Indian Constitution Citizenship: Article 9 Details

The question asks about a specific provision in the Indian Constitution concerning citizenship at the time the Constitution commenced. It focuses on individuals who voluntarily obtained citizenship of another country.

Understanding Citizenship Provisions at Commencement

The Indian Constitution, specifically Part II (Articles 5 to 11), lays down the rules for citizenship. Articles 5, 6, and 8 define who was considered a citizen of India at the commencement of the Constitution (November 26, 1949) based on domicile, migration, and descent/origin from India.

Article 9: Termination Due to Foreign Citizenship

Article 9 directly addresses the scenario mentioned in the question. It states:

"Persons voluntarily acquiring citizenship of a foreign State not to be citizens of India. - No person who has voluntarily acquired the citizenship of any foreign State shall be deemed to be a citizen of India."

This means that if a person, at the commencement of the Constitution, had voluntarily acquired the citizenship of a foreign State, they would not be eligible for citizenship under the provisions of Articles 5, 6, or 8, even if they met the criteria laid out in those articles.

• The key condition is the voluntary acquisition of foreign citizenship.
• This provision specifically applied at the commencement of the Constitution to determine initial citizenship status.

Other Relevant Articles (and why they differ)

Let's look at why the other options are not the correct answer for this specific question:

• Article 10: This article deals with the continuance of the right to citizenship. It states that any person who is a citizen under Article 5, or deemed to be a citizen under Article 6 or 8, shall continue to be such a citizen, subject to the provisions of any law made by Parliament. Article 9 acts as a condition that can prevent someone from being deemed a citizen under Articles 5, 6, or 8 in the first place.
• Article 11: This article clarifies that Parliament has the power to regulate the right of citizenship by law. It does not deal with the specific conditions at the commencement of the Constitution related to acquiring foreign citizenship.
• Article 12: This article defines "the State" for the purpose of Part III (Fundamental Rights) and is unrelated to citizenship provisions.

Therefore, Article 9 is the specific provision that disqualifies individuals from being considered Indian citizens at the commencement of the Constitution if they had voluntarily acquired foreign citizenship.