Part 2 of Indian Constitution: Citizenship Articles 5 to 11

Part 2 of Constitution establishes the foundational framework of citizenship in India. When the Constitution came into force on 26 January 1950, the country needed clear rules to determine who legally belonged to the new Republic—especially in the aftermath of Partition and large-scale migration.

To address this, Articles 5 to 11 Indian Constitution defined citizenship at the commencement of the Constitution and empowered the legislature to shape future citizenship laws. These provisions remain crucial for understanding the constitutional philosophy behind India’s citizenship system.

Part 2 of Indian Constitution Articles

Part 2 of Indian Constitution lays down the initial determination of citizenship rather than permanent citizenship law. It clarifies:

• Who automatically became a citizen at the start of the Constitution

• How migration affected citizenship

• The principle of single citizenship

• The authority of the legislature to regulate citizenship in the future

Together, these provisions form the constitutional foundation of Indian citizenship law.

Article 5: Citizenship at the Commencement of the Constitution

This Article defines citizenship at the commencement of the Constitution. A person with domicile in India became a citizen if:

• They were born in India.

• Either of their parents was born in India.

• They resided ordinarily in India for at least five years before January 26, 1950.
  This article established the basic criteria for domicile and citizenship Article 5.

Article 6: Citizenship of Migrants from Pakistan

citizenship of migrants from Pakistan Article 6 covers individuals who migrated to India from Pakistan. They became citizens if:

• They, their parents, or grandparents were born in undivided India (as per the Government of India Act, 1935).

• They migrated before July 19, 1948, and lived in India since migration.

• They migrated on or after July 19, 1948, and registered as a citizen, having resided in India for six months before application. This outlines citizenship of migrants from Pakistan Article 6.

Article 7: Citizenship of Migrants to Pakistan

This Article deals with citizenship of migrants to Pakistan Article 7. A person who migrated from India to Pakistan after March 1, 1947, was not an Indian citizen.

• An exception exists for those who returned to India with a resettlement permit. Such individuals were treated like migrants under Article 6 after July 19, 1948.

Article 8: Citizenship of Persons of Indian Origin Residing Outside India

This Article covers citizenship of persons of Indian origin Article 8 living outside India. They could become citizens if:

• They, their parents, or grandparents were born in undivided India.

• They registered as citizens through an Indian diplomatic or consular representative in their country of residence.

Article 9: Voluntary Acquisition of Foreign Citizenship

citizenship by registration Article 9 states that a person cannot be an Indian citizen if they have voluntarily acquired citizenship of a foreign state. This rule highlights the principle of single citizenship in India.

Article 10: Continuance of Citizenship Rights

This Article ensures the continuance of citizenship Article 10. Every person who is a citizen under the preceding articles remains a citizen. This is subject to any laws Parliament may make.

Article 11: Parliament Power to Regulate Citizenship

This Article grants Parliament power to regulate citizenship Article 11. Parliament can make laws regarding the acquisition, termination, and all other matters related to citizenship. This provision forms the basis for the Citizenship Act 1955 and Constitution.

Constitutional Provisions of Citizenship in India

India's Constitution addresses citizenship primarily in Part II (Articles 5-11), defining who qualifies as a citizen at its commencement while empowering Parliament to regulate future acquisition and termination.

Citizenship Act 1955 and Constitution

Articles 5-8 cover citizenship at the Constitution's start (January 26, 1950), based on birth, parentage, domicile, and migration from Pakistan. Article 11 grants Parliament authority to enact laws like the Citizenship Act, 1955, which governs acquisition (by birth, descent, registration, naturalization, territory incorporation) and loss (renunciation, termination, deprivation). Amended multiple times (1986, 2003, 2005, 2015, 2019), the Act follows jus sanguinis, not jus soli.

Single Citizenship in India

Unlike dual federal systems (e.g., USA), India provides only single citizenship, unifying allegiance to the nation over states. Citizens enjoy uniform rights across states without separate state citizenship, promoting national integration.​

Overseas Citizenship of India OCI Provisions

OCI offers lifelong visa-like status to persons of Indian origin (eligible on January 26, 1950, or former citizens), excluding Pakistan/Bangladesh nationals. Benefits include parity with NRIs in economic/educational matters but no voting rights, government jobs, or land ownership; it's not dual citizenship.​

Citizenship Constitutional Framework India

Articles 9-10 ensure no automatic citizenship for those voluntarily acquiring foreign nationality and protect existing citizens' status. Article 11 enables the Citizenship Act as the key framework, balancing constitutional principles with legislative flexibility.