Actual Article
Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens
No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State.
UPSC Notes for Article 9
Explanation:
- Voluntary Acquisition: Article 9 states that if an individual voluntarily acquires the citizenship of a foreign country, they will lose their Indian citizenship.
- Impact on Articles 5, 6, and 8: This provision applies regardless of the citizenship rights granted under Articles 5 (citizenship at the commencement of the Constitution), 6 (rights of certain migrants from Pakistan), and 8 (rights of overseas citizens).
Key Points:
- Loss of Citizenship: Indian citizenship is automatically forfeited if a person willingly becomes a citizen of another country.
- Legal Clarity: Provides clear legal guidance on dual citizenship, emphasizing that India does not permit dual citizenship.
- Safeguarding National Integrity: Ensures that individuals with foreign allegiances do not retain Indian citizenship, maintaining the integrity and sovereignty of the nation.
Important Cases and Commissions Related to Article 9
Cases:
- Government of India vs. Manak Chand (1955): Clarified that acquiring foreign citizenship leads to the automatic loss of Indian citizenship under Article 9.
- Abdul Kader vs. Union of India (1964): Discussed the voluntary nature of acquiring foreign citizenship and its impact on Indian citizenship status.
Commissions:
- National Commission on Review of the Working of the Constitution (2002): Examined various aspects of the Constitution, including citizenship provisions and recommended maintaining the current stance on single citizenship.
Important Reports Related to Article 9
- Report of the Committee on Citizenship Amendment (2003): Addressed issues related to citizenship and the implications of acquiring foreign citizenship, emphasizing the principles of Article 9.
- Second Administrative Reforms Commission Report (2006): Included discussions on citizenship and governance, highlighting the importance of clear citizenship laws.
Anything Important Left Related to Article 9
- No Dual Citizenship: Reinforces India’s stance against dual citizenship, ensuring that citizens have undivided loyalty to the country.
- Legal Implications: The automatic loss of citizenship can have significant legal and personal implications for individuals, affecting their rights and privileges in India.
- Policy Consistency: Article 9 ensures consistency in citizenship policy, aligning with the broader legal framework and national interests.
By understanding Article 9, UPSC aspirants can comprehend the stringent measures the Indian Constitution takes to prevent dual citizenship and maintain national integrity. This knowledge is crucial for both preliminary and main examinations, providing insights into India’s citizenship laws and their implications.