Constitution of Bharat: Article 5: Part 4

 

The Constituent Assembly of India discussed Article 5, which pertains to citizenship at the commencement of the Constitution, on August 10, 11, and 12, 1949. Here is a summary of those debates:

Key Points of Discussion:

1. Complexity of Citizenship:
   • Article 5 was acknowledged as one of the most complicated articles due to the unique circumstances at India's independence, including the partition which led to mass migrations.
2. Domicile and Birth Criteria:
   • The article specified that citizenship would be granted to any person with a domicile in India at the commencement of the Constitution, who was either born in India or had parents born in India, or had resided in India for at least five years before the Constitution's commencement.
   
   
3. Amendments Proposed:
   • Several amendments were proposed during the debates:
     • Dr. Deshmukh's Amendment: He argued that citizenship should not be made too easy to acquire compared to other countries, suggesting that India's criteria for citizenship were too lenient. His amendment aimed to tighten these provisions.
     • Jaspat Roy Kapoor's Amendment: Advocated for a provision to grant citizenship to individuals born between the Constitution's commencement and the enactment of a citizenship law by Parliament.
     • Amendments on Religion: There were suggestions to include provisions for granting citizenship based on religion, specifically aimed at Hindus and Sikhs from Pakistan. However, these were met with opposition, emphasizing that citizenship should be based on principles of justice and equity rather than religion.
4. Concerns on Dual Citizenship:
   • The concept of dual citizenship was briefly debated, with some members suggesting its potential benefits, but it was not adopted.
5. Migration from Pakistan:
   • There was significant discussion on how to handle citizenship for those who had migrated from Pakistan due to partition. Clause (c) of Article 5 addressed this by granting citizenship to those who had been ordinarily resident in India for five years before the Constitution's commencement.
6. Final Outcome:
   • The Assembly decided against amending Article 5 to include religious criteria for citizenship. The focus remained on domicile and residence rather than religious affiliation. The debates concluded with the adoption of Article 5 in its draft form, ensuring that citizenship was broad and inclusive at the start of the Constitution's implementation.

Key Speakers:

• Dr. B.R. Ambedkar acknowledged the complexities of Article 5 while defending the draft provisions.
• Dr. Deshmukh pushed for stricter citizenship laws.
• Jaspat Roy Kapoor and others discussed various amendments, including those concerning birth and dual citizenship.

Implications:

• The debates reflect the intent to create an inclusive citizenship law that would encompass the diverse population of India at independence, dealing with issues like the partition's aftermath, the integration of princely states, and ensuring a secular approach to citizenship.

This summary captures the essence of the debates on Article 5, highlighting the concerns, amendments proposed, and the final stance taken by the Constituent Assembly.