Article 10 of the Indian Constitution: Continuance of Citizenship
Introduction
Article 10 of the Indian Constitution deals with the continuance of Indian citizenship for individuals who have already been granted citizenship under the provisions of the Constitution. It ensures that once a person becomes a citizen of India, they continue to be so unless they lose it under any law made by Parliament.
This article provides constitutional protection to citizens and ensures that their citizenship cannot be arbitrarily revoked unless it is done according to legal provisions.
Text of Article 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 continue to be such a citizen, subject to the provisions of any law that may be made by Parliament."
Key Features of Article 10
1. Guarantees Continuance of Citizenship
- Anyone who is a citizen under Article 5 (domicile in India), Article 6 (migrants from Pakistan), Article 7 (returning migrants from Pakistan), or Article 8 (Persons of Indian Origin abroad) will continue to be a citizen unless a law states otherwise.
2. Parliament Has the Power to Regulate Citizenship
- The continuation of citizenship is subject to any laws passed by Parliament, meaning that Parliament can make laws to grant, regulate, or terminate citizenship.
3. No Automatic Cancellation
- Citizenship cannot be taken away arbitrarily or by executive order; it can only be revoked according to the laws framed by the Indian Parliament.
.png "Article 10")
Why Was Article 10 Included in the Constitution?
1. To Provide Stability in Citizenship Laws
- Since India was newly independent in 1950, the framers of the Constitution wanted to ensure that the citizenship status of people would remain stable.
2. To Prevent Arbitrary Revocation
- The government cannot randomly cancel a person’s citizenship. It must follow legal procedures as defined by Parliament.
3. To Allow Future Amendments
- The article allows Parliament to amend citizenship laws as needed, considering changing social, political, and economic conditions.
Comparison With Other Citizenship Articles
| Article | Provision |
|---|---|
| Article 5 | Citizenship for people domiciled in India on January 26, 1950. |
| Article 6 | Citizenship for migrants from Pakistan. |
| Article 7 | Denial of citizenship to people who migrated to Pakistan, unless they returned with a resettlement permit. |
| Article 8 | Citizenship for Persons of Indian Origin (PIOs) living abroad. |
| Article 9 | No dual citizenship—Indians who voluntarily acquire foreign nationality lose Indian citizenship. |
| Article 10 | Continuance of citizenship unless revoked by a law made by Parliament. |
Legal Framework Governing Citizenship in India
The Citizenship Act, 1955, regulates the granting and termination of citizenship in India. It was enacted by Parliament under Article 10’s provisions.
Modes of Acquiring Citizenship Under the Citizenship Act, 1955
- By Birth – A person born in India is an Indian citizen, subject to conditions.
- By Descent – A person born outside India to Indian parents can be an Indian citizen.
- By Registration – Certain categories of people (like overseas Indians) can apply for citizenship.
- By Naturalization – A foreigner can become an Indian citizen if they fulfill specific residency and other conditions.
- By Incorporation of Territory – If a new territory becomes part of India, its people may be granted Indian citizenship.
Loss of Citizenship Under the Citizenship Act, 1955
A person may lose Indian citizenship in three ways:
- Renunciation – If a citizen voluntarily gives up Indian citizenship.
- Termination – If a person voluntarily acquires the citizenship of another country.
- Deprivation – The government can revoke citizenship if it was acquired fraudulently or through illegal means.
Impact of Article 10 on Indian Citizenship
1. Provides Security to Citizens
- Citizens cannot lose their citizenship arbitrarily; the government must follow due legal process.
2. Empowers Parliament to Enact Laws
- Parliament can create or modify citizenship laws as needed.
3. Helps Maintain National Identity
- Citizenship laws help define who is an Indian citizen and who is not, maintaining national identity and security.
Judicial Interpretation of Article 10
Several court cases have clarified the scope of Article 10:
Pradeep Jain v. Union of India (1984)
- The Supreme Court ruled that citizenship is a fundamental aspect of national identity, and its continuation is subject to the laws made by Parliament.
State of Andhra Pradesh v. Abdul Khader (1961)
- The Supreme Court held that citizenship once granted cannot be arbitrarily revoked unless there is a valid legal ground.
Challenges and Issues Related to Article 10
1. Misuse of Citizenship Provisions
- Some individuals misuse provisions to illegally acquire citizenship, which has led to stricter laws and verification procedures.
2. Stateless Persons and Citizenship Issues
- Some people fall into a legal void where they do not qualify for Indian citizenship but also do not belong to any other country.
3. Political and Security Concerns
- Citizenship issues often become politically sensitive, especially in regions with high immigration, such as Assam and West Bengal.
Conclusion
Article 10 of the Indian Constitution plays a crucial role in ensuring citizenship continuity and stability. It protects Indian citizens from arbitrary revocation and empowers Parliament to regulate citizenship laws.
While this article provides security to Indian citizens, issues like illegal immigration, stateless persons, and evolving geopolitical situations continue to make citizenship a complex and dynamic issue. Parliament, through laws like the Citizenship Act, 1955, ensures that citizenship is granted and regulated in a fair and legal manner.
.png)
COMMENTS