Article 11 of the Indian Constitution is a crucial provision within Part I (The Union and its Territory), specifically dealing with citizenship. While Articles 5 to 10 lay down provisions regarding who became a citizen of India at the commencement of the Constitution and certain rights acquired thereafter, Article 11 vests the Parliament of India with the explicit and supreme power to legislate on all matters related to citizenship.
This article serves as the constitutional basis for all laws made by Parliament concerning Indian citizenship, including the acquisition and termination of citizenship and any other related issues not covered by Articles 5 to 10. It ensures that the initial provisions on citizenship are not exhaustive or immutable but can be modified, supplemented, or replaced by parliamentary legislation, thereby providing flexibility to the state in defining its citizenry.
Original Text
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.
Detailed Explanation
Article 11 effectively grants Parliament the exclusive legislative competence over the subject of citizenship in India. The phrase “foregoing provisions of this Part” refers to Articles 5, 6, 7, 8, 9, and 10 of Part I of the Constitution. These articles define different categories of persons who became citizens at the commencement of the Constitution (January 26, 1950) and address issues like the citizenship of migrants from Pakistan, migrants to Pakistan, and persons of Indian origin residing outside India. Article 10 provides for the continuance of citizenship rights subject to any law made by Parliament.
Article 11 clarifies that the rules laid down in Articles 5 to 10 are not the final word on Indian citizenship. It emphatically states that Parliament’s power to make laws regarding citizenship remains unrestricted by these initial articles. This means Parliament can, through legislation, determine how citizenship can be acquired (e.g., by birth, descent, registration, naturalisation), how it can be lost or terminated (e.g., by renunciation, termination, deprivation), and address any other ancillary matters related to citizenship status, rights, and responsibilities. This power was exercised by Parliament when it enacted the Citizenship Act, 1955, which has been subsequently amended numerous times to reflect changes in policy and circumstances.
Detailed Notes
- Part of Part I of the Indian Constitution, which deals with the Union and its Territory, specifically within the section on Citizenship (Articles 5-11).
- Follows Articles 5-10, which define citizenship at the commencement of the Constitution and certain aspects thereafter.
- Confers exclusive legislative power on the Parliament of India.
- The power relates to making any provision with respect to citizenship.
- Specifically covers the acquisition and termination of citizenship.
- Extends to all other matters relating to citizenship.
- Ensures that the provisions in Articles 5 to 10 do not restrict or take away Parliament’s power to legislate on citizenship.
- Makes the rules laid down in Articles 5-10 subject to any law made by Parliament.
- Provides the constitutional basis for the Citizenship Act, 1955.
- Allows Parliament to determine the modes of acquiring citizenship (e.g., birth, descent, registration, naturalisation, incorporation of territory).
- Allows Parliament to determine the modes of losing or terminating citizenship (e.g., renunciation, termination, deprivation).
- Enables Parliament to address issues like Overseas Citizenship of India (OCI) through legislation, although it is not full citizenship.
- Highlights the supremacy of Parliament in defining and regulating the Indian citizenry over time.
- Parliament’s power under Article 11 is subject to other fundamental provisions of the Constitution, including Fundamental Rights.
Additional Comments
- Article 11 serves as a critical bridge between the initial constitutional definition of citizens and the dynamic legislative framework needed to govern citizenship over decades.
- The Citizenship Act, 1955, enacted under the authority of Article 11, has been amended multiple times (e.g., in 1986, 1992, 2003, 2005, 2015, 2019), demonstrating Parliament’s active use of this power to adapt citizenship laws.
- Debates surrounding amendments to the Citizenship Act often relate directly to the scope and exercise of the power granted by Article 11, sometimes raising questions about its limits in relation to fundamental rights like equality (Article 14).
Summary
Article 11 of the Indian Constitution grants Parliament the comprehensive and exclusive authority to legislate on all matters concerning Indian citizenship, including how citizenship is acquired or terminated, thereby overriding the specific provisions of Articles 5 through 10 and establishing the legal framework for citizenship regulation in India, notably through the Citizenship Act, 1955.