Constitution of Bharat: Article 9: Part 2

 

Article 9 of the Constitution of India pertains to the citizenship of individuals who voluntarily acquire citizenship of a foreign state. It explicitly states that such individuals shall not be considered citizens of India. Here's how amendments and enactments based on this article have influenced Indian law and policy:

1. Citizenship Amendment:
   • Direct Impact: The most direct effect of Article 9 is on the legal status of individuals who choose to obtain foreign citizenship. They lose their Indian citizenship unless special provisions are made. For instance, there have been discussions and amendments related to dual citizenship, but India does not allow dual citizenship except in specific cases like OCI (Overseas Citizen of India) status, which does not equate to full citizenship.
   • Legislative Adjustments: The Citizenship Act of 1955 and its subsequent amendments reflect the principles laid out in Article 9. The 2003 amendment, for example, introduced the concept of the OCI card, allowing certain rights to non-citizens of Indian origin, but this does not contravene Article 9 since OCI is not citizenship.
2. State Enactments:
   • Voting Rights: States have no autonomy to alter citizenship rules directly since citizenship is a Union List subject. However, states might implement policies related to voter registration that indirectly relate to Article 9 by ensuring that only Indian citizens can vote.
   • Local Laws: Some states might have specific laws regarding property rights, employment, or other privileges for citizens that indirectly relate to the implications of Article 9 by ensuring these benefits do not extend to those who have lost Indian citizenship.
   
   
3. Broader Implications:
   • National Security: There are implications for national security where laws might be framed or adjusted to monitor or restrict individuals who have renounced their Indian citizenship, especially in light of international relations or security concerns.
   • Immigration Policies: Central enactments concerning immigration, border control, and expatriation often consider the provisions of Article 9. For example, the Foreigners Act, 1946, and related regulations leverage the notion of who is not an Indian citizen to enforce immigration rules.

     
4. Public and Judicial Interpretation:
   • Judicial reviews have occasionally touched upon the implications of Article 9, particularly in cases where individuals with foreign citizenship challenge certain rights or privileges. Courts interpret these laws in light of both Article 9 and broader constitutional rights like equality before the law (Article 14).
   • Public discourse and policy often debate the balance between maintaining a strong national identity through citizenship laws and the global mobility of Indian citizens, particularly in an era where many seek opportunities abroad.

In summary, Article 9 has shaped Indian citizenship laws, ensuring that those who take up foreign citizenship are clearly demarcated from Indian citizens in legal terms. This has influenced both central and state-level enactments, focusing on rights, privileges, and obligations associated with citizenship status. However, amendments to the citizenship laws have been careful not to infringe upon the fundamental principle laid out in Article 9 while still providing some flexibility for diaspora engagement through mechanisms like OCI.