Home The Constitution Part II

Part II: Citizenship

Articles 5–11 · Part II deals only with who was a citizen of India the moment the Constitution commenced on 26 January 1950 — it isn't an ongoing citizenship code. Article 11 hands that entire job to Parliament, which used it to pass the Citizenship Act, 1955, and has amended it several times since.

Key Articles

The provisions in this Part cited most often

With landmark Supreme Court cases that shaped how they're actually applied.

Art. 9

Voluntarily acquiring foreign citizenship ends Indian citizenship

India does not recognise dual citizenship in the full legal sense — the moment you voluntarily take another country's citizenship, your Indian citizenship ends automatically, by operation of this Article.

Art. 11

Parliament's power to regulate citizenship by law

This single Article is the constitutional foundation for the entire Citizenship Act, 1955 and every amendment to it — acquisition by birth, descent, registration, naturalisation, and termination are all creatures of that Act, not the Constitution itself.

Every Article In This Part

All of Articles 5–11

Grouped by subject so related provisions stay together — every article number in this Part is covered below.

Art. 5

Citizenship at the commencement of the Constitution

Anyone domiciled in India with birth, parentage, or 5+ years of ordinary residence in Indian territory became a citizen on 26 January 1950.

Art. 6

Rights of citizenship of certain persons who migrated from Pakistan

Special rules for people who migrated from Pakistan before or after 19 July 1948, based on registration and residence requirements.

Art. 7

Rights of citizenship of certain migrants to Pakistan

Persons who migrated to Pakistan after 1 March 1947 generally ceased to be Indian citizens, subject to a narrow return/resettlement permit exception.

Art. 8

Citizenship of certain persons of Indian origin residing outside India

Persons of Indian-origin parentage living outside India could register as citizens with an Indian diplomatic mission.

Art. 9

Persons voluntarily acquiring foreign citizenship not to be citizens

Voluntarily acquiring another country's citizenship automatically ends Indian citizenship.

Art. 10

Continuance of the rights of citizenship

Citizenship recognised under this Part continues, subject to any law Parliament makes.

Art. 11

Parliament to regulate the right of citizenship by law

Gives Parliament full power to legislate on acquisition and termination of citizenship — the basis of the Citizenship Act, 1955.

See This In Practice

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Frequently Asked

Quick answers about this Part

Does India allow dual citizenship?

Not in the full legal sense — Article 9 ends Indian citizenship the moment you voluntarily acquire another country's citizenship. The Overseas Citizen of India (OCI) card is a long-term visa-like status with many benefits, not dual citizenship.

Is the Citizenship Act, 1955 part of this section of the Constitution?

No — Part II only fixed citizenship at the moment the Constitution commenced. Every citizenship rule since then (by birth, descent, registration, naturalisation) comes from the Citizenship Act, 1955, passed under Article 11's authority, and its later amendments.

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This is a plain-language guide to Part II of the Constitution of India for general educational purposes, not a substitute for the bare text of the Constitution or professional legal advice. Article numbering and content reflect amendments up to 2026; always cross-check the authoritative text at india.gov.in or legislative.gov.in before relying on it for a legal matter.