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Part II of the Constitution of India (Articles 5–11) deals with citizenship at the commencement of the Constitution. It lays down provisions regarding citizenship by domicile, rights of persons migrating from Pakistan, persons of Indian origin residing abroad, termination of citizenship on acquiring foreign nationality, continuance of existing citizenship, and Parliament’s power to regulate citizenship by law.
Articles 5 to 11
Citizenship at the commencement of the Constitution
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Rights of citizenship of certain persons who have migrated to India from Pakistan
Rights of citizenship of certain migrants to Pakistan
Rights of citizenship of certain persons of Indian origin residing outside India
Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Continuance of the rights of citizenship
Parliament to regulate the right of citizenship by law
Frequently Asked Questions
What is Article 5 (Citizenship at the commencement)?
Article 5 grants citizenship at commencement to persons domiciled in India who were born in India, or had a parent born in India, or had ordinarily resided in India for at least five years immediately preceding the commencement date.
Who is covered under Article 6 (migrants from Pakistan)?
Article 6 deems certain persons who migrated from the territory now in Pakistan as citizens at commencement, subject to conditions like ancestry in India and residency or registration timelines around 19 July 1948.
What does Article 7 say about migrants to Pakistan?
Article 7 restricts citizenship rights of persons who migrated to Pakistan after March 1, 1947, with specified exceptions and conditions defined in the Constitution.
Who is covered by Article 8 (persons of Indian origin abroad)?
Article 8 provides that certain persons of Indian origin residing outside India could be deemed citizens at commencement if registered at Indian diplomatic or consular posts as prescribed.
What is Article 9 (foreign citizenship and Indian citizenship)?
Article 9 provides that a person who voluntarily acquires citizenship of a foreign State shall not be a citizen of India under Part II.
What does Article 10 ensure?
Article 10 ensures the continuance of the rights of citizenship for those who are or are deemed to be citizens under Part II, subject to any law made by Parliament.
What power does Article 11 give to Parliament?
Article 11 authorizes Parliament to make laws regarding acquisition, termination, and all other matters relating to citizenship, which led to the Citizenship Act, 1955 and its subsequent amendments.