Article 9 of the Indian Constitution: Persons voluntarily acquiring citizenship of a foreign State

Article 9 of the Indian Constitution: Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

Article 9 of the Indian Constitution deals with the concept of citizenship and its relationship with acquiring foreign citizenship voluntarily. The article states, "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."

The purpose of Article 9 is to establish that if an individual voluntarily acquires the citizenship of a foreign state, they will not be eligible to be a citizen of India under Article 5, nor will they be considered a citizen by virtue of Article 6 or Article 8.

 

Let's break down the different components of this provision:

1. Article 5: Article 5 of the Indian Constitution deals with citizenship at the commencement of the Constitution. It outlines certain conditions under which an individual would be deemed a citizen of India. However, Article 9 states that an individual cannot acquire citizenship under Article 5 if they have voluntarily acquired citizenship of any foreign state.

2. Article 6: Article 6 of the Constitution pertains to the rights of citizenship for individuals who migrated to India from Pakistan after the partition of the country. According to Article 9, if a person falls under the provisions of Article 6 but has voluntarily acquired foreign citizenship, they will not be considered a citizen of India.

3. Article 8: Article 8 of the Constitution relates to individuals of Indian origin who are residing outside India. It provides certain conditions under which such individuals can be eligible for registration as Indian citizens. However, if a person who meets the criteria specified in Article 8 voluntarily acquires citizenship of a foreign state, they will not be considered a citizen of India.

 

In essence, Article 9 ensures that if an individual willingly acquires citizenship of another country, they cannot claim or retain Indian citizenship under the provisions mentioned in Article 5 (citizenship at the commencement of the Constitution), Article 6 (rights of citizenship for migrants from Pakistan), or Article 8 (rights of citizenship for persons of Indian origin residing outside India).

This provision is designed to prevent dual citizenship or conflicting allegiance, as an individual voluntarily acquiring foreign citizenship may have legal obligations and responsibilities towards their new country, which may be incompatible with the duties and obligations of Indian citizenship.

It is important to note that this provision does not automatically result in the loss of Indian citizenship for individuals who acquire foreign citizenship. The Citizenship Act of 1955 provides additional details and procedures regarding the acquisition and loss of Indian citizenship. It is advisable to refer to the relevant sections of the Citizenship Act and consult legal experts for specific cases or legal interpretations.

Please note that the information provided here is a general explanation of Article 9, and for detailed legal advice or specific cases, it is recommended to consult legal professionals well-versed in Indian citizenship laws and regulations.

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