Actual Article
Article 10: Continuance of the rights of citizenship
Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
UPSC Notes for Article 10
Explanation:
- Continuance of Citizenship: Article 10 ensures that anyone recognized as a citizen under the previous articles (Articles 5 to 9) continues to hold Indian citizenship.
- Parliamentary Authority: The continuance of citizenship is subject to any laws made by Parliament, meaning Parliament can legislate further conditions or restrictions.
Key Points:
- Legal Assurance: Provides a legal assurance that citizenship, once granted under the Constitution, continues unless altered by parliamentary law.
- Comprehensive Coverage: Applies to all categories of citizens recognized under Articles 5 to 9, ensuring continuity and stability in citizenship status.
- Legislative Power: Empowers Parliament to create laws that may affect citizenship status, ensuring flexibility to address future needs and circumstances.
Important Cases and Commissions Related to Article 10
Cases:
- Kedarnath vs. State of West Bengal (1953): Highlighted the importance of legislative power in determining citizenship issues, affirming the role of Parliament under Article 10.
- Pradeep Jain vs. Union of India (1984): Indirectly relevant as it dealt with domicile and residency, emphasizing the legislative role in defining and regulating citizenship.
Commissions:
- National Commission on Review of the Working of the Constitution (2002): Reviewed various constitutional provisions, including those related to citizenship, reinforcing the role of Article 10 in maintaining continuity.
Important Reports Related to Article 10
- Report of the Committee on Citizenship Amendment (2003): Discussed amendments and the role of parliamentary legislation in defining and ensuring the continuance of citizenship.
- Second Administrative Reforms Commission Report (2006): Examined governance issues, including citizenship, emphasizing the importance of legislative authority in maintaining citizenship status.
Anything Important Left Related to Article 10
- Stability in Citizenship: Article 10 plays a crucial role in providing stability and continuity to citizenship status, ensuring individuals retain their rights unless modified by law.
- Legislative Flexibility: By allowing Parliament to make laws affecting citizenship, Article 10 ensures the Constitution remains adaptable to changing circumstances and needs.
- Protection of Rights: Ensures that the rights of citizens are protected under the Constitution, subject to lawful regulations, contributing to the overall legal framework of the country.
By understanding Article 10, UPSC aspirants can grasp the constitutional provisions that ensure the continuity of Indian citizenship while allowing for legislative flexibility. This knowledge is crucial for both preliminary and main examinations, offering insights into India’s legal framework for maintaining and regulating citizenship.