Article 11 of the Indian Constitution: Power of Parliament to Regulate Citizenship
Introduction
Article 11 of the Indian Constitution empowers the Parliament of India to make laws regarding citizenship, including its acquisition, termination, and other related matters. This article grants Parliament the authority to define and regulate citizenship through legislation without requiring a constitutional amendment.
Unlike Articles 5 to 10, which define who is an Indian citizen at the commencement of the Constitution, Article 11 ensures that Parliament has full control over citizenship laws in the future.
Text of Article 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."
Key Features of Article 11
1. Absolute Power to Parliament
- Parliament has the sole authority to make, modify, or repeal laws related to citizenship.
- No state government or other authority has the power to alter citizenship laws.
2. Citizenship Can Be Changed by Law
- Parliament can grant, revoke, or modify citizenship through ordinary laws instead of requiring a constitutional amendment.
3. No Constitutional Restrictions
- Even though Articles 5 to 10 define citizenship at the time of independence, Article 11 overrides them by allowing Parliament to make new laws as needed.
4. Legal Framework for Citizenship
- Based on this power, Parliament enacted the Citizenship Act, 1955, which outlines how individuals can acquire or lose Indian citizenship.
Why Was Article 11 Included?
1. Need for a Flexible Citizenship Law
- The framers of the Constitution understood that citizenship laws might need changes over time due to migration, international relations, and political changes.
2. Avoiding Constitutional Amendments
- If citizenship laws were fixed in the Constitution, any modification would require a constitutional amendment, which is a lengthy process.
- Article 11 allows easy updates through ordinary legislation by Parliament.
3. Managing Post-Independence Migration Issues
- After India's independence, millions of people migrated between India and Pakistan. A flexible legal framework was needed to handle such complex situations.
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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. |
| Article 11 | Parliament has full power to regulate citizenship through laws. |
Citizenship Act, 1955: A Law Based on Article 11
Using the powers granted by Article 11, Parliament enacted the Citizenship Act, 1955, which governs the rules for acquiring and losing citizenship.
Modes of Acquiring Citizenship Under the Citizenship Act, 1955
- By Birth – Anyone born in India is an Indian citizen, subject to conditions.
- By Descent – A person born outside India to Indian parents may be an Indian citizen.
- By Registration – Certain categories of people, such as Overseas Indians, can apply for citizenship.
- By Naturalization – A foreigner can become an Indian citizen if they meet residency and other conditions.
- By Incorporation of Territory – If a new territory becomes part of India, its residents may be granted citizenship.
Modes of Losing Citizenship Under the Citizenship Act, 1955
A person may lose Indian citizenship in three ways:
- Renunciation – Voluntarily giving up Indian citizenship.
- Termination – Citizenship automatically ends if a person acquires another country’s citizenship.
- Deprivation – Citizenship can be revoked if obtained fraudulently or through illegal means.
Judicial Interpretation of Article 11
1. Izhar Ahmad Khan v. Union of India (1962)
- The Supreme Court ruled that Parliament has absolute power over citizenship matters, and courts cannot interfere with valid laws passed under Article 11.
2. Bhagwati Prasad Dixit v. Rajeev Gandhi (1986)
- The Supreme Court clarified that citizenship is a legal status, and Parliament has the right to modify or define it as per national interest.
Challenges and Issues Related to Article 11
1. Illegal Migration and Citizenship Issues
- The influx of illegal immigrants, especially from Bangladesh and Myanmar, has created political and legal controversies over citizenship.
- Example: The National Register of Citizens (NRC) in Assam was implemented to identify illegal immigrants.
2. Dual Citizenship Debate
- Article 11 prevents dual citizenship, which some NRIs and overseas Indians demand.
- The Indian government instead offers the Overseas Citizen of India (OCI) card, which provides limited benefits.
3. Citizenship Amendment Act (CAA), 2019
- The Citizenship Amendment Act, 2019 (CAA) granted fast-track citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014.
- This law was passed under Article 11’s provisions and led to widespread debates and protests.
Impact of Article 11 on Indian Citizenship
1. Ensures Flexibility in Citizenship Laws
- Parliament can easily modify citizenship laws based on national needs.
2. Avoids the Need for Constitutional Amendments
- Changes in citizenship policies do not require complex amendments to the Constitution.
3. Helps in Managing Immigration and National Security
- Laws passed under Article 11 help in regulating migrants, refugees, and foreign nationals.
4. Facilitates International Relations
- India can modify citizenship laws based on global developments, such as treaties, trade agreements, and diplomatic relations.
Conclusion
Article 11 of the Indian Constitution plays a crucial role in defining and regulating citizenship. It empowers Parliament to make and amend laws related to citizenship without requiring constitutional amendments.
Through Article 11, Parliament enacted the Citizenship Act, 1955, which lays down rules for granting and revoking citizenship. While this power ensures flexibility, it also brings challenges, such as illegal immigration, national security concerns, and debates on dual citizenship.
As India's demographic and geopolitical situation evolves, Parliament will continue to use Article 11 to shape India’s citizenship policies to balance national interest and humanitarian concerns.
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