CITIZENSHIP (ARTICLE-5 to 11)

Introduction

There is only single citizenship in India, viz Indian citizenship. Citizenship is a political relationship between resident and state a citizen is a member of a political community who enjoys the rights and duties of membership. Article 5-11 in the constitution lay down as to who are the citizens of India at the commencement of the constitution, i.e. 26 January 1950. Article 5 to 10 have become of historical interest and article 11 remains relevant for the future. Citizens have the right to hold certain high offices such as those of President, Vice- President, Governor of a state, judge of Supreme Court or High Court, or of the Attorney General and the Advocate General. The right vote in elections to the Union or State Legislatures or to become their member is confined only to citizens.


State trading corp. of India ltd. V. Cto
Citizenship defined in this Part inheres only in natural persons and not in juristic persons, like corporations.
These citizens have been classified into:
(1) citizens by domicile
(2) citizens by migration, and
(3) citizens by registration


Article 5 – Citizen by domicile

For citizenship of India under article 5 these two conditions must be fulfilled:

(1) should have a domicile in India:

From the case of Mohammad Raza v. State of Bombay and Pradeep Jain v. UOI
Domicile means an intention to make a permanent home or intention to reside forever in a country where one has taken up his residence is an essential constituent element for the existence of domicile in the country. Domicile is not the same thing as a residence. Residence implies a purely physical fact, the fact of just being living in a particular place. But domicile is not the only residence, but it is also residence coupled with the intention to live indefinitely in the place. There are two kinds of domicile (a) domicile of origin and (b) domicile of choice.
Every person born with a domicile of origin. It is domicile received by his birth. Domicile is a concept of law and clings to man till he abandons it.


(2) Fulfilling any of the following conditions:

(a) He is born in India
(b) Any of his parents are born in India
(c) Residing in India for 5 years immediately before 26.01.1950

Cases-

D P Joshi v State of Madhya Bharat
There is only one domicile in India that is the domicile of India.

Pradeep Jain v. Union of India
In this case, it was held that the word ‘domicile’ was used to convey the idea of an intention to reside permanently or indefinitely.


Article 6 – Person who migrated from Pakistan to India

After the partition of India many peoples come from Pakistan to India before 19.07.1948 and after 19.07.1948 (19.07.1948 date is taken because on this day permit system is introduced and after this permit system any people can move from Pakistan to India and India to Pakistan.)

(1) Before 19.07.1948
Any person who migrated from Pakistan to India must fulfil these two conditions for Indian citizenship: –
(a) He/ either his parents/ any of his grandparents were born in India
(b) He should have a residence in India since the date of his migration


(2) After 19.07.1948
Any person who migrated from Pakistan to India must fulfil these five conditions for Indian citizenship: –
(a) He/ either of his parents/ any of his grandparents was born in India
(b) He had returned to India under a permit for resettlement
(c) He had resided in India after re-migration for at least 6 months
(d) He had submitted an application for registration to the officer
(e) He has been registered as a citizen by such officer


Article7 – Citizenship of person who migrated from India to Pakistan

Article 7 overrides Article 5 and 6.

(1) Any person who migrated from India to Pakistan after 1st March 1947
They are not called to be Indian citizen either Article 5,6 permits them to be Indian citizen they are not called to be an Indian citizen.

(2) Any person who migrated from India to Pakistan after 1st March 1947 but after this migration, they migrated back to India and they must fulfil these following conditions.
(a) He/ either of his parents/ any of his grandparents was born in India
(b) He had returned to India under a permit for resettlement (means you return to India for permanently)
(c) He had resided in India after re-migration for at least 6 months
(d) He had submitted an application for registration to the officer
(e) He has been registered as a citizen by such officer


Cases-

State of Bihar v Kumar Amar Singh
A lady went to Karachi in July 1948, leaving her husband in India. She returned to India in December 1948, after obtaining a temporary permit, stating in her application for the said permit that she was domiciled in Pakistan and she was a Pakistani national. On the expiry of that temporary permit, she went back to Pakistan in April 1949. She made an attempt to obtain a permit for permanent settlement in India. It was held that there could be no doubt that lady must be held to have migrated from the territory of India after 1 March 1947, although her husband stayed in India.


Article 8- Citizenship of persons of India origin residing outside India

Any person of Indian Origin residing outside India must fulfil these two conditions for Indian citizenship: –
(1) He/ Parents/ Grandparents born in undivided India (undivided India means British India)
(2) Any person who is residing in any country outside India shall be deemed to be a citizen of India if he has registered as a citizen of India by the diplomatic/ consular representative of India in the country where he is for the time being residing on an application made by him to such diplomatic or consular representative.


Article 9- Not deemed to be a citizen

Before commencement of Indian constitution (26.01.1950) any person voluntary acquired foreign citizenship then that person cannot demand Indian citizenship under Article 5,6,8.

Article 10 – Continuance of citizenship

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions (Article- 5,6,7,8,9) 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

After the commencement of the constitution, Parliament has the power to make laws on citizenship. Parliament has power to the acquisition and termination of citizenship and all other matters relating to citizenship in the foregoing provisions.

Vaibhav Sanchar

Central University of South Bihar

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