Article 10 of the Costitution of India with Case law
Article 10 of the Constitution of India – Citizenship
Text of 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.
Explanation:
Article 10 is part of Part II of the Constitution of India, which deals with Citizenship (Articles 5 to 11).
This article guarantees the continuance of citizenship to those who are already citizens under Articles 5 to 9.
However, this continuance is subject to any law made by Parliament, meaning that Parliament has the power to regulate or terminate citizenship rights by enacting a law.
It emphasizes Parliament’s supremacy in matters related to citizenship after the commencement of the Constitution.
Key Points:
Automatic Continuance: No separate procedure is needed for continuation of citizenship.
Subject to Law: Citizenship can be regulated, modified, or terminated through legislation like the Citizenship Act, 1955.
Not a Fundamental Right: Citizenship under Article 10 is a legal status, not a fundamental right.
Important Case Law on Article 10:
🔹 State of Madhya Pradesh v. Peer Mohd. (1963 AIR 645)
Issue: Whether a person who came to India during Partition and later returned to Pakistan could retain Indian citizenship.
Judgment: The Supreme Court held that once a person voluntarily acquires Pakistani citizenship, he ceases to be an Indian citizen, even if he was an Indian citizen under Article 5.
Relevance to Article 10: The case clarified that Parliament’s law (Citizenship Act, 1955) overrides Article 10. Hence, continuance of citizenship is not absolute.
🔹 Izhar Ahmad Khan v. Union of India (AIR 1962 SC 1052)
The petitioners challenged the termination of citizenship under the Citizenship Act.
The Court held that Article 10 does not give an absolute or perpetual right to citizenship. It is conditional and subject to Parliament's legislative power under Article 11.
This case reinforced the principle that citizenship can be lost as per procedures established by law.
Conclusion:
Article 10 ensures that individuals who are Indian citizens at the commencement of the Constitution or under Articles 5 to 9 will continue to be citizens. However, this continuance is not permanent or unchallengeable; it can be altered or terminated through laws enacted by Parliament. The Citizenship Act, 1955 is the principal law governing this area today.
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