Article 9

Article 9 of the Constitution of India addresses the issue of dual citizenship and ensures that Indian nationality is based on the principle of single allegiance. This provision prevents individuals from simultaneously holding Indian and foreign citizenships. By doing so, it safeguards national identity and loyalty towards the Indian State.

Constitutional Background

The constitutional framework of Indian citizenship is laid out in Articles 5 to 11 of Part II of the Constitution. These provisions collectively define who is deemed to be an Indian citizen at the commencement of the Constitution and under what circumstances citizenship may be acquired or lost.
Article 9 specifically provides that any person who voluntarily acquires the citizenship of another country shall cease to be a citizen of India. This applies even if that person was initially recognised as a citizen under Articles 5, 6, or 8:

• Article 5: Grants citizenship to persons domiciled in India at the commencement of the Constitution.
• Article 6: Grants citizenship rights to persons who migrated from Pakistan to India.
• Article 8: Extends citizenship to persons of Indian origin residing outside India.

Hence, even if a person qualifies as an Indian citizen under these provisions, voluntarily acquiring the nationality of another country results in the automatic termination of Indian citizenship.

Meaning of “Voluntarily Acquiring Citizenship”

The expression “voluntarily acquiring citizenship” implies a deliberate and conscious act of obtaining foreign nationality. This includes actions such as applying for and accepting citizenship or nationality of another country through naturalisation or registration. The loss of Indian citizenship occurs automatically upon the voluntary acquisition of foreign citizenship, regardless of the individual’s motives or intentions.
It is important to distinguish voluntary acquisition from circumstances where citizenship of another country is acquired involuntarily, such as by birth or through marriage. However, Indian law still treats most such cases under the broad principle of avoiding dual allegiance, and individuals are generally required to renounce foreign nationality to retain Indian citizenship.

Judicial Interpretation and Case Law

While the Supreme Court of India has not delivered a major judgment interpreting Article 9 exclusively, several cases have explored related questions of citizenship:

• K. K. Verma v. Union of India (1954) – This case examined the implications of acquiring foreign nationality and its automatic effect on the cessation of Indian citizenship.
• K. S. Puttaswamy v. Union of India (2017) – Although primarily dealing with the right to privacy, the judgment briefly discussed the dimensions of citizenship as an aspect of individual identity and autonomy.

Through such cases, the judiciary has reinforced that citizenship is a matter of legal status determined by statute, and personal choice or intent does not override constitutional or statutory provisions governing nationality.

Legal and Administrative Framework

The Citizenship Act, 1955, enacted under Article 11 of the Constitution, provides the statutory basis for acquisition and loss of citizenship. Under this Act:

• Any Indian citizen who voluntarily acquires the citizenship of another country automatically ceases to be an Indian citizen under Section 9.
• The Ministry of Home Affairs (MHA) administers matters related to citizenship, including verification of claims and processing of cases involving potential loss of nationality.

The government may also maintain lists and records of individuals who have renounced or lost their citizenship, ensuring that official privileges such as passports and voting rights are appropriately regulated.

Implications of Article 9

The consequences of Article 9 are wide-ranging and include:

• Loss of Indian citizenship immediately upon the voluntary acquisition of foreign nationality.
• Ineligibility for political and civil rights, including the right to vote, contest elections, or hold constitutional or public offices.
• Forfeiture of benefits reserved for Indian citizens, such as access to government employment and welfare schemes.

This provision ensures that national allegiance remains undivided, preventing conflicts of interest that may arise from dual loyalties.

Relevance for NRIs and PIOs

Article 9 holds particular importance for Non-Resident Indians (NRIs) and Persons of Indian Origin (PIOs) living abroad. Many Indians who migrate for education or employment may later seek citizenship of another country for professional or personal reasons. Upon doing so, they automatically forfeit Indian citizenship under Article 9 and the Citizenship Act, 1955.
To maintain their connection with India, such individuals can opt for Overseas Citizenship of India (OCI), introduced under the 2005 amendment to the Citizenship Act. However, OCI status does not amount to dual citizenship; it only confers limited rights such as long-term visa privileges and property ownership, without political rights.

International Context

India’s stance against dual citizenship aligns with the practices of several other nations that uphold the doctrine of single allegiance. Countries like China and Japan also prohibit dual nationality, viewing exclusive loyalty as essential to national unity and security.
Conversely, some nations, including the United States, Canada, and the United Kingdom, permit dual citizenship, recognising it as compatible with modern mobility and multiculturalism. India, however, maintains a cautious approach rooted in historical and political considerations.

Policy Objectives and Challenges

The key policy objective of Article 9 is to preserve the integrity of Indian nationality by ensuring that citizenship is not fragmented by competing allegiances. It serves both national security and administrative clarity.
Nevertheless, certain challenges persist:

• Lack of public awareness among Indian citizens about the automatic loss of citizenship upon acquiring another nationality.
• Difficulty in monitoring foreign naturalisation due to limited information exchange between nations.
• Emotional and practical concerns among the Indian diaspora who wish to maintain ties with India without forfeiting rights in their adopted countries.

These issues continue to prompt discussions on whether India should reconsider its strict stance in favour of limited dual citizenship arrangements in the future.

Significance

Article 9 remains a cornerstone of India’s citizenship policy, reflecting the framers’ vision of a unified and undivided national identity. It establishes a clear constitutional boundary between who is, and who is not, an Indian citizen, thereby maintaining the sanctity of citizenship and preventing dual allegiance.