Article 10 of the Indian Constitution| Continuance of the rights of citizenship

Article 10 of the Indian Constitution

Article 10 of the Indian Constitution – Continuance of the Rights of Citizenship

Introduction

Part II of the Indian Constitution (Articles 5 to 11) deals with citizenship at the commencement of the Constitution. While Articles 5 to 9 define who will be a citizen of India on 26th January 1950 and the conditions of acquisition or loss of citizenship, Article 10 ensures the continuity of such citizenship rights until Parliament provides otherwise.

In simple terms, Article 10 guarantees that once a person is recognized as an Indian citizen under the Constitution, that status remains valid unless the Parliament makes a law to alter or terminate it.

Text of Article 10

“Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.”

Key Features of Article 10

1. Continuance of Citizenship

o Every person who was declared a citizen under Articles 5, 6, 7, or 8 shall remain a citizen of India.

2. Subject to Parliamentary Law

o This right is not absolute; it is subject to laws made by Parliament under Article 11.

3. Not a Fundamental Right

o It is a transitional and legal provision, not enforceable as a fundamental right.

4. Operates Prospectively

o It applies after the commencement of the Constitution to continue the citizenship status already acquired.

Purpose and Importance

To avoid uncertainty and confusion about the status of citizens after 26 January 1950.
To give power to Parliament to regulate citizenship further without creating constitutional amendments for every change.
To maintain stability in citizenship status while allowing legislative flexibility.

Relationship with Other Articles

Articles 5–9: Define who becomes a citizen at commencement.
Article 10: Ensures continuity of that citizenship unless Parliament decides otherwise.
Article 11: Empowers Parliament to make any law regarding acquisition or termination of citizenship.

Historical Background

In the Constituent Assembly Debates, Dr. B.R. Ambedkar clarified that:

Citizenship must not be left entirely to constitutional rigidity.
Parliament should have the ultimate authority to regulate citizenship in the future.
Thus, Article 10 was included as a transitional safeguard.

Practical Examples

Example 1:
Ravi became an Indian citizen under Article 5 on 26 January 1950. His citizenship continues under Article 10 unless a law disqualifies him.

Example 2:
Meena was an Indian origin person living abroad, registered under Article 8. She remains a citizen under Article 10, but if Parliament passes a law (Citizenship Act, 1955), it will apply to her.

Legal Interpretation

Article 10 acts as a bridge between the constitutional provisions (Articles 5–9) and the statutory framework (Citizenship Act, 1955).
It does not itself confer citizenship; it only protects continuity of the status acquired under the Constitution.
Courts have consistently held that citizenship matters fall under Parliament’s domain after the Constitution came into force.

Related Law – Citizenship Act, 1955

Passed under Article 11, this Act defines rules for acquisition, renunciation, and termination of citizenship.
Therefore, after 1955, Article 10 operates subject to this Act.

Nature of Article 10

Transitional provision: Relevant at the commencement of the Constitution.
Not a Fundamental Right: Cannot be enforced under Article 32.
Administrative guarantee: Prevents disruption of citizenship status.

Significance

Ensures legal continuity and stability.
Reflects flexibility in constitutional design.
Lays foundation for citizenship law development without frequent constitutional changes.

Comparison with Other Countries

Unlike USA, where citizenship is a constitutional right, India allows Parliamentary control over citizenship.
Article 10 balances constitutional certainty and legislative adaptability.

Conclusion

Article 10 serves as a safeguard for citizenship continuity during the transition from colonial rule to an independent democratic republic. It ensures that people recognized as citizens at the start of the Constitution continue as such, while empowering Parliament to regulate the subject for future needs. It symbolizes flexibility and stability in the Indian constitutional framework regarding citizenship.

Here are 50 Multiple Choice Questions (MCQs) on Article 10 of the Indian Constitution with answers and explanations for competitive exams:

Article 10 – Continuance of the Rights of Citizenship

Basic Understanding (1–10)

1. Article 10 of the Indian Constitution deals with:
(a) Acquisition of citizenship after commencement
(b) Continuance of citizenship rights
(c) Termination of citizenship by law
(d) Citizenship by birth only

Answer: (b)
Explanation: Article 10 ensures continuance of citizenship for those who are citizens under Articles 5–9.

2. Which persons are covered under Article 10?
(a) Persons born in India only
(b) Persons covered under Articles 5 to 9
(c) Persons who have renounced citizenship
(d) Foreigners naturalized in India

Answer: (b)
Explanation: It applies to persons who became citizens under Articles 5, 6, 7, and 8.

3. What is the main objective of Article 10?
(a) Grant citizenship to foreigners
(b) Remove citizenship rights of NRIs
(c) Continue citizenship until Parliament decides otherwise
(d) Provide dual citizenship

Answer: (c)
Explanation: Its objective is to ensure continuity of citizenship after the Constitution came into force.

4. Which law can affect the continuance of citizenship under Article 10?
(a) Any Presidential order
(b) Any State law
(c) A law made by Parliament
(d) A High Court order

Answer: (c)
Explanation: Parliament can make such laws under Article 11.

5. Article 10 came into effect on:
(a) 15 August 1947
(b) 26 January 1950
(c) 26 November 1949
(d) 1 April 1951

Answer: (b)
Explanation: It came into force with the Constitution on 26 January 1950.

6. Article 10 ensures citizenship for those who became citizens under:
(a) Articles 5–8 only
(b) Articles 5–9
(c) Articles 6–10
(d) Articles 5 and 7 only

Answer: (b)
Explanation: It applies to persons under Articles 5, 6, 7, and 8.

7. Article 10 guarantees continuance of citizenship:
(a) Absolutely
(b) Subject to parliamentary law
(c) Subject to State legislature
(d) Only by judicial review

Answer: (b)
Explanation: It is subject to law made by Parliament under Article 11.

8. Article 10 is part of which section of the Constitution?
(a) Fundamental Rights
(b) Directive Principles
(c) Citizenship provisions
(d) Union Government

Answer: (c)
Explanation: It is in Part II – Citizenship.

9. Is Article 10 a Fundamental Right?
(a) Yes
(b) No
(c) Yes, partially
(d) Yes, for NRIs only

Answer: (b)
Explanation: It is not a Fundamental Right, but a constitutional provision.

10. Which other Article complements Article 10?
(a) Article 7
(b) Article 8
(c) Article 11
(d) Article 12

Answer: (c)
Explanation: Article 11 gives Parliament power to regulate citizenship by law.

Legal and Procedural (11–20)

11. Under Article 10, citizenship continues until:
(a) The President decides otherwise
(b) The Supreme Court interprets otherwise
(c) Parliament makes a law to alter it
(d) The State legislature amends it

Answer: (c)
Explanation: Parliament has exclusive power under Article 11.

12. Does Article 10 itself grant citizenship?
(a) Yes
(b) No
(c) Yes, to all Indians
(d) Yes, but only till 1955

Answer: (b)
Explanation: It does not grant citizenship; it ensures continuity.

13. Which Act regulates citizenship after Article 10?
(a) Indian Independence Act, 1947
(b) Citizenship Act, 1955
(c) Foreigners Act, 1946
(d) Nationality Act

Answer: (b)
Explanation: Citizenship Act, 1955 regulates citizenship post-Constitution.

14. Which Article states “Subject to any law made by Parliament”?
(a) Article 5
(b) Article 8
(c) Article 10
(d) Article 12

Answer: (c)
Explanation: Article 10 contains this phrase.

15. What happens if Parliament passes a law changing citizenship rules?
(a) Article 10 stops applying
(b) Article 10 applies only partially
(c) Article 10 still applies fully
(d) Article 10 overrides Parliament

Answer: (a)
Explanation: Parliament’s law overrides Article 10, as stated in the Article itself.

16. Which word best describes Article 10?
(a) Transitional
(b) Fundamental
(c) Temporary
(d) Emergency

Answer: (a)
Explanation: It is a transitional provision for continuity.

17. Article 10 applies to:
(a) Foreigners naturalized after 1950
(b) Persons recognized as citizens at commencement
(c) All persons in India
(d) Only citizens of princely states

Answer: (b)
Explanation: It applies to those who became citizens under Articles 5–9.

18. Who decides disputes about citizenship under Article 10?
(a) High Courts
(b) Supreme Court
(c) Parliament
(d) Central Government under law

Answer: (d)
Explanation: Under Citizenship Act, 1955, Central Government decides.

19. Which provision is the foundation for Article 10?
(a) Sovereignty of India
(b) Parliamentary supremacy in citizenship matters
(c) Federalism
(d) International law

Answer: (b)
Explanation: It reflects Parliamentary control over citizenship.

20. Does Article 10 allow dual citizenship?
(a) Yes
(b) No
(c) Yes, with conditions
(d) Yes, for NRIs

Answer: (b)
Explanation: India does not allow dual citizenship.

Historical & Conceptual (21–30)

21. In Constituent Assembly debates, why was Article 10 introduced?
(a) To give voting rights to NRIs
(b) To ensure continuity of citizenship
(c) To grant special status to states
(d) To abolish citizenship laws

Answer: (b)
Explanation: It was to prevent confusion and ensure stability.

22. Article 10 is a provision for:
(a) Citizenship at commencement
(b) Continuation of acquired citizenship
(c) Citizenship by birth
(d) Citizenship by naturalization

Answer: (b)
Explanation: It continues the citizenship already recognized.

23. Which principle does Article 10 safeguard?
(a) Supremacy of Judiciary
(b) Supremacy of Parliament in citizenship
(c) Supremacy of States in citizenship
(d) Dual nationality

Answer: (b)
Explanation: It ensures Parliament has final control.

24. Which phrase is crucial in Article 10?
(a) Notwithstanding anything
(b) Subject to law made by Parliament
(c) Dual citizenship allowed
(d) All citizens are equal

Answer: (b)
Explanation: It gives conditional continuation.

25. Which law replaced constitutional provisions for citizenship after 1955?
(a) Government of India Act
(b) Citizenship Act
(c) Foreigners Act
(d) Passport Act

Answer: (b)
Explanation: Citizenship Act, 1955 governs citizenship now.

Scenario-Based and Applied (26–35)

26. Who has the ultimate power to decide on continuance of citizenship under Article 10?
(a) President of India
(b) Supreme Court
(c) Parliament
(d) Election Commission

Answer: (c)
Explanation: Parliament can make laws on citizenship under Article 11, which overrides Article 10.

27. Article 10 operates:
(a) Temporarily
(b) Permanently
(c) Until the Citizenship Act came into force
(d) Both (a) and (c)

Answer: (d)
Explanation: It was transitional, operating until laws were framed under Article 11.

28. Does Article 10 provide immunity from future citizenship laws?
(a) Yes
(b) No
(c) Yes, if registered under Article 8
(d) Yes, for refugees only

Answer: (b)
Explanation: It clearly says subject to any law made by Parliament.

29. Why is Article 10 called a “safeguard”?
(a) It guarantees permanent citizenship
(b) It prevents Parliament from making laws
(c) It ensures continuity until legislation is enacted
(d) It abolishes citizenship disputes

Answer: (c)
Explanation: It preserves continuity of citizenship status during transition.

30. Which term best describes Article 10?
(a) Guarantee
(b) Transitional arrangement
(c) Directive principle
(d) Judicial provision

Answer: (b)
Explanation: It is a transitional arrangement for citizenship.

31. If Parliament passes a law removing certain categories from citizenship, does Article 10 stop it?
(a) Yes
(b) No
(c) Yes, partially
(d) Yes, if Supreme Court agrees

Answer: (b)
Explanation: Parliament’s law prevails over Article 10.

32. Which phrase in Article 10 gives Parliament overriding power?
(a) Notwithstanding anything
(b) Subject to any law made by Parliament
(c) All citizens are equal
(d) None of these

Answer: (b)
Explanation: This phrase makes Parliament’s law supreme.

33. Article 10 came into force along with:
(a) Preamble
(b) Part III
(c) Entire Constitution on 26 January 1950
(d) Directive Principles

Answer: (c)
Explanation: It came into force with the Constitution on 26 January 1950.

34. Does Article 10 confer any new right of citizenship?
(a) Yes
(b) No
(c) Yes, to Indians abroad
(d) Yes, to refugees only

Answer: (b)
Explanation: It does not create new citizenship; it only continues existing ones.

35. Which of these Articles is most closely related to Article 10?
(a) Article 8
(b) Article 11
(c) Article 14
(d) Article 12

Answer: (b)
Explanation: Article 11 gives Parliament power to regulate citizenship, impacting Article 10.

Advanced & Analytical (36–45)

36. Article 10 ensures continuity for citizens under:
(a) Articles 5 to 8 only
(b) Articles 5 to 9
(c) Articles 6 and 7 only
(d) Articles 8 and 11

Answer: (b)
Explanation: It covers Articles 5, 6, 7, and 8.

37. Article 10 was necessary because:
(a) Parliament could not make laws immediately
(b) India allowed dual citizenship
(c) State governments had citizenship powers
(d) There were no courts

Answer: (a)
Explanation: It acted as a temporary safeguard until laws were enacted.

38. Which of these best describes Article 10?
(a) Absolute right
(b) Conditional right
(c) Fundamental right
(d) Directive principle

Answer: (b)
Explanation: It is conditional upon parliamentary law.

39. Article 10 is not a source of:
(a) Continuity of citizenship
(b) Power to Parliament
(c) Grant of new citizenship
(d) Legal certainty

Answer: (c)
Explanation: It does not grant new citizenship.

40. After enactment of the Citizenship Act, 1955, Article 10:
(a) Became redundant
(b) Still grants citizenship
(c) Became a fundamental right
(d) Cannot be changed

Answer: (a)
Explanation: Its role ended after detailed law came into force.

41. Which part of the Constitution does Article 10 belong to?
(a) Part I
(b) Part II
(c) Part III
(d) Part IV

Answer: (b)
Explanation: It is part of Part II – Citizenship.

42. Which principle of governance does Article 10 reflect?
(a) Flexibility of Constitution
(b) Rigidity of citizenship rules
(c) Independence of judiciary
(d) Separation of powers

Answer: (a)
Explanation: It shows flexibility for Parliament to make laws later.

43. Which other Article provides Parliament complete power over citizenship laws?
(a) Article 7
(b) Article 8
(c) Article 11
(d) Article 12

Answer: (c)
Explanation: Article 11 is the enabling provision.

44. Which year did Parliament exercise power under Article 11 for the first time?
(a) 1949
(b) 1950
(c) 1955
(d) 1962

Answer: (c)
Explanation: In 1955, the Citizenship Act was enacted.

45. Article 10 prevents:
(a) Statelessness immediately after independence
(b) Parliament from making citizenship laws
(c) States from giving citizenship
(d) Dual citizenship

Answer: (a)
Explanation: It ensures no gap between commencement and legislation.

Application-Based (46–50)

46. Can Parliament withdraw citizenship from persons under Article 10?
(a) No
(b) Yes, under Article 11
(c) Yes, only by amendment
(d) Yes, with President’s consent

Answer: (b)
Explanation: Parliament can terminate or modify citizenship under Article 11.

47. Is judicial review possible for laws made under Article 11 affecting Article 10?
(a) Yes
(b) No
(c) Yes, but only in cases of arbitrariness
(d) Yes, but only with President’s consent

Answer: (c)
Explanation: Judicial review applies for arbitrariness or violation of fundamental rights.

48. Who decides disputes under citizenship laws enacted by Parliament?
(a) Supreme Court
(b) Central Government
(c) Election Commission
(d) President

Answer: (b)
Explanation: Under Citizenship Act, Central Government decides.

49. Which constitutional safeguard works along with Article 10 to prevent confusion on citizenship status?
(a) Article 8
(b) Article 11
(c) Article 7
(d) Article 12

Answer: (b)
Explanation: Article 11 gives law-making power to Parliament.

50. What is the main takeaway from Article 10?
(a) Citizenship is permanent
(b) Citizenship continues but is subject to law
(c) Citizenship cannot be changed
(d) Citizenship is a fundamental right

Answer: (b)
Explanation: Article 10 ensures continuity but gives Parliament authority.