Article 10: Continuance of the Rights of Citizenship

Overview of Article 10 of the Indian Constitution on Continuance 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.

Explanation

Article 10 ensures that individuals who hold or are deemed to hold Indian citizenship under preceding provisions continue to do so. However, it also allows Parliament the authority to create laws that may alter or define the qualifications for citizenship, reflecting the need for adaptability in India's citizenship laws.

Retention of Citizenship

Individuals who are recognized as Indian citizens through birth, descent, registration, or naturalization retain their citizenship under Article 10. Their rights as citizens continue unless otherwise specified by Parliament.

Parliament's Authority to Modify Citizenship

While Article 10 guarantees continuity, it grants Parliament the power to legislate on matters of citizenship, allowing for the development of laws that can redefine citizenship rights, duties, and eligibility as necessary.

Legal Amendments and Real-Life Implications

For instance, the Citizenship (Amendment) Act, 2019, introduced conditions impacting the acquisition and retention of citizenship. Through laws like this, Parliament can shape the qualifications for citizenship to meet the needs of a changing society.

Real-Life Example: A person born in India before 1950 would continue to be an Indian citizen under Article 10, but future legislation could affect their status depending on the conditions defined by Parliament.

Frequently Asked Questions (FAQs):

What does Article 10 of the Constitution of India state?

Article 10 ensures that individuals who hold or are deemed to hold Indian citizenship continue as citizens, subject to future legislation by Parliament.

Can Parliament alter citizenship status under Article 10?

Yes, while Article 10 provides for continuity, it allows Parliament to enact laws that could modify or define the qualifications for citizenship.

How does Article 10 impact citizenship acquired through previous provisions?

Citizenship acquired under Articles 5 through 9 remains valid under Article 10, subject to any legal changes Parliament may establish in the future.