Article 9 of the Costitution of India with Case law
Article 9 of the Constitution of India falls under Part II (Citizenship) and is related to the loss of Indian citizenship when acquiring foreign nationality.
๐น Text of Article 9 โ Constitution of India:
"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."
๐ Explanation:
Article 9 states that if a person has voluntarily acquired citizenship of another country before the commencement of the Constitution, they will not be considered an Indian citizen under Article 5 (general citizenship at commencement), Article 6 (migrants from Pakistan), or Article 8 (Indians abroad).
The principle was included to avoid dual citizenship. India does not allow dual citizenship in the conventional sense.
๐ Key Elements:
Voluntary Acquisition โ The loss of Indian citizenship occurs only when foreign citizenship is acquired voluntarily.
Timeframe โ Article 9 applies at the time of commencement of the Constitution (26 January 1950).
Impact โ It negates the application of Articles 5 to 8 if the person has taken another countryโs citizenship.
โ๏ธ Important Case Law:
1. Izhar Ahmad Khan v. Union of India (AIR 1962 SC 1052)
Facts: Petitioners, who were residing in Pakistan, returned to India and claimed Indian citizenship under Article 6.
Issue: Whether they lost Indian citizenship due to acquiring Pakistani citizenship.
Held: The Supreme Court held that voluntary acquisition of Pakistani citizenship disentitles a person from Indian citizenship under Articles 5 to 8, as per Article 9.
2. State of Andhra Pradesh v. Abdul Khader (AIR 1961 SC 1467)
The Supreme Court interpreted Article 9 to mean that a person who acquires foreign citizenship voluntarily cannot claim Indian citizenship even if they originally qualified under Article 5 or 6.
3. Mohammad Ayub Khan v. Commissioner of Police (AIR 1965 SC 1623)
It was held that citizenship depends not only on acquisition but also on voluntariness. The burden of proof is on the person who claims Indian citizenship.
๐งพ Related Law:
Citizenship Act, 1955: This legislation further regulates how citizenship is acquired, renounced, or terminated after the commencement of the Constitution.
Section 9 of the Citizenship Act echoes Article 9 โ acquisition of foreign citizenship results in loss of Indian citizenship.
โ Summary:
| Aspect | Details |
|---|---|
| Article | Article 9 |
| Subject | Loss of Indian citizenship if foreign citizenship is acquired |
| Key Condition | Voluntary acquisition of foreign citizenship |
| Effect | Cannot claim Indian citizenship under Articles 5, 6, or 8 |
| Key Case | Izhar Ahmad Khan v. Union of India |
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