Constitution Part II has the following articles: Article 5. Citizenship at the commencement of the
Constitution. Article 6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
Article 7. Rights of citizenship of certain migrants to Pakistan. Article 8. Rights of citizenship of certain
persons of Indian origin residing outside India. Article 9. Persons voluntarily acquiring citizenship of a
foreign State not to be citizens. Article 10. Continuance of the rights of citizenship. Article 11. Parliament
to regulate the right of citizenship by law. The dictionary meaning of a citizen is a native or naturalized
member of a state or other political community. The citizenship is a state of being a citizen of a
particular social, political, or national community. The major issues in Constituent assembly on
citizenship For the constitution assembly, to arrive at a final draft for Citizenship was one of the most
arduous tasks while framing the constitution. The problem was partition of India on one hand and India
being recreated by uniting the princely states on the other. India’s partition into India and Pakistan
caused millions of people cross the border. The Hindus and Sikhs who were born in Pakistan side came
to India and Muslims who were born in India migrated to Pakistan. Apart from that, there were people
who had left their homeland India and started living abroad and now wanted to come back as the
country was a free nation. The assembly created and destroyed many drafts regarding the citizenship
and even the final draft was amended for more than 100 times before it was finally incorporated in the
Constitution as Part II. The problem of citizenship was basically as follows: The people who were born
and living in Pakistan and migrated to India were to be provided Indian Citizenship. The people who
were born and living in India and migrated to Pakistan were to be excluded and debarred from Indian
Citizenship. People who migrated to Pakistan in 1947 but returned back to live in India permanently had
to be provided Citizenship. The people who were born in India, but living abroad but came back, had to
be provided citizenship. Article 5 : Citizenship at the commencement of the Constitution. At the
commencement of this Constitution, every person who has his domicile in the territory of India and-
who was born in the territory of India; or either of whose parents was born in the territory of India; or
who has been ordinarily resident in the territory of India for not less than five years immediately
preceding such commencement, shall be a citizen of India. Article5 refers to the Citizenship on January
26, 1950. This article provided that the ordinary resident in the territory of India since or before January
26, 1945 were deemed to be Indian Citizens. But what about the people who came from Pakistan after
1947 partition? This is clarified in Article 6. Article 6 : Rights of citizenship of certain persons who have
migrated to India from Pakistan. Article 6. Rights of citizenship of certain persons who have migrated to
India from Pakistan. Notwithstanding anything in article 5, a person who has migrated to the territory of
India from the territory now included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if- he or either of his parents or any of his grand-parents was born
in India as defined in the Government of India Act, 1935 (as originally enacted); and (i) in the case where
such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in
the territory of India since the date of his migration, or (ii) in the case where such person has so
migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an
officer appointed in that behalf by the Government of the Dominion of India on an application made by
him there for to such officer before the commencement of this Constitution in the form and manner
prescribed by that Government: Provided that no person shall be so registered unless he has been
resident in the territory of India for at least six months immediately preceding the date of his
application. Article 6 deals with those persons who migrated to India from Pakistan. India as defined in
the Government of India Act, 1935 means undivided India. These persons were divided into two
categories. Category 1: Those who came before July 19, 1948 Category 2: Those who came after July 19,
1948 Those who came from Pakistan to India before July 19, 1948 would automatically become Indian
Citizens. Those who came after July 19, 1948 would become Indian Citizens provided they had been
registered in the form and manner as prescribed by the Government of India. Article 7: Rights of
citizenship of certain migrants to Pakistan Article 7: Rights of citizenship of certain migrants to Pakistan.
Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947,
migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be
a citizen of India: Provided that nothing in this article shall apply to a person who, after having so
migrated to the territory now included in Pakistan, has returned to the territory of India under a permit
for resettlement or permanent return issued by or under the authority of any law and every such person
shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after
the nineteenth day of July, 1948. Article 7 deals with those persons who had migrated to Pakistan but
returned to India from Pakistan with intention to live here permanently. Please note that this article
deals with the “permit system”. The permit system was introduced in July 19, 1948. This system
provided that a person who is desiring to return back to India with an intention to permanently reside
was required to get a separate permit. Article 8: Rights of citizenship of certain persons of Indian origin
residing outside India Article 8: Rights of citizenship of certain persons of Indian origin residing outside
India. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose
grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted),
and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen
of India if he has been registered as a citizen of India by the diplomatic or consular representative of
India in the country where he is for the time being residing on an application made by him therefor to
such diplomatic or consular representative, whether before or after the commencement of this
Constitution, in the form and manner prescribed by the Government of the Dominion of India or the
Government of India. Article 8 deals with those persons who were living abroad. The article provides
that any person who was born or his parents /grandparents were born in undivided India but living
abroad and wants to return to India would need to be registered at the as Citizen of India by the
diplomatic or consular representative of India in that country. Article 9: Persons voluntarily acquiring
citizenship of a foreign State not to be citizens Article 9: Persons voluntarily acquiring citizenship of a
foreign State not to be citizens. No person shall be a citizen of India by virtue of article 5, or be deemed
to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of
any foreign State. Under article 9 of the constitution, any person who has voluntarily acquired the
citizenship of a foreign country, even if qualified for Indian Citizenship under any of the provisions of the
constitution will not be a Citizen of India. Plenary Power to parliament: Article 10 & 11 Article 10:
Continuance of the rights of citizenship. Every person who is or is deemed to be a citizen of India under
any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made
by Parliament, continue to be such citizen. Article 11: Parliament to regulate the right of citizenship by
law. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to
make any provision with respect to the acquisition and termination of citizenship and all other matters
relating to citizenship. The nature of provisions from Article 5 to 9 show that the objective of the
constituent assembly was not to make a permanent law for citizenship. Ours is a Republic Country and
various offices are to be occupied by the persons who are elected by the citizens. So, keeping this in
view, it was necessary for the Constituent Assembly to make some provisions which could precisely
determine that who is a Citizen of Independent Indian Dominion and who is not, at the time of the
commencement of the constitution. Further, the constituent also gave plenary power to the parliament
of India to deal with the question of nationality. Article 10 and more precisely Article 11 give the power
to the parliament to make law in this connection as and when it suits to the demands of the
circumstances. The power in parliament vested by Article 11 embraced not only acquisition but also the
termination or any other matter related to Citizenship. Using the power vested in parliament by Article
11 of the Constitution of India, a comprehensive law “The Citizenship Act, 1955″ was passed by the
parliament. This act has been amended from time to time to make space for provisions as and when
required
source : gktoday.in
Constitution. Article 6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
Article 7. Rights of citizenship of certain migrants to Pakistan. Article 8. Rights of citizenship of certain
persons of Indian origin residing outside India. Article 9. Persons voluntarily acquiring citizenship of a
foreign State not to be citizens. Article 10. Continuance of the rights of citizenship. Article 11. Parliament
to regulate the right of citizenship by law. The dictionary meaning of a citizen is a native or naturalized
member of a state or other political community. The citizenship is a state of being a citizen of a
particular social, political, or national community. The major issues in Constituent assembly on
citizenship For the constitution assembly, to arrive at a final draft for Citizenship was one of the most
arduous tasks while framing the constitution. The problem was partition of India on one hand and India
being recreated by uniting the princely states on the other. India’s partition into India and Pakistan
caused millions of people cross the border. The Hindus and Sikhs who were born in Pakistan side came
to India and Muslims who were born in India migrated to Pakistan. Apart from that, there were people
who had left their homeland India and started living abroad and now wanted to come back as the
country was a free nation. The assembly created and destroyed many drafts regarding the citizenship
and even the final draft was amended for more than 100 times before it was finally incorporated in the
Constitution as Part II. The problem of citizenship was basically as follows: The people who were born
and living in Pakistan and migrated to India were to be provided Indian Citizenship. The people who
were born and living in India and migrated to Pakistan were to be excluded and debarred from Indian
Citizenship. People who migrated to Pakistan in 1947 but returned back to live in India permanently had
to be provided Citizenship. The people who were born in India, but living abroad but came back, had to
be provided citizenship. Article 5 : Citizenship at the commencement of the Constitution. At the
commencement of this Constitution, every person who has his domicile in the territory of India and-
who was born in the territory of India; or either of whose parents was born in the territory of India; or
who has been ordinarily resident in the territory of India for not less than five years immediately
preceding such commencement, shall be a citizen of India. Article5 refers to the Citizenship on January
26, 1950. This article provided that the ordinary resident in the territory of India since or before January
26, 1945 were deemed to be Indian Citizens. But what about the people who came from Pakistan after
1947 partition? This is clarified in Article 6. Article 6 : Rights of citizenship of certain persons who have
migrated to India from Pakistan. Article 6. Rights of citizenship of certain persons who have migrated to
India from Pakistan. Notwithstanding anything in article 5, a person who has migrated to the territory of
India from the territory now included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if- he or either of his parents or any of his grand-parents was born
in India as defined in the Government of India Act, 1935 (as originally enacted); and (i) in the case where
such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in
the territory of India since the date of his migration, or (ii) in the case where such person has so
migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an
officer appointed in that behalf by the Government of the Dominion of India on an application made by
him there for to such officer before the commencement of this Constitution in the form and manner
prescribed by that Government: Provided that no person shall be so registered unless he has been
resident in the territory of India for at least six months immediately preceding the date of his
application. Article 6 deals with those persons who migrated to India from Pakistan. India as defined in
the Government of India Act, 1935 means undivided India. These persons were divided into two
categories. Category 1: Those who came before July 19, 1948 Category 2: Those who came after July 19,
1948 Those who came from Pakistan to India before July 19, 1948 would automatically become Indian
Citizens. Those who came after July 19, 1948 would become Indian Citizens provided they had been
registered in the form and manner as prescribed by the Government of India. Article 7: Rights of
citizenship of certain migrants to Pakistan Article 7: Rights of citizenship of certain migrants to Pakistan.
Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947,
migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be
a citizen of India: Provided that nothing in this article shall apply to a person who, after having so
migrated to the territory now included in Pakistan, has returned to the territory of India under a permit
for resettlement or permanent return issued by or under the authority of any law and every such person
shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after
the nineteenth day of July, 1948. Article 7 deals with those persons who had migrated to Pakistan but
returned to India from Pakistan with intention to live here permanently. Please note that this article
deals with the “permit system”. The permit system was introduced in July 19, 1948. This system
provided that a person who is desiring to return back to India with an intention to permanently reside
was required to get a separate permit. Article 8: Rights of citizenship of certain persons of Indian origin
residing outside India Article 8: Rights of citizenship of certain persons of Indian origin residing outside
India. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose
grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted),
and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen
of India if he has been registered as a citizen of India by the diplomatic or consular representative of
India in the country where he is for the time being residing on an application made by him therefor to
such diplomatic or consular representative, whether before or after the commencement of this
Constitution, in the form and manner prescribed by the Government of the Dominion of India or the
Government of India. Article 8 deals with those persons who were living abroad. The article provides
that any person who was born or his parents /grandparents were born in undivided India but living
abroad and wants to return to India would need to be registered at the as Citizen of India by the
diplomatic or consular representative of India in that country. Article 9: Persons voluntarily acquiring
citizenship of a foreign State not to be citizens Article 9: Persons voluntarily acquiring citizenship of a
foreign State not to be citizens. No person shall be a citizen of India by virtue of article 5, or be deemed
to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of
any foreign State. Under article 9 of the constitution, any person who has voluntarily acquired the
citizenship of a foreign country, even if qualified for Indian Citizenship under any of the provisions of the
constitution will not be a Citizen of India. Plenary Power to parliament: Article 10 & 11 Article 10:
Continuance of the rights of citizenship. Every person who is or is deemed to be a citizen of India under
any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made
by Parliament, continue to be such citizen. Article 11: Parliament to regulate the right of citizenship by
law. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to
make any provision with respect to the acquisition and termination of citizenship and all other matters
relating to citizenship. The nature of provisions from Article 5 to 9 show that the objective of the
constituent assembly was not to make a permanent law for citizenship. Ours is a Republic Country and
various offices are to be occupied by the persons who are elected by the citizens. So, keeping this in
view, it was necessary for the Constituent Assembly to make some provisions which could precisely
determine that who is a Citizen of Independent Indian Dominion and who is not, at the time of the
commencement of the constitution. Further, the constituent also gave plenary power to the parliament
of India to deal with the question of nationality. Article 10 and more precisely Article 11 give the power
to the parliament to make law in this connection as and when it suits to the demands of the
circumstances. The power in parliament vested by Article 11 embraced not only acquisition but also the
termination or any other matter related to Citizenship. Using the power vested in parliament by Article
11 of the Constitution of India, a comprehensive law “The Citizenship Act, 1955″ was passed by the
parliament. This act has been amended from time to time to make space for provisions as and when
required
source : gktoday.in
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