Citizenship

Articles 5 to 11 at the start of the Constitution, the Citizenship Act, 1955 and the rights that depend on citizenship

In one minute

Articles 5 to 11 decide who was a citizen of India when the Constitution began on 26 January 1950. They deal with people living in India, migrants from and to Pakistan, and people of Indian origin abroad. After that, Parliament makes the continuing rules through the Citizenship Act, 1955.

Exams ask for each Article with its dates, the modes of gaining and losing citizenship, and the line between citizens and other persons. Learn the dates 1 March 1947 and 19 July 1948.

Exam focus

Frequency: Frequently asked
Usually asked as: Both (long answer and short answer)

Legal provision

Article 5: at commencement, a person with domicile in India is a citizen if he meets one test. He was born in India, or either parent was born in India, or he was ordinarily resident in India for at least five years before commencement.
Article 6: a migrant to India from the territory now in Pakistan is deemed a citizen on two conditions. He, or a parent or grandparent, was born in India as defined in the Government of India Act, 1935. A migrant before 19 July 1948 must have been ordinarily resident in India since migration. A migrant on or after that date must have been registered before commencement.
Article 7: a person who migrated from India to Pakistan after 1 March 1947 is not deemed a citizen. The proviso exempts one who returned under a permit for resettlement or permanent return. He is treated, for Article 6(b), as having migrated to India after 19 July 1948.
Article 8: a person of Indian origin ordinarily residing outside India is deemed a citizen if registered by an Indian diplomatic or consular representative.
Article 9: a person who has voluntarily acquired the citizenship of a foreign State is not a citizen under Articles 5, 6 or 8.
Article 10: citizens under these Articles continue to be citizens, subject to any law of Parliament.
Article 11: nothing in these Articles takes away Parliament's power to make laws on the acquisition and termination of citizenship and all other matters relating to it.
Citizenship Act, 1955: sections 3 to 7 (acquisition), sections 8 to 10 (loss), section 6A (Assam). These sections are cited from the Act and not from the repo Constitution data.

Meaning and definition

Citizenship is the legal status of belonging to the Indian State as a full member. Part II of the Constitution fixes who were citizens on the day it began, and Article 11 leaves the rest to Parliament. India has one citizenship for the whole country, not separate State citizenships.

Some rights depend on this status. Article 19 gives its freedoms to "all citizens". Article 21 protects "no person". The difference decides which rights a foreigner can claim.

Gaining and losing citizenship under the Citizenship Act, 1955How to read this: start at the top box and follow the lines down. The two groups show the five ways to gain citizenship and the three ways to lose it.

Citizenship Act, 1955 (Article 11)
- Gain: birth, descent, registration, naturalisation, incorporation of territorySections 3 to 7
- Loss: renunciation, termination, deprivationSections 8 to 10

Detailed explanation

Step 1: Article 5, the general rule

Article 5 asks for domicile in India at commencement and one of three links: birth in India, a parent's birth in India, or five years' ordinary residence. Domicile needs more than residence. In Louis De Raedt, the Court said the person must show animus manendi (the intention to make India his permanent home), and that residence alone is not enough (para 10).

Example. Radha was born in Nagpur in 1930 and lived there all her life. She has domicile in India and was born in India. She became a citizen on 26 January 1950 under Article 5(a).

Step 2: Article 6, migrants from Pakistan

The migrant or a parent or grandparent must have been born in India as defined in the 1935 Act. After that the date matters.

Before 19 July 1948: the migrant must have been ordinarily resident in India since the date of migration.
On or after 19 July 1948: the migrant must have been registered as a citizen by an officer on an application made before commencement. The proviso says no person is registered unless resident in India for at least six months before the application.

Example. Mohan moved from East Bengal to Kolkata in September 1948. He is not an automatic citizen. He needed to apply before 26 January 1950 and be registered, after six months' residence.

Step 3: Article 7, migrants to Pakistan

A person who moved from India to Pakistan after 1 March 1947 is not deemed a citizen. The proviso protects one who came back under a permit for resettlement or permanent return. For Article 6(b), he counts as a migrant after 19 July 1948, so he must be registered.

Step 4: Article 8, people of Indian origin abroad

A person of Indian origin living outside India is deemed a citizen if registered by an Indian diplomatic or consular representative. His ancestry test is that he, a parent or a grandparent was born in India as defined in the 1935 Act.

Example. A person of Indian origin living in Nairobi applied to the Indian High Commission and was registered. He was deemed a citizen under Article 8.

Step 5: Articles 9, 10 and 11

Voluntary acquisition of foreign citizenship takes away citizenship under Articles 5, 6 and 8 (Article 9). Citizens continue as citizens, subject to Parliament's laws (Article 10). Article 11 keeps Parliament free to regulate citizenship by law.

Step 6: the Citizenship Act, 1955

Parliament used Article 11 to make the Citizenship Act, 1955.

Birth (section 3): a person born in India on or after 26 January 1950 and before 1 July 1987 is a citizen. For birth between 1 July 1987 and 3 December 2004, one parent must be a citizen at the time of birth. For birth on or after 3 December 2004, both parents must be citizens, or one a citizen and the other not an illegal migrant.
descent (section 4): a person born outside India to a citizen parent, under the Act's conditions.
Registration (section 5): for example, certain persons of Indian origin and persons married to citizens.
Naturalisation (section 6): a foreigner who meets the residence and other conditions and gets a certificate.
incorporation of territory (section 7): the Central Government specifies who become citizens when territory joins India.
Loss: renunciation by declaration (section 8), termination on voluntary acquisition of foreign citizenship (section 9), and deprive by Central Government order on grounds such as fraud (section 10).

Section 6A was inserted for Assam after the Assam Accord. It covers two groups of migrants who entered Assam: those who came before 1 January 1966, and those who came from 1 January 1966 to 25 March 1971. A five-judge Constitution Bench upheld it by 4:1 on 17 October 2024. The Citizenship (Amendment) Act, 2019 gives a faster route to certain religious communities from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014. Its validity was challenged in the Supreme Court.

Step 7: citizenship and rights

Article 19 is for citizens only. Article 21 protects every person. In Louis De Raedt v. Union of India, the Court held that a foreigner's fundamental right is confined to Article 21. It does not include the right to reside and settle in India under Article 19(1)(e) (para 13). It followed Hans Muller that the Government's power to expel foreigners is absolute and unlimited (para 13).

Don't confuse: citizens and other persons

Provision	Who is protected	Example
Article 14	"any person"	A foreigner can claim equality before the law
Article 15(1), Article 16(1)	"any citizen", "all citizens"	A foreigner cannot claim equal opportunity in public employment
Article 19(1)	"all citizens"	A foreigner has no right to reside and settle (Louis De Raedt)
Article 21	"no person"	A foreigner can claim life and liberty
Article 25(1)	"all persons"	A foreigner can claim freedom of conscience

Inside the concept (citizen). A citizen is stopped from entering a State and says the order breaches Article 19(1)(d), the right to move freely throughout India. The right belongs to him as a citizen.

Just outside it (non-citizen). A Belgian missionary who has lived in India for decades asks the Court to stop his expulsion under Article 19(1)(e). The right belongs only to citizens, so the claim fails.

Common mistakes

Treating Articles 5 to 11 as a permanent citizenship code. They answer only who were citizens at commencement.
Forgetting Article 7's proviso: a returnee is treated as a post-19 July 1948 migrant and must register.
Saying residence in India for decades gives citizenship. Louis De Raedt shows domicile needs intention to settle permanently.
Saying India allows dual citizenship. Article 9 and section 9 of the 1955 Act point the other way.

Apply it

Problem

Gopal moved from East Pakistan to Assam in September 1948 and has lived there ever since. He did not apply for registration before January 1950. He says he is a citizen under Article 6. Is he right?

Issue. Is a migrant on or after 19 July 1948 a citizen without registration?

Rule. Article 6(b)(ii) needs registration by an officer on an application made before commencement, after six months' residence.

Application. Gopal migrated after 19 July 1948 and did not apply before 26 January 1950. He cannot rely on Article 6. His later position depends on the Citizenship Act, 1955.

Conclusion. He is not a citizen under Article 6. He may qualify under the 1955 Act, for example under section 6A, which covers migrants who entered Assam before 25 March 1971.

Leading case laws

Louis De Raedt v. Union of India (1991)
Facts. Louis De Raedt (in India since 1937, Belgian passport) and B.E. Getter (since 1948, American passport) were asked to leave. They claimed citizenship under Article 5(c).

Principle. They had no domicile, because residence alone does not show the intention to settle permanently. A foreigner has Article 21 but not Article 19(1)(e). The power to expel foreigners is absolute.

Why it matters. It is the leading authority on domicile under Article 5 and on the rights of non-citizens.
Kulathil Mammu v. State of Kerala (1966)
Facts. The appellant left India for Pakistan in 1948 as a child and stayed until 1954. The question was whether he had "migrated" under Article 7.

Principle. "Migrated" in Articles 6 and 7 has a wide meaning: going or coming from one place to another, whether or not with the intention of residing there.

Why it matters. Intention to settle is not part of the test for "migrated".

How to write this answer in the exam

5-mark answer

Say Part II fixes citizenship at commencement and Parliament regulates it later (Article 11).
State Article 5 and Article 6 with the date 19 July 1948.
One line each on Articles 7 to 10.
Name the Citizenship Act, 1955.

10-mark answer

Meaning; single citizenship.
Article 5 and domicile; Louis De Raedt.
Articles 6 and 7, with dates.
Articles 8, 9, 10 and 11.
Citizenship Act, 1955: five ways to gain, three to lose.
Section 6A and the 2019 Amendment.
Rights of citizens and non-citizens; conclusion.

Key points to remember

Article 5: domicile plus birth, parent's birth or five years' residence.
Article 6: migrants from Pakistan; the dividing date is 19 July 1948.
Article 7: migrants to Pakistan after 1 March 1947 are not citizens, with a proviso for returnees.
Article 8: persons of Indian origin abroad, registered by consular officers.
Article 9: voluntary foreign citizenship ends citizenship; Article 11: Parliament regulates by law.
Citizenship Act, 1955: sections 3 to 7 gain; sections 8 to 10 loss.
Louis De Raedt (1991): domicile needs intention to settle; foreigners have Article 21 only.

Quick self-test

1. What is the importance of 19 July 1948 in Article 6?

A migrant before that date needs only ordinary residence since migration. A migrant on or after it must have been registered before commencement after six months' residence.

2. What does Article 7 say about a person who went to Pakistan after 1 March 1947?

He is not deemed a citizen. If he returned under a resettlement permit, he is treated as a migrant after 19 July 1948 and must register.

3. Which of Article 19 and Article 21 can a foreigner claim?

Article 21 only. Article 19 is for citizens.