Constitution of Bharat: Article 10: Part 4

 

Article 10 of the Indian Constitution, which deals with the "Continuance of the rights of citizenship," was discussed during the Constituent Assembly debates on August 10, 11, and 12, 1949. Here's a summary of those debates:

Introduction of Article 10:

• Draft Article 5C: Initially, what would become Article 10 was not in the Draft Constitution of 1948. It was introduced as Draft Article 5C by Dr. B.R. Ambedkar, the Chairman of the Drafting Committee.

Debates and Discussions:

• Purpose: The article was proposed to clarify that those who were declared citizens under the preceding articles (Articles 5 to 9) would continue to be recognized as citizens, subject to any law that Parliament might enact. This was to ensure that the initial provisions on citizenship were not seen as immutable but could be altered through legislation.
• Debate on Necessity: One member of the Assembly moved a motion to delete this article, arguing it was redundant since Draft Article 6 (which became Article 11) already gave Parliament the power to regulate citizenship rights. The member felt that Article 10 was superfluous given this broad legislative power.
• Ambedkar’s Defense: Dr. Ambedkar defended the inclusion of Article 10, stating that the initial articles on citizenship (Articles 5 to 10) were temporary in nature. He emphasized that these articles were meant to be a stopgap until Parliament could establish a comprehensive citizenship code. His argument was that Article 10 was necessary to affirm that the initial citizenship provisions were subject to future parliamentary laws.
• Temporary Nature: The discussion highlighted the temporary nature of the citizenship provisions set in the Constitution. The idea was to leave room for future Parliaments to adapt citizenship laws to changing societal needs and international norms.
• Outcome: Despite the debate on its necessity, the Assembly decided to retain Article 10. No amendments were made to the text, and it was adopted as it was proposed, ensuring that the rights of citizenship would continue subject to any law Parliament might make.

Key Points from the Discussion:

• Legislative Flexibility: Article 10's inclusion was seen as a way to provide legislative flexibility, allowing future Parliaments to modify citizenship laws without constitutional amendments.
• Continuity vs. Modification: The debates underscored the balance between ensuring the continuity of citizenship rights and allowing for their modification by law.
• Federalism and State Role: Although not directly discussed in relation to Article 10, the broader context of these debates included the federal structure where states would not have autonomy over citizenship matters, which are a Union subject.

These debates are documented in the "Constituent Assembly Debates," specifically in the volumes covering the sessions from July to September 1949, where clause-by-clause discussion of the draft constitution took place.