INTRODUCTION

The constitution of India is the supreme law of India .

The document lays down the framework that demarcates fundamental political
code, structure, procedures, powers, and duties of government institutions and
sets out fundamental rights, directive principles, and the duties of citizens. It is
the longest written constitution of any country. It was adopted by the Constituent
Assembly of India on 26 November 1949 and became effective on 26 January
1950. The constitution replaced the Government of India Act 1935 as the
country's fundamental governing document, and the Dominion of India became
the Republic of India. To ensure constitutional autochthony, its framers repealed
prior acts of the British parliament in Article 395. India celebrates its constitution
on 26 January as Republic Day. The constitution declares India a sovereign,
socialist, secular, and democratic republic, assures its citizens justice, equality
and liberty, and endeavours to promote fraternity.The original 1950 constitution
is preserved in a helium-filled case at the Parliament House in New Delhi. The
words "secular" and "socialist" were added to the preamble in 1976 during the
Emergency.

The Constitution of India provides for a single citizenship for the whole of India.
Every person who was at the commencement of the Constitution (26 January
1950) domiciled in the territory of India, and (a) who was born in India, or (b)
either of whose parents was born in India, or (c) who has been ordinarily resident
in India for not less than five years, became a citizen of India. The Citizenship
Act, 1955 deals with matters relating to acquisition, determination and
termination of Indian citizenship after the commencement of the Constitution.

Like any other modern state, India has two kinds of people–citizens and aliens.
Citizens are full members of the Indian State and owe allegiance to it. They
enjoy all civil and political rights. Aliens, on the other hand, are the citizens of
some other state and hence, do not enjoy all the civil and political rights. They
are of two categories–friendly aliens or enemy aliens.

5. Citizenship at the commencement of the Constitution.

6. Rights of citizenship of certain persons who have migrated to India from

Pakistan.

7. Rights of citizenship of certain migrants to Pakistan.

8. Rights of citizenship of certain persons of Indian origin residing outside India.

9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

10. Continuance of the rights of citizenship.

11. Parliament to regulate the right of citizenship by law.

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— (a) who was born in the territory of India; or (b) either
of whose parents was born in the territory of India; or (c) 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.

The article 5 states the definition of the citizen of india . it states that any person
born in india or whose parents are born in india or who has been the resident of
india for not less than 5 years should be considered as the citizen of india.

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— (a) 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 (b) (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 therefor 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.

This article laid down principles of citizenship with regards to persons who
migrated from Pakistan to India during partition. Some members proposed to add
‘on account of Civil disturbance or the fear of such disturbances’ in the first
clause. It was argued that the inclusion of this phrase would articulate and make
explicit the real intention behind this provision which was to facilitate migration
from Pakistan in the wake of civil disturbance or fear of it. Another member
wanted make it compulsory to provide evidence to prove right by descent and
intention to permanently reside in India. He argued that Indian citizenship must
be regarded as a matter of great privilege, and not a cheap or easy affair.

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.
Some members thought that this article was ‘obnoxious’ because once persons
migrate from India to Pakistan they would have ‘transferred their loyalty’ to
another country. The permit system treats these persons favourably and makes it
easier to obtain Indian citizenship. Instead, it was argued that migrants from
Pakistan should be treated like other foreigners and they could acquire citizenship
from naturalization. However, others responded to this argument by pointing out
that permits would not be issued in a lackadaisical manner. Further, the members
of the Drafting Committee reminded the Assembly that the Indian government
had promised rehabilitation and resettlement measures for migrants from
Pakistan and put in place a permit system for citizenship claims. Going back on
these words would be ‘invidious’ and cause ‘grossest injustice’.

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 grandparents 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.
It regulated citizenship rights of Indian origin persons residing outside India. A
member believed that the article provided unfair special treatment to Indians
abroad who are seeking Indian citizenship: as it allows for application and
registration even after the commencement of the Constitution. However, the
previous article, which grants citizenship to persons who have migrated from
Pakistan, did not receive a similar prospective application. The Assembly
adopted the Article without amendments on 12 August 1949.

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.

It was not initially a separate Article, and instead was debated as a proviso to
Draft Article 5 (Article 5) of the Constitution. During the revision stages, the
Drafting Committee decided that that bar on dual citizenship must be a general
principle and not be restricted to conditions under Article 5. During the
Constituent Assembly debates, one member argued in favour of dual citizenship.
He noted that it should be limited to countries which extend the same to Indians.
However, the Assembly voted against this proposal without debate.

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.

This Draft Article clarified that people declared as citizens under the preceding
citizenship articles continued to be so subject to any law made by the Parliament.
While there were no substantive discussions around this Article, one member
moved a motion to delete this article as he believed that it was unnecessary and
redundant, and that Draft Article 6 (Article 11) was sufficient for these purposes.
The Chairman of the Drafting Committee reiterated that the Articles on
citizenship were temporary in nature; it was to be left to the future Parliament to
enact a comprehensive citizenship code. The Assembly adopted this article
without any amendments on 12 August 1949.
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 Chairman of the Drafting Committee introduced this Draft Article. He stated
that the Assembly was not tasked with making a permanent citizenship law,
instead it aimed to settle key principles that would govern citizenship at the time
of commencement of the Constitution. The future Parliament, he continued, had
the prerogative to make a comprehensive citizenship code. He further clarified
that the Parliament was not bound by the preceding articles, and could further
restrict or regulate citizenship. One member was not convinced. He did not want
the Parliament’s power to legislate on citizenship to be unfettered. He proposed
to add a qualifier: Parliament should not be allowed to grant equal citizenship
rights to nationals of a foreign country which denies equal treatment to Indians.
The Assembly did not accept any amendments and adopted Draft Article 6 as
introduced by the Drafting Committee on 12th August 1949.