Article 10 of the Constitution of India deals with the continuance of citizenship. It provides that every person who is or is deemed to be a citizen of India under the preceding provisions of Part II shall continue to be a citizen, subject to the provisions of any law made by Parliament.
- Meaning of Article 10
- Constitutional Position
- Article 10 and Part II of the Constitution
- Article 10 Does Not Create Citizenship
- Article 10 and Article 9
- Article 10 and Article 11
- Article 10 and the Citizenship Act, 1955
- Meaning of “Subject to the Provisions of Any Law Made by Parliament”
- Why Is Article 10 Important?
- Article 10 and the Commencement of the Constitution
- Article 10 and Termination of Citizenship
- Important Features of Article 10
- Common Confusions
- Exam Relevance
- Important Points to Remember
- Quick Revision
- Conclusion
Article 10 therefore connects the original constitutional provisions on citizenship with the continuing power of Parliament to regulate citizenship through legislation.
Meaning of Article 10
Article 10 does not create a separate method of acquiring citizenship.
Instead, it deals with the continuance of citizenship of persons who have already qualified as citizens under the preceding provisions of Part II.
In simple terms:
Articles 5–9 → Determine specific citizenship positions
Article 10 → Provides for continuance of that citizenship
Parliamentary law → Can regulate that continuance
This makes Article 10 an important link between the original constitutional citizenship framework and later citizenship legislation.
Constitutional Position
Article 10 provides that every person who is or is deemed to be a citizen of India under the foregoing provisions of Part II shall, subject to the provisions of any law made by Parliament, continue to be such citizen.
There are two important parts of this provision:
- The person must already be a citizen under the preceding provisions of Part II.
- The continuance of citizenship is subject to laws made by Parliament.
The second part is particularly significant because citizenship is not placed entirely beyond legislative regulation.
Article 10 and Part II of the Constitution
Article 10 is located in Part II of the Constitution, which deals with citizenship.
The preceding provisions include:
- Article 5 – Citizenship at the commencement of the Constitution
- Article 6 – Citizenship of certain persons who migrated to India from Pakistan
- Article 7 – Citizenship of certain migrants to Pakistan
- Article 8 – Citizenship of certain persons of Indian origin residing outside India
- Article 9 – Persons voluntarily acquiring foreign citizenship
Article 10 follows these provisions and addresses the continuing status of persons who qualify as citizens under them.
Article 10 Does Not Create Citizenship
One of the most important points about Article 10 is that it does not independently confer citizenship.
It operates after a person has acquired or is deemed to have acquired citizenship under the preceding constitutional provisions.
For example, Article 10 does not tell us who qualifies as a citizen at the commencement of the Constitution. That question is addressed by provisions such as Articles 5, 6 and 8.
Article 10 deals with what happens to that citizenship afterwards, subject to parliamentary law.
Article 10 and Article 9
Article 9 deals with persons who have voluntarily acquired the citizenship of a foreign State.
Article 10 deals with the continuance of citizenship.
The two provisions therefore address different aspects of citizenship.
| Article 9 | Article 10 |
|---|---|
| Deals with voluntary acquisition of foreign citizenship | Deals with continuance of Indian citizenship |
| Restricts citizenship under Articles 5, 6 and 8 in specified circumstances | Provides for continuing citizenship of persons covered by preceding provisions |
| Focuses on foreign citizenship | Focuses on continuing Indian citizenship |
| Connected with the constitutional treatment of foreign citizenship | Subject to laws made by Parliament |
Article 10 and Article 11
Articles 10 and 11 are closely connected.
Article 10 provides for the continuance of citizenship subject to parliamentary law.
Article 11 expressly preserves Parliament’s power to make laws concerning:
- Acquisition of citizenship
- Termination of citizenship
- Other matters relating to citizenship
Therefore, Article 10 should not be understood as creating an absolute or permanent constitutional guarantee of citizenship regardless of future legislation.
Parliament has constitutional authority to regulate citizenship.
Article 10 and the Citizenship Act, 1955
Article 11 enabled Parliament to legislate comprehensively on citizenship.
Parliament enacted the Citizenship Act, 1955, which provides the principal statutory framework concerning Indian citizenship.
The Act deals with matters including:
- Acquisition of citizenship
- Citizenship by birth
- Citizenship by descent
- Citizenship by registration
- Citizenship by naturalisation
- Citizenship by incorporation of territory
- Termination of citizenship
Article 10 therefore needs to be read together with Article 11 and the Citizenship Act when studying the continuing legal status of Indian citizenship.
Meaning of “Subject to the Provisions of Any Law Made by Parliament”
This phrase is central to Article 10.
The Constitution provides for the continuance of citizenship, but that continuance is expressly made subject to parliamentary legislation.
This means that Parliament has the constitutional authority to regulate citizenship through legislation.
The provision therefore creates a balance between:
Constitutional recognition of citizenship
and
Parliamentary power to regulate citizenship
Why Is Article 10 Important?
Article 10 is important because citizenship cannot be understood only by looking at Articles 5 to 9.
Those provisions address specific categories of citizenship, particularly at the commencement of the Constitution.
Article 10 provides continuity while recognising that citizenship can subsequently be regulated through laws made by Parliament.
This makes Article 10 an important transitional provision between the original constitutional citizenship framework and the later statutory framework.
Article 10 and the Commencement of the Constitution
Articles 5 to 9 were largely concerned with determining citizenship in the circumstances existing when the Constitution came into force.
Article 10 provides for the continuance of the citizenship of persons covered by those provisions.
The Constitution therefore created a framework that could operate beyond the immediate commencement of the Constitution while allowing Parliament to establish more detailed rules.
Article 10 and Termination of Citizenship
Article 10 itself does not set out detailed grounds for termination of citizenship.
Instead, it makes the continuance of citizenship subject to parliamentary law.
The detailed statutory rules concerning termination are primarily contained in the Citizenship Act, 1955.
This distinction is important:
Article 10 → Constitutional provision for continuance
Citizenship Act, 1955 → Detailed statutory rules, including termination
Important Features of Article 10
1. It Deals With Continuance of Citizenship
Article 10 provides for the continuation of citizenship of persons covered by the preceding citizenship provisions.
2. It Does Not Independently Confer Citizenship
A person must already be a citizen or deemed to be a citizen under the preceding provisions.
3. It Is Subject to Parliamentary Law
Parliament can regulate citizenship through legislation.
4. It Forms Part of Part II
Article 10 is part of Part II – Citizenship.
5. It Connects Constitutional and Statutory Citizenship Law
Article 10 works alongside Article 11 and the Citizenship Act, 1955.
Common Confusions
Confusion 1: Article 10 Gives Citizenship to Every Person in India
Incorrect.
Article 10 does not independently grant citizenship.
It deals with the continuance of citizenship of persons who qualify under the preceding provisions of Part II.
Confusion 2: Article 10 Makes Citizenship Permanent
Not absolutely.
The provision expressly makes continuance subject to laws made by Parliament.
Confusion 3: Article 10 Is About Acquisition of Citizenship
No.
Article 10 primarily concerns continuance.
Parliament’s broader power concerning acquisition, termination and other citizenship matters is expressly recognised under Article 11.
Confusion 4: Article 10 and Article 11 Are the Same
No.
Article 10 deals with the continuance of citizenship.
Article 11 preserves Parliament’s power to make laws relating to citizenship.
Confusion 5: The Citizenship Act, 1955 Is Separate From Article 10
The Citizenship Act is a parliamentary law operating within the constitutional framework, particularly the legislative power recognised under Article 11 and the qualification contained in Article 10.
Exam Relevance
Article 10 is important for:
- Constitutional Law examinations
- Judiciary examinations
- Citizenship provisions
- Part II of the Constitution
- Articles 5 to 11
- Continuance of citizenship
- Parliamentary power over citizenship
- Citizenship Act, 1955
- Relationship between Articles 10 and 11
The key phrase to remember is:
“Subject to the provisions of any law made by Parliament.”
This phrase explains why the continuance of citizenship under Article 10 is not independent of parliamentary legislation.
Important Points to Remember
| Concept | What to Remember |
|---|---|
| Article | Article 10 |
| Part | Part II – Citizenship |
| Main Subject | Continuance of citizenship |
| Who Is Covered? | Persons who are or are deemed to be citizens under the preceding provisions of Part II |
| Important Qualification | Subject to laws made by Parliament |
| Does It Grant Citizenship? | No |
| Related Article | Article 11 |
| Important Statute | Citizenship Act, 1955 |
| Main Principle | Citizenship continues subject to parliamentary law |
Quick Revision
- Article 10 deals with the continuance of citizenship.
- It applies to persons who are or are deemed to be citizens under the preceding provisions of Part II.
- It does not independently confer citizenship.
- Continuance is expressly subject to laws made by Parliament.
- Article 10 is closely connected with Article 11.
- Article 11 gives Parliament power to legislate on acquisition, termination and other matters relating to citizenship.
- The Citizenship Act, 1955 provides the principal statutory framework governing Indian citizenship.
- Article 10 should be understood as a bridge between the original constitutional citizenship provisions and parliamentary citizenship legislation.
Conclusion
Article 10 provides for the continuance of citizenship of persons who are or are deemed to be citizens under the preceding provisions of Part II of the Constitution. At the same time, it makes that continuance subject to laws made by Parliament.
The provision therefore does not independently grant citizenship or establish detailed rules for its termination. Instead, it recognises continuing citizenship while leaving Parliament with the constitutional authority to regulate citizenship through legislation.
For examination purposes, the most important point is the relationship between Article 10 and Article 11: Article 10 deals with continuance, while Article 11 preserves Parliament’s broad power to legislate on citizenship.
