 19 and 29.
Case Law: Citizen-only rights (Article 19) #
State Trading Corporation of India v. Commercial Tax Officer (1963)
Facts: A government company (STC) claimed it was a “citizen” and sought to invoke Article 19 freedoms.
Issue: Whether a company/corporation can be a “citizen” for the purpose of Article 19.
Held: A corporation/company is not a citizen. Article 19 rights are available only to natural persons who are citizens; citizenship of shareholders does not make the company a citizen.
3. Constitutional Provisions (Articles 5–11) #
Article 5: Citizenship at commencement (domicile + conditions) #
A person is a citizen at commencement if he/she had domicile in India and satisfied one of these:
- born in India, or
- either parent born in India, or
- ordinarily resident for 5 years immediately before commencement.
Article 6: Migrants from Pakistan to India #
Provides citizenship to migrants from Pakistan who satisfy conditions relating to Indian origin and residence/registration, with a distinction based on migration before or after 19 July 1948.
Article 7: Migrants to Pakistan (general bar with exception) #
A person who migrated from India to Pakistan after 1 March 1947 is generally not a citizen, except where the person returned to India with a permit for resettlement and satisfied conditions.
Case Law: Meaning of “migrated” (Article 7) #
Kulathil Mammu v. State of Kerala (1966)
Facts: A person proceeded against as a foreigner claimed Indian citizenship; the State relied on his movement to Pakistan in the relevant period.
Issue: Meaning of “migrated” in Article 7 and its effect on citizenship at commencement.
Held: “Migration” under Article 7 is movement from India to Pakistan with the character of change of abode/settlement (intention may be inferred from conduct). If Article 7 applies, citizenship at commencement is barred unless the constitutional exception applies.
Article 8: Persons of Indian origin residing outside India #
Persons of Indian origin abroad may be citizens by registration with Indian diplomatic/consular authorities, subject to conditions.
Article 9: Voluntary acquisition of foreign citizenship #
A person who voluntarily acquires foreign citizenship shall not be a citizen of India.
Article 10: Continuance of citizenship #
Citizenship continues, but remains subject to laws made by Parliament.
Article 11: Parliament’s power #
Parliament has power to make laws regarding acquisition and termination of citizenship and all related matters. This is the constitutional basis of the Citizenship Act, 1955.
4. Acquisition of Citizenship after Commencement (Citizenship Act, 1955) #
Modes (standard list):
- By Birth (Section 3)
- By Descent (Section 4)
- By Registration (Section 5)
- By Naturalisation (Section 6)
- By Incorporation of Territory (Section 7)
5. Termination / Loss of Citizenship (Citizenship Act, 1955) #
Modes (standard list):
- Renunciation (Section 8)
- Termination on voluntary acquisition of foreign citizenship (Section 9)
- Deprivation by Government order on prescribed grounds (Section 10)
Case Laws: Loss of citizenship (Section 9) #
Izhar Ahmad Khan v. Union of India (1962)
Facts: The petitioners’ citizenship status was questioned on the footing that they had voluntarily acquired foreign citizenship; the statutory determination mechanism under Section 9(2) and related rules were challenged.
Issue: Validity of determination of foreign citizenship acquisition under Section 9(2) and the rules governing proof.
Held: The mechanism under Section 9(2) was upheld; the Government can determine whether foreign citizenship was voluntarily acquired, following the statutory procedure and rules.
Mohd. Ayub Khan v. Commissioner of Police, Madras (1965)
Facts: The petitioner was treated as having acquired Pakistani citizenship (including reliance on passport-related facts), and his Indian citizenship was denied; he challenged the fairness of the determination process.
Issue: Whether determination under Section 9(2) can be made without giving a proper opportunity to the person affected.
Held: Determination under Section 9(2) is quasi-judicial in nature and must be made with fair procedure, including a reasonable opportunity to present the case.
6. Foreigners and Citizenship (linked concept often asked) #
Foreigners do not enjoy citizen-only rights under Article 19, though they are protected by Article 21 (life and personal liberty).
Hans Muller of Nuremberg v. Superintendent, Presidency Jail, Calcutta (1955)
Facts: A foreign national challenged detention/steps connected with expulsion.
Issue: Scope of governmental power to regulate, detain and expel foreigners under law.
Held: The State has power under law to regulate foreigners and take steps for expulsion; foreigners’ stay is regulated by statutory framework, not as a matter of right.
Louis De Raedt v. Union of India (1991)
Facts: Foreign nationals challenged refusal to extend stay and claimed entitlement to remain in India.
Issue: Whether foreigners have a fundamental right to reside and settle in India.
Held: Foreigners are protected under Article 21, but they do not have the Article 19(1)(e) right to reside and settle (citizens-only).
NHRC v. State of Arunachal Pradesh (1996)
Facts: Chakma refugees faced threats/attempts of forcible expulsion; NHRC approached the Supreme Court.
Issue: Whether the State must protect life and liberty of persons regardless of citizenship.
Held: Article 21 applies to all persons, citizens or non-citizens; the State must protect their life and liberty.
7. Conclusion #
Part II (Articles 5–11) identifies who were citizens at commencement and empowers Parliament under Article 11 to regulate citizenship thereafter. The Citizenship Act, 1955 provides the recognised modes of acquisition (birth, descent, registration, naturalisation, incorporation of territory) and loss (renunciation, termination, deprivation). Citizenship remains a foundational constitutional status because several key rights and political entitlements are reserved exclusively for citizens, while non-citizens are still protected in matters of life and liberty under Article 21.
