Article 10

Article 10 of the Constitution of India ensures the continuity and stability of citizenship for individuals recognised as citizens under the preceding constitutional provisions. It acts as a safeguard against arbitrary deprivation of citizenship, maintaining that once a person has been granted or deemed to hold Indian citizenship, they shall continue to be so unless Parliament, through legislation, provides otherwise.

Constitutional Context and Purpose

The citizenship provisions of the Indian Constitution are contained in Part II (Articles 5 to 11). These articles collectively define the legal status of citizenship at the commencement of the Constitution and outline the framework for its continuation, acquisition, or loss.
Article 10 reads:“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 a citizen.”
This article thus performs a bridging function. While Articles 5 to 9 define who qualifies as a citizen at the time of the Constitution’s commencement, Article 10 ensures that their citizenship continues unaffected unless altered by an act of Parliament. It reinforces the principle that the rights of citizenship cannot be changed by executive action alone but only through a legislative process.

Relationship with Other Citizenship Articles

Article 10 operates in close conjunction with other constitutional provisions related to citizenship:

• Article 5: Defines citizenship for persons domiciled in India at the commencement of the Constitution.
• Article 6: Deals with citizenship for persons migrating from Pakistan to India.
• Article 7: Addresses the rights of citizenship for those who migrated from India to Pakistan but later returned.
• Article 8: Concerns persons of Indian origin residing outside India.
• Article 9: Specifies that individuals who voluntarily acquire foreign citizenship shall cease to be Indian citizens.

Together, these provisions ensure both the identification and preservation of Indian citizenship within a clear constitutional framework.

Legislative Authority of Parliament

The Constitution vests exclusive power in Parliament to make laws regarding citizenship. Under Article 11, Parliament may regulate the acquisition, termination, and related aspects of citizenship. Article 10 explicitly acknowledges this authority by subjecting the continuance of citizenship to parliamentary law.
The Citizenship Act, 1955 is the principal legislation enacted under this authority. It prescribes the procedures for acquiring, losing, or renouncing citizenship. Amendments to this Act over the years—such as those in 1986, 1992, 2003, and 2019—reflect evolving national policies and responses to demographic and political changes.

Judicial Interpretation and Key Case Laws

The judiciary has interpreted Article 10 as an assurance of legal continuity and protection of citizenship rights, subject to the supremacy of law. While Article 10 itself has rarely been the direct subject of litigation, several landmark cases have elucidated its implications in the broader context of constitutional rights and citizenship.

• Keshavananda Bharati v. State of Kerala (1973) – Established the Basic Structure Doctrine, affirming that essential features of the Constitution, including rights flowing from citizenship, cannot be abrogated through constitutional amendments.
• Indira Gandhi v. Raj Narain (1975) – Discussed citizenship in connection with electoral rights, affirming that democratic participation derives from one’s status as a citizen.
• Maneka Gandhi v. Union of India (1978) – Expanded the interpretation of Article 21, establishing that laws affecting citizenship or personal liberty must comply with the principles of natural justice and fairness.
• Union of India v. A. K. Gopalan (1950) – Examined the interplay between personal liberty and citizenship, highlighting the constitutional limits on state power to restrict or alter such rights.

Through these rulings, the Supreme Court has consistently reinforced that citizenship status and its associated rights are constitutionally protected, subject only to lawful parliamentary procedure.

Significance and Implications

Article 10 serves as a constitutional guarantee ensuring that Indian citizenship, once acquired or recognised, cannot be arbitrarily revoked or suspended. It embodies two fundamental principles:

1. Continuity of Citizenship: Once conferred, citizenship continues until modified by a valid law.
2. Legislative Supremacy: Only Parliament, not the executive or judiciary, possesses the power to determine the conditions for the acquisition or loss of citizenship.

The implications of Article 10 are as follows:

• It provides a legal safeguard for citizens, ensuring that their status is secure and subject only to due legal process.
• It upholds constitutional predictability, preventing administrative or arbitrary deprivation of nationality.
• It ensures parliamentary accountability, as any change in citizenship law must undergo public debate and scrutiny within the legislative process.

Article 10 and Contemporary Relevance

Article 10 continues to hold profound relevance in contemporary India, especially in light of debates surrounding the Citizenship (Amendment) Act, 2019 (CAA) and the National Register of Citizens (NRC). These developments have reignited national discussions on the acquisition and loss of citizenship, particularly concerning refugees, migrants, and stateless persons.
By providing continuity of citizenship for those already recognised as Indian citizens, Article 10 ensures that existing citizenship rights remain unaffected by changes in policy unless Parliament explicitly legislates otherwise. This provision thus acts as a stabilising mechanism amidst evolving legal and political landscapes.

Protection from Arbitrary Loss of Citizenship

Article 10’s importance lies in its preventive function. It ensures that no citizen can lose their status except through lawful means. For instance, the government cannot revoke citizenship arbitrarily or without legal justification. The due process outlined in the Citizenship Act, including rights of representation and appeal, must be observed.
This constitutional safeguard is crucial in maintaining citizens’ trust in the legal system and preserving democratic legitimacy. It also aligns with international standards under the Universal Declaration of Human Rights (Article 15), which recognises the right to nationality and protection against arbitrary deprivation of citizenship.

Broader Constitutional Philosophy

Article 10 reflects the Constitution’s overarching commitment to rule of law and individual dignity. It ensures that the bond between the State and its citizens is governed by law rather than discretion. The provision exemplifies the balance between citizenship stability and legislative flexibility, enabling Parliament to respond to changing social realities while maintaining continuity for current citizens.