Constitutional Provisions of Citizenship in India

Provisions related Citizenship in the constitution were among those few which had been given immediate effect on 26 November 1949. Framing the correct provisions was not an easy task in an environment when millions of people were moving in and out of borders due to partition and when integration of princely states was a work in progress. Due to these, the constitution included only those citizenship related provisions which were urgently needed that time. The articles 5 to 9 were included in the constitution not as a permanent law but something to address the contemporary problems only. These provisions provided that:

• Any person living in India since or before January 26, 1945 was an Indian Citizen.
• Those who came to India from Pakistan before July 19, 1948 would automatically become Indian Citizens.
• Those who came to India from Pakistan after July 19, 1948, would become Indian citizens but they would need to register as prescribed by Indian Government.
• If a person had migrated to Pakistan but then decided to return back and live here in India permanently, would need to get a separate “permit”.
• If a person is living abroad but either he was born in India or his parents / grandparents were born in undivided India, then he can be registered as citizen of India by the diplomatic or consular representatives in that country.

Thus, nature of provisions from Article 5 to 9 show that the objective of the constituent assembly was not to make a permanent law for citizenship. For enacting a detailed law on citizenship, the constitution gave plenary power to the parliament plenary powers via article 10 and 11.