Article 10th, Constitution of India 1950

What is Article 10th, Constitution of India 1950 :

Every individual who is or is recognized as a citizen of India by any of the aforementioned provisions in this section shall, without prejudice to any laws enacted by the Parliament, retain their citizenship status. Any individual who is acknowledged as a citizen of India under any of the provisions in this section shall maintain their citizenship and shall also be subject to any legislation enacted by the Parliament. Preservation of citizenship rights shall be extended to every person who is or is considered to be a citizen of India by the aforementioned provisions in this section, subject to any laws enacted by the Parliament.

The Evolution of Draft Article 5C (Article 10) in the Indian Constitution :

Introduction:

The Indian Constitution, adopted on 26th January 1950, went through a rigorous drafting process before its finalization. During the debates surrounding the constitution-making, Draft Article 5C (Article 10) emerged as a significant provision related to citizenship. This article was not initially part of the Draft Constitution 1948 but was proposed for insertion by the Chairman of the Drafting Committee. This article aimed to clarify the status of individuals declared as citizens under the preceding citizenship articles and their continued recognition subject to any future legislation by the Parliament.

Debate and Discussions:

The discussions on Draft Article 5C took place on the 10th, 11th, and 12th of August 1949 during the constituent assembly meetings. Unlike other articles, there were no substantial debates or disagreements regarding the content and intent of this provision. However, one member raised a motion to delete Article 5C, arguing that it was unnecessary and redundant since Draft Article 6 (Article 11) adequately addressed the same issues.

In response to the motion, the Chairman of the Drafting Committee emphasized that the Articles on Citizenship were intended to be temporary measures. He further stated that the responsibility of enacting a comprehensive citizenship code would lie with the future Parliament, implying that Article 5C would serve as a temporary provision until such legislation was enacted.

Adoption and Finalization:

Despite the motion to delete Article 5C, the constituent assembly ultimately decided to retain the provision. On 12th August 1949, the assembly adopted Draft Article 5C without any amendments. This decision signaled a consensus among the assembly members regarding the importance of maintaining continuity in the citizenship status of individuals declared as citizens under previous provisions.

Significance and Legacy:

Draft Article 5C (Article 10) played a crucial role in providing legal certainty to those individuals who were recognized as citizens under the preceding citizenship articles. By emphasizing their continued citizenship subject to any future laws passed by the Parliament, the provision ensured the protection of rights and privileges enjoyed by these citizens.

Furthermore, the temporary nature of Article 5C highlighted the assembly's intention to address the complex issue of citizenship comprehensively through subsequent legislation. This approach recognized the need for a more comprehensive citizenship code to be enacted by the future Parliament, thereby allowing for potential amendments and improvements to the existing provisions.

Conclusion:

Draft Article 5C (Article 10) in the Indian Constitution emerged as a response to the need for clarifying the status of individuals declared as citizens under earlier provisions. Despite limited discussions and a motion to delete it, the constituent assembly decided to adopt Article 5C, emphasizing its temporary nature and the future Parliament's responsibility to enact a comprehensive citizenship code. This provision played a vital role in ensuring the continued recognition of citizenship rights for individuals and laid the foundation for subsequent legislation in the field of citizenship in India.