Continuance of the Rights of Citizenship (Article 10)
Indian Polity › Citizenship · Topic 5.5
Article 10 says that every citizen continues to be a citizen subject to Parliament's law. Under the Citizenship Act, 1955, citizenship is lost by renunciation, termination or deprivation.
5 min read · UPSC Prelims · Polity · Citizenship
At a Glance
- What it is Article 10: every person who is or is deemed to be a citizen of India continues to be such a citizen
- Limit Subject to the provisions of any law made by Parliament
- Loss under the Act Renunciation, termination and deprivation
- Exam link UPSC Prelims, Polity: Citizenship
Where Does It Fit?
Articles 5 to 8 created the first citizens and Article 9 excluded those with foreign citizenship. Article 10 provides for the continuance of citizenship once acquired. It is subject to Parliament’s law, which is why the ways of losing citizenship under the Citizenship Act matter here.
What Does Article 10 Say?
Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament. The Article therefore protects the citizenship of persons who became citizens under Articles 5 to 8, but leaves it open to Parliament to provide for its loss. A related Overseas Citizen of India registration can also be cancelled by the Central Government on similar grounds, but that card is not citizenship.
How Is Citizenship Lost Under the Act?
The Citizenship Act, 1955 prescribes three ways of losing citizenship, whether acquired under the Act or prior to it under the Constitution.
| Mode | Meaning |
|---|---|
| Renunciation | A citizen of full age and capacity makes a declaration renouncing Indian citizenship; on registration of the declaration the person ceases to be a citizen. Registration is withheld during a war in which India is engaged. Every minor child of the person also loses citizenship, but may resume it within one year of attaining the age of eighteen |
| Termination | Automatic loss when an Indian citizen voluntarily acquires the citizenship of another country; not applicable during a war in which India is engaged |
| Deprivation | Compulsory termination by the Central Government |
How Does This Compare with Cancelling an OCI Card?
Although an Overseas Citizen of India cardholder is not a citizen, the Central Government may cancel the registration on grounds that parallel deprivation: fraud, false representation or concealment of material fact; disaffection towards the Constitution of India; unlawful trading or communication with an enemy during a war; sentence of imprisonment of not less than two years within five years of registration; violation of the Citizenship Act or other specified law; the interests of sovereignty and integrity, security, friendly relations with a foreign country or the general public; and dissolution of the cardholder’s marriage or a second marriage during its subsistence. The cardholder must be given a reasonable opportunity of being heard.
When Can a Citizen Be Deprived of Citizenship?
The Central Government can compulsorily terminate Indian citizenship in these cases.
- The citizen obtained citizenship by fraud.
- The citizen has shown disloyalty to the Constitution of India.
- The citizen has unlawfully traded or communicated with the enemy during a war.
- Within five years after registration or naturalisation, the citizen has been imprisoned in any country for two years.
- The citizen has been ordinarily resident out of India for seven continuous years.
Why Is This Topic Important?
- Retention and loss It joins the constitutional start of citizenship to the legal ways of ending it
- Direct Prelims material The three modes of loss and the grounds of deprivation can be asked directly
What Came Next?
The next topic covers Article 11, which gives Parliament the power to regulate the right of citizenship by law.
Key People and Terms
- Renunciation A voluntary declaration giving up citizenship
- Termination Automatic loss on acquiring foreign citizenship
- Deprivation Compulsory loss ordered by the Central Government
- Deemed citizen A person treated as a citizen by the constitutional provisions
Exam Corner
Points to Remember
- Article 10: citizenship continues, subject to Parliament’s law.
- Three modes of loss: renunciation, termination, deprivation.
- Renunciation is withheld during war.
- A minor child who loses citizenship may resume it within one year of turning eighteen.
- Deprivation: fraud, disloyalty, trading with the enemy, two-year imprisonment within five years, seven years abroad.
Do Not Confuse With
- Renunciation and deprivation Renunciation is the citizen’s choice; deprivation is the Government’s order
- Termination and renunciation Termination is automatic; renunciation needs a registered declaration
- Article 10 and Article 11 Article 10 continues citizenship; Article 11 empowers Parliament to legislate
Memory Hook
Article 10 keeps citizens; the Act has three exits: renounce, terminate, deprive.
Mains Angle
Questions usually ask how citizenship can be lost. Use these points to add depth.
- Parliament’s law governs loss Article 10 is subject to the provisions of any law made by Parliament
- Three exits The Act separates choice, operation of law and State action
- Safeguard for minors A child of a renouncer can resume citizenship at eighteen
- Wartime Renunciation and termination are not allowed to operate during a war
A Question You May Face
An original practice question, not a past paper question.
“Explain the ways in which Indian citizenship can be lost.”
How to Answer
- Introduction Article 10 and Parliament’s law.
- Three modes Renunciation, termination, deprivation.
- Grounds of deprivation Fraud, disloyalty, trading with the enemy, imprisonment, residence abroad.
- Conclusion Citizenship continues unless lost in these ways.
GS Relevance
Frequently Asked Questions
What does Article 10 of the Constitution provide?
Article 10 provides that every person who is or is deemed to be a citizen of India shall continue to be such a citizen, subject to the provisions of any law made by Parliament. It protects continuance of citizenship while allowing Parliament to provide for its loss.
In how many ways can Indian citizenship be lost?
The Citizenship Act of 1955 prescribes three ways of losing citizenship: renunciation, termination and deprivation. They apply to citizenship acquired under the Act and also to citizenship acquired earlier under the Constitution. Each mode has its own procedure and conditions.
What is renunciation of citizenship?
Any citizen of India of full age and capacity can make a declaration renouncing Indian citizenship. When the declaration is registered, the person ceases to be a citizen. Registration is withheld if the declaration is made during a war in which India is engaged.
What happens to the child of a person who renounces citizenship?
Every minor child of the person who renounces Indian citizenship also loses Indian citizenship. However, when the child attains the age of eighteen, he or she may resume Indian citizenship by doing so within one year of that age.
What is termination of citizenship?
Termination happens when an Indian citizen voluntarily, that is, consciously, knowingly and without duress, acquires the citizenship of another country. His or her Indian citizenship then automatically terminates, except during a war in which India is engaged.
What is deprivation of citizenship?
Deprivation is the compulsory termination of Indian citizenship by the Central Government, for example if citizenship was obtained by fraud, the citizen showed disloyalty to the Constitution, or traded with the enemy during a war.
When can the Government deprive a naturalised citizen of citizenship?
Among other grounds, if within five years after registration or naturalisation the citizen has been imprisoned in any country for two years, or if the citizen has been ordinarily resident out of India for seven years continuously.
Does Article 10 apply to citizens by registration and naturalisation?
Article 10 refers to every person who is or is deemed to be a citizen of India under the Constitution. Citizens by registration and naturalisation under the Act are governed by the Act, which prescribes the three modes of loss for all citizens.
PYQ Practice — Statement Analysis
1 Article 10 provides that citizens continue to be citizens subject to any law made by Parliament.
The law in question is the Citizenship Act, 1955.
2 The Citizenship Act, 1955 provides four ways of losing citizenship.
It provides three: renunciation, termination and deprivation.
3 Termination of citizenship is a compulsory order of the Central Government.
That is deprivation. Termination is automatic on voluntarily acquiring foreign citizenship.
4 A minor child of a person who renounces citizenship may resume it within one year of attaining eighteen.
The child loses citizenship along with the parent.
5 Registration of a declaration of renunciation is withheld during a war in which India is engaged.
The Central Government withholds registration.
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