Indian constitution | Page 8

who has been ordinarily resident in the territory
of India for not less than five years immediately
preceding such commencement,
shall be a citizen of India.
6. Notwithstanding anything in article 5, a person
who has migrated to the territory of India from the
territory now included in Pakistan shall be deemed to be
a citizen of India at the commencement of this
Constitution if—
(a) he or either of his parents or any of his
grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted);
and
(b) (i) in the case where such person has so
migrated before the nineteenth day of July, 1948, he
has been ordinarily resident in the territory of India
since the date of his migration, or
(ii) in the case where such person has so migrated
on or after the nineteenth day of July, 1948, he has
been registered as a citizen of India by an officer
appointed in that behalf by the Government of the
Dominion of India on an application made by him
therefor to such officer before the commencement of
this Constitution in the form and manner prescribed
by that Government:
Provided that no person shall be so registered unless
he has been resident in the territory of India for at least
six months immediately preceding the date of his
application.Citizenship at the
commencement of
the Constitution.
Rights of
citizenship of
certain persons
who have migrated
to India from
Pakistan.
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7. Notwithstanding anything in articles 5 and 6, a
person who has after the first day of March, 1947,
migrated from the territory of India to the territory now
included in Pakistan shall not be deemed to be a citizen
of India:
Provided that nothing in this article shall apply to a
person who, after having so migrated to the territory now
included in Pakistan, has returned to the territory of India
under a permit for resettlement or permanent return issued
by or under the authority of any law and every such
person shall for the purposes of clause (b) of article 6 be
deemed to have migrated to the territory of India after the
nineteenth day of July, 1948.
8. Notwithstanding anything in article 5, any person
who or either of whose parents or any of whose
grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted),
and who is ordinarily residing in any country outside
India as so defined shall be deemed to be a citizen of
India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the
country where he is for the time being residing on an
application made by him therefor to such diplomatic or
consular representative, whether before or after the
commencement of this Constitution, in the form and
manner prescribed by the Government of the Dominion of
India or the Government of India.
9. 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.
10. 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.
11. Nothing in the foregoing provisions of this Part
shall derogate from the power of Parliament to make
any provision with respect to the acquisition and
termination of citizenship and all other matters relating
to citizenship.
THE CONSTITUTION OF INDIA
(Part II.—Citizenship.—Arts. 7—11.)
Rights of
citizenship of
certain persons of
Indian origin
residing outside
India.
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Rights of
citizenship of
certain migrants to
Pakistan.
Persons voluntarily
acquiring
citizenship of a
foreign State not to
be citizens.
Continuance of the
rights of
citizenship.
Parliament to
regulate the right
of citizenship by
law.

PART III
FUNDAMENTAL RIGHTS
General
12. In this Part, unless the context otherwise requires,
“the State’’ includes the Government and Parliament of
India and the Government and the Legislature of each of
the States and all local or other authorities within the
territory of India or under the control of the Government
of India.
13. (1) All laws in force in the territory of India
immediately before the commencement of this Constitution,
in so far as they are inconsistent with the provisions of this
Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away
or abridges the rights conferred by this Part and any law
made in contravention of this clause shall, to the extent of
the contravention, be void.
(3) In this article, unless the context otherwise
requires,—
(a) “law” includes any Ordinance, order, bye-law,
rule, regulation, notification, custom or usage having
in the territory of India the force of law;
(b) “laws in force” includes laws passed or made by
a Legislature or other competent authority in the
territory of India before the commencement of this
Constitution and not previously repealed,
notwithstanding that any such law or any part thereof
may not be then in operation either at all or in
particular areas.
1[(4) Nothing in this article shall apply to any
amendment of this Constitution made under article 368.]
Right to Equality
14. The State shall not deny to any person equality
before the law or the equal protection of the laws within the
territory of India.
Definition.
Laws inconsistent
with or in
derogation of the
fundamental rights.
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Equality