Citizenship in India – Articles 5,6,7,8,9,10 and 11

Many articles related to citizenship is prominent like, ARTICLE 6: Rights Of Citizenship Of Certain Persons Who Have Migrated To India From Pakistan. It gives detailed information about how to get citizenship based on different grounds. A citizen is a kind of status given to a person recognised based on law. This gives the person to be a legal member of the sovereign state in India. Articles 5 to 11 related to the constitution mainly concern the citizenship concept. Citizenship gives the provision of enjoying the complete membership of any particular state in which the person will have both political and civil rights.

ARTICLE 5: Citizenship At The Commencement Of The Constitution 

ARTICLE 6: Rights Of Citizenship Of Certain Persons Who Have Migrated To India From Pakistan is mainly concerned with the citizenship of the people at the beginning of the constitution. Under this particular article, the citizenship that will be conferred will be given to the person who will have their domicile within the territory of India. This means people who are born in the territory of India or else who’s either of the parents should be born in the territory of India. 

What does article 5 related to the constitution mention? 

It mentions that the two-thirds application related to the legislatures belonging to many states shall allow for the convention for amendments proposed. The proposed amendments would be later sent for ratification to different states of India. This is one of the important articles which give makes understanding of the important provision that is entitled to the citizen of India. 

This is the main article that enlightens about the citizenship given to the people at the beginning itself. Based on this, citizenship will be conferred to those persons with domiciles within India’s territory.. 

1. They should be born in India: or 

2. Either of their parents should be born in the territory of India: or 

3. They should be Indian residents whose stay should not be less than 5 years from the immediate commencement of the Indian constitution. 

ARTICLE 6: Rights Of Citizenship Of Certain Persons Who Have Migrated To India from Pakistan 

Whoever migrates from any part of Pakistan will be an Indian citizen based on the immediate commencement of the constitution. The following is considered to be the key factor for deciding about the citizenship in India –

Either of the parents or even their grandparents should be born in India as mentioned by the act 1935 of the Indian government. And also (a) in certain cases, if the person has migrated to India before 1948 on July 19th and if they had been a common resident in any territory of India since the time of their migration.

(b) In case the person would have migrated after July 19th of the year 1948 and if they had been registered as an Indian citizen by any of the officers who were appointed on behalf of the government within the Indian dominion mentioned in the application which was made before the starting of the Indian constitution. It mentions that none of the people will be registered unless they are Indian residents at least before the six months immediately from the date of the application. 

ARTICLE 7: Rights Of Citizenship Of Certain Migrants To Pakistan 

ARTICLE 7: Rights Of Citizenship Of Certain Migrants To Pakistan talks about the Pakistan migrants. According to the Indian constitution, not withstanding anything mentioned in articles 5 and 6, people who have migrated after March 1st, 1947, from the Indian Territory to those territories which now the part of Pakistan will not be deemed to be the Indian citizen.

The citizen is provided only to the person in case they migrate to the particular territory which is now the part of Pakistan and they have backed to the Indian Territory under the provision of permanent or the resettlement returned based issues, which is under the authority of the law. 

Every person who has migrated to the Indian Territory after July 19th, 1948, is eligible to be a citizen of India. 

Article 8– People whose parents or grandparents were born in the territory of India as mentioned according to the 1935 Indian Act. People who ordinarily reside in part of the country which is outside the territory of India will be given the citizenship of India if the person is registered as an Indian citizen by the consular representative or diplomatic officers before the starting of the Indian constitution. 

Article 9– None of the person shall be an Indian citizen by the article five or if deemed to be an Indian citizen in the form of virtue by the article 6 as well as which is mentioned in the article 8, if the person has voluntarily got the citizenship of any particular foreign state. 

Article 10- Based on this article, every person who is an Indian citizen shall be part of any kind of provisions that is provided by the law and continue to be a citizen. 

Article 11- Under this article, nothing related to the foregoing provisions of this particular article shall be derogated from being the parliament’s power to provide the provision with all due respect for acquiring the citizenship and all the related matters to the citizenship of India.

The person shall be subjected to losing Indian citizenship mainly in three ways -termination, renunciation, and deprivation.

Conclusion

So far, we’ve learned about Citizenship from ARTICLE 5: Citizenship At The Commencement Of The Constitution through 11. The citizenship draught was made and discarded several instances before being incorporated into the Constitution as Part II. It was revised approximately a hundred times prior to getting incorporated into the Constitution as Part II.