Actual Article
Article 11: Parliament to regulate the right of citizenship by law
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.
UPSC Notes for Article 11
Explanation:
- Parliamentary Authority: Article 11 explicitly grants Parliament the power to legislate on matters of citizenship, including acquisition, termination, and other related issues.
- Supremacy of Law: This article ensures that the provisions regarding citizenship in the Constitution do not limit Parliament’s authority to enact laws governing citizenship.
Key Points:
- Broad Legislative Power: Empowers Parliament to create comprehensive laws governing all aspects of citizenship, ensuring flexibility and responsiveness to changing circumstances.
- Constitutional Framework: Provides a constitutional basis for the Citizenship Act, 1955, and subsequent amendments and laws related to citizenship.
- Ensuring Adaptability: Allows the legal framework for citizenship to evolve over time through parliamentary legislation, rather than being fixed in the Constitution.
Important Cases and Commissions Related to Article 11
Cases:
- Sarbananda Sonowal vs. Union of India (2005): Discussed the validity and application of the Citizenship Act and other laws enacted by Parliament under Article 11.
- M. S. M. Sharma vs. Sinha (1959): Examined the scope of parliamentary powers, affirming the authority granted by Article 11 to legislate on citizenship matters.
Commissions:
- L. M. Singhvi Committee (1983-84): Reviewed issues concerning citizenship laws and recommended legislative measures, reflecting the powers provided by Article 11.
- National Commission on Review of the Working of the Constitution (2002): Analyzed the adequacy of citizenship laws and the role of Parliament in their formulation, emphasizing the importance of Article 11.
Important Reports Related to Article 11
- Report of the Committee on Citizenship Amendment (2003): Examined various aspects of citizenship laws and recommended changes, underscoring Parliament’s authority under Article 11.
- Second Administrative Reforms Commission Report (2006): Considered the legal framework for citizenship, highlighting the legislative powers of Parliament under Article 11 to address contemporary issues.
Anything Important Left Related to Article 11
- Legislative Flexibility: Article 11 ensures that the citizenship laws can be amended or updated as necessary to respond to new challenges and circumstances, providing adaptability.
- Comprehensive Regulation: Allows Parliament to address all facets of citizenship comprehensively, from acquisition to termination, ensuring thorough regulatory control.
- Citizenship Act, 1955: The primary legislation governing Indian citizenship, enacted under the authority of Article 11, detailing the processes and conditions for acquiring and losing citizenship.
By understanding Article 11, UPSC aspirants can gain insights into the constitutional provision that grants Parliament the authority to regulate citizenship laws comprehensively. This knowledge is essential for both preliminary and main examinations, offering a detailed view of India’s legal framework for citizenship and the legislative processes involved.