Part 2 of the Indian Constitution deals with the citizenship of India. It comprises Articles 5 to 11 and outlines the provisions related to acquiring and losing citizenship in the country. The concept of citizenship is fundamental as it defines who is considered a legal member of the Indian state.
Here is a breakdown of the articles in Part 2 along with a brief description of each:
**Article 5**: Citizenship at the commencement of the Constitution:
This article states that any person who was born in India or either of whose parents was born in India, or who has been residing in India for at least five years immediately before the commencement of the Constitution (i.e., January 26, 1950), shall be considered a citizen of India.
**Article 6**: Rights of citizenship of certain persons who have migrated to India from Pakistan:
This article specifies that those who migrated to India from Pakistan after the partition and before July 19, 1948, are eligible for Indian citizenship, subject to certain conditions.
**Article 7**: Rights of citizenship of certain migrants to Pakistan:
This article deals with the rights of those who migrated to Pakistan after the partition and then returned to India, and their eligibility for Indian citizenship.
**Article 8**: Rights of citizenship of certain persons of Indian origin residing outside India:
Article 8 pertains to individuals of Indian origin who are residing outside India and how they can acquire Indian citizenship.
**Article 9**: Persons voluntarily acquiring citizenship of a foreign State not to be citizens:
This article states that if an individual voluntarily acquires citizenship in another country, they will no longer be considered a citizen of India.
**Article 10**: Continuance of the rights of citizenship:
This article ensures that any rights of citizenship granted to individuals under Articles 5 to 8 will continue to be in effect even if the Constitution of India is amended.
**Article 11**: Parliament to regulate the right of citizenship by law:
Article 11 grants the Indian Parliament the authority to enact laws governing the acquisition and termination of citizenship. This means that the Parliament has the power to make laws regarding citizenship matters beyond what is covered in Articles 5 to 10.
Part 2 of the Indian Constitution provides the foundation for citizenship in India. It outlines various scenarios under which individuals can acquire or lose Indian citizenship. These provisions are critical for defining the legal status of individuals within the Indian state and for maintaining the integrity of the country's citizenship framework. Over the years, various amendments and Acts have been introduced to further clarify and modify the citizenship provisions outlined in Part 2 of the Constitution.