We have read so far that a person might be a citizen of India by virtue of article 5 or deemed to be a citizen of India by virtue of article 6 or 8. Aides, article 7 and article 9 take away the rights of citizenship.
Now, having read all this, one may question the validity of the rights of citizenship. In other words, once citizenship is conferred for how long will it be valid? The answer to this question is given in article 10.
Article 10 : Continuance of the rights of citizenship.
It states that every person who is or deemed to be a citizen of India under any of the foregoing provisions of the Part -II (Article 5, 6 & 8) of the constitution shall continue to be such a citizen, subject to the provisions of any law that may be made by the parliament.
In other words, once a citizen shall always be a citizen unless it is lost under a provision of any law in this regard.
It is important to note that a person can also renounce his citizenship herself/himself upon the registration of such declaration.
We saw that article 10 has already given a glimpse of the power of the parliament to regulate the rights of citizenship by law. Article 11 of the constitution clarifies this power lucidly.
Article 11 : Parliament to regulate the right of citizenship by law.
It states that nothing in Part -II (Article 5 to 11) of the constitution shall restrict the power of the Parliament to make any provision with respect to the following:
Acquisition of citizenship
Termination of citizenship
All other matters relating to citizenship
The Citizenship Act, 1955 draws its constitutional backing from Article 11.
You must have noticed that all the above discussed articles in Part -II (Article 5 to 9) deal with the question of citizenship before the commencement of the constitution. Thus, the importance of the Citizenship Act, 1955 becomes more evident to deal with the problem of the acquisition, termination and all other matters relating to citizenship after the commencement of the constitution.
Moreover, the power to regulate the rights of citizenship by law is exclusively with the Parliament and not with the state legislatures. This is to ensure that there is a uniformity in rights of citizenship across the country.
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PS : The above texts are ‘not the exact texts’ copied from the Constitution of India.They have been modified in simple language for the ease of understanding. Due consideration has been given to ensure that ‘the spirit and the meaning’, as contained in the Constitution, remains the same. Please refer to the Constitution of India for the original texts. Please feel free to point out any discrepancy that comes across you. We shall be happy to modify the same.
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