Article 11 of the Indian Constitution| Parliament to regulate the right of citizenship by law

Article 11 of the Indian Constitution

Article 11 of the Indian Constitution

Introduction

Part II of the Indian Constitution (Articles 5 to 11) deals with citizenship at the commencement of the Constitution. While Articles 5 to 10 define who would be a citizen on 26 January 1950 and ensure the continuance of citizenship, Article 11 gives Parliament the ultimate authority to make laws on citizenship after the commencement of the Constitution.

Article 11 is significant because the Constitution-makers deliberately kept citizenship flexible, empowering Parliament to regulate it without the need for constitutional amendments.

Text of Article 11

“Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.”

Key Features of Article 11

1. Complete Power to Parliament

o Parliament can make laws regarding:

§ Acquisition of citizenship

§ Termination of citizenship

§ All other matters relating to citizenship

2. Overrides Previous Provisions

o Articles 5 to 10 are transitional. Article 11 allows Parliament to change these by law.

3. No Amendment Required

o Citizenship issues do not require constitutional amendment; an ordinary law by Parliament is sufficient.

4. Excludes State Legislatures

o Only Parliament, not State legislatures, has this power.

Objective of Article 11

To ensure flexibility in citizenship rules as per changing political, social, and economic conditions.
To avoid constitutional rigidity, because citizenship laws often need modification.
To empower Parliament for future needs like refugees, overseas Indians, migration, and security concerns.

Relationship with Articles 5–10

Articles 5 to 10: Deal with citizenship at the commencement of the Constitution.
Article 11: Empowers Parliament to make any provision thereafter.
Once Parliament legislates under Article 11, those laws override Articles 5–10.

Historical Background

During the Constituent Assembly debates, there was disagreement on whether citizenship rules should be permanent in the Constitution or left to Parliament.
Dr. B.R. Ambedkar explained:

“The provisions in the Constitution are only temporary and transitional. We cannot foresee the future, so Parliament must have the power to deal with citizenship comprehensively.”

This led to the inclusion of Article 11.

Practical Example – Citizenship Act, 1955

First law under Article 11: Citizenship Act, 1955
Provides rules for:

Acquisition of citizenship (by birth, descent, registration, naturalization, incorporation of territory)
Loss of citizenship (renunciation, termination, deprivation)
Overseas Citizens of India (OCI)
Recent amendments: 1986, 1992, 2003, 2005, 2015, and 2019 (CAA)

Scope of Article 11

Acquisition of Citizenship
Parliament decides conditions for:

Birth in India
Descent
Registration
Naturalization
Incorporation of new territory

Termination of Citizenship
Parliament sets rules for:

Renunciation
Termination (on acquiring foreign nationality)
Deprivation (by order of Government of India)

Other Matters

Overseas Indians
Persons of Indian origin abroad
Special categories like refugees

Judicial Interpretation

Article 11 gives wide powers, but Parliament’s laws are subject to judicial review if they violate fundamental rights.
Example: C.A.A. 2019 was challenged in Supreme Court for alleged discrimination.

Significance of Article 11

Ensures Parliamentary control over citizenship.
Allows adaptability to deal with migration, security, and global issues.
Prevents constitutional rigidity.

Comparison with Other Countries

USA: Citizenship rules are part of the Constitution; amendments needed for changes.
India: Flexible approach under Article 11.

Important Cases Related to Article 11

State Trading Corporation of India v. Commercial Tax Officer (1963):
Clarified that citizenship matters are beyond the power of states, Parliament alone can legislate.
C.A.A. 2019 Challenges:
Courts examining whether Parliament’s power under Article 11 can be restricted by Article 14 (Equality).

Nature of Article 11

Enabling provision: It does not itself grant or terminate citizenship; it empowers Parliament to make laws.
Supremacy of Parliament: Parliament has complete authority over citizenship after the Constitution came into force.

Conclusion

Article 11 of the Indian Constitution reflects flexibility, adaptability, and parliamentary supremacy in citizenship matters. While the Constitution initially defined who would be citizens on 26 January 1950, Article 11 ensures that Parliament can adapt citizenship laws to future challenges without needing constitutional amendments. This power has been exercised through the Citizenship Act, 1955, which remains the primary law governing Indian citizenship.

Here are 50 Multiple Choice Questions (MCQs) on Article 11 of the Indian Constitution with answers and explanations for competitive exams:

✅ Article 11 – Parliament’s Power to Regulate Citizenship

Basic Understanding (1–10)

1. Article 11 empowers which authority to make laws on citizenship?
(a) President
(b) Parliament
(c) State Legislature
(d) Supreme Court

✅ Answer: (b)
✔ Explanation: Article 11 gives Parliament the power to make laws on citizenship.

2. Which matters does Article 11 cover?
(a) Acquisition and termination of citizenship
(b) Fundamental Rights
(c) Emergency provisions
(d) Panchayati Raj

✅ Answer: (a)
✔ Explanation: It covers acquisition, termination, and all other matters related to citizenship.

3. Article 11 is part of which Part of the Constitution?
(a) Part I
(b) Part II
(c) Part III
(d) Part IV

✅ Answer: (b)
✔ Explanation: Article 11 is in Part II – Citizenship.

4. What is the nature of Article 11?
(a) Self-executing
(b) Enabling provision
(c) Directive principle
(d) Fundamental right

✅ Answer: (b)
✔ Explanation: It is an enabling provision, empowering Parliament to make laws.

5. Does Article 11 itself grant citizenship?
(a) Yes
(b) No
(c) Yes, temporarily
(d) Only for NRIs

✅ Answer: (b)
✔ Explanation: It does not grant citizenship; it gives Parliament the power to regulate it.

6. Which law was enacted under Article 11?
(a) Indian Independence Act, 1947
(b) Citizenship Act, 1955
(c) Passport Act, 1967
(d) Foreigners Act, 1946

✅ Answer: (b)
✔ Explanation: Citizenship Act, 1955 was enacted under Article 11.

7. Article 11 overrides which Articles?
(a) Articles 5 to 10
(b) Articles 12 to 35
(c) Articles 1 to 4
(d) Articles 32 to 35

✅ Answer: (a)
✔ Explanation: It overrides Articles 5 to 10, which are transitional provisions.

8. Can State Legislatures make laws on citizenship under Article 11?
(a) Yes
(b) No
(c) Yes, with President’s consent
(d) Yes, if Parliament permits

✅ Answer: (b)
✔ Explanation: Only Parliament has this power.

9. Which phrase is important in Article 11?
(a) Subject to law made by Parliament
(b) Parliament may by law provide
(c) Notwithstanding anything
(d) All citizens are equal

✅ Answer: (b)
✔ Explanation: This phrase empowers Parliament to make laws on citizenship.

10. When was the first law under Article 11 passed?
(a) 1949
(b) 1950
(c) 1955
(d) 1962

✅ Answer: (c)
✔ Explanation: The Citizenship Act, 1955 was passed under Article 11.

Legal & Historical Context (11–20)

11. Why was Article 11 included in the Constitution?
(a) To make citizenship provisions permanent
(b) To provide flexibility in citizenship laws
(c) To abolish citizenship rights
(d) To allow States to decide citizenship

✅ Answer: (b)
✔ Explanation: It was included to provide flexibility for future changes.

12. Who justified the inclusion of Article 11 in the Constituent Assembly?
(a) Jawaharlal Nehru
(b) Sardar Patel
(c) Dr. B.R. Ambedkar
(d) Rajendra Prasad

✅ Answer: (c)
✔ Explanation: Dr. Ambedkar said citizenship rules must be flexible.

13. Article 11 provides power to Parliament regarding:
(a) Only acquisition of citizenship
(b) Only termination of citizenship
(c) Both acquisition and termination and other related matters
(d) Only OCI provisions

✅ Answer: (c)
✔ Explanation: It covers acquisition, termination, and all other matters.

14. Is Article 11 a Fundamental Right?
(a) Yes
(b) No
(c) Yes, partially
(d) Yes, for NRIs

✅ Answer: (b)
✔ Explanation: It is not a Fundamental Right.

15. Article 11 has been used in making which controversial law recently?
(a) RTI Act
(b) Citizenship (Amendment) Act, 2019
(c) PMLA
(d) GST Act

✅ Answer: (b)
✔ Explanation: The CAA 2019 was made under Article 11.

16. Which power does Article 11 indicate?
(a) Absolute power of Parliament
(b) Limited power of Parliament
(c) Emergency power
(d) State power

✅ Answer: (a)
✔ Explanation: Parliament has exclusive power under Article 11.

17. The Citizenship Act, 1955 deals with:
(a) Acquisition and loss of citizenship
(b) Only voting rights
(c) Only dual citizenship
(d) Only passport rules

✅ Answer: (a)
✔ Explanation: It regulates acquisition and loss of citizenship.

18. Can Article 11 be amended by ordinary law?
(a) Yes
(b) No
(c) Yes, only by constitutional amendment
(d) No, it is permanent

✅ Answer: (a)
✔ Explanation: Parliament can make or change laws without amending the Constitution.

19. Which country has a similar flexible approach like India?
(a) USA
(b) UK
(c) France
(d) Russia

✅ Answer: (b)
✔ Explanation: UK also has parliamentary supremacy in citizenship matters.

20. Article 11 reflects which principle?
(a) Separation of powers
(b) Parliamentary sovereignty
(c) Judicial supremacy
(d) Federal supremacy

✅ Answer: (b)
✔ Explanation: It shows Parliamentary sovereignty in citizenship laws.

Practical & Scenario-Based (21–30)

21. If Parliament passes a law under Article 11, what happens to Articles 5–10?
(a) They become invalid
(b) They continue unchanged
(c) They apply only to NRIs
(d) They require amendment

✅ Answer: (a)
✔ Explanation: Article 11 gives overriding power to Parliament.

22. Does Article 11 allow dual citizenship in India?
(a) Yes
(b) No
(c) Yes, for NRIs
(d) Yes, with UN approval

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

23. Which body enforces laws under Article 11?
(a) Parliament
(b) Supreme Court
(c) Central Government
(d) State Government

✅ Answer: (c)
✔ Explanation: Central Government implements citizenship laws.

24. Can the President grant citizenship under Article 11 without Parliament’s law?
(a) Yes
(b) No
(c) Yes, during emergency
(d) Yes, with PM’s consent

✅ Answer: (b)
✔ Explanation: Only Parliament can make citizenship laws.

25. Which phrase in Article 11 indicates its overriding nature?
(a) Notwithstanding anything in the Constitution
(b) Subject to judicial review
(c) Nothing in the foregoing provisions shall derogate
(d) All citizens are equal

✅ Answer: (c)
✔ Explanation: This phrase makes Article 11 overriding.

Scenario-Based & Analytical (26–35)

26. What is the primary reason Article 11 exists?
(a) To grant permanent citizenship to all Indians
(b) To allow Parliament to regulate citizenship in future
(c) To give States the power to decide citizenship
(d) To create dual citizenship

✅ Answer: (b)
✔ Explanation: Article 11 ensures Parliamentary power to regulate citizenship beyond the Constitution’s commencement.

27. Article 11 deals with:
(a) Continuity of citizenship
(b) Acquisition and termination of citizenship
(c) Fundamental rights of citizens
(d) Voting rights only

✅ Answer: (b)
✔ Explanation: Article 11 gives Parliament power to make laws on acquisition and termination.

28. The words “Nothing in the foregoing provisions” in Article 11 indicate:
(a) It is subject to Articles 5–10
(b) It overrides Articles 5–10
(c) It is part of fundamental rights
(d) It applies only to NRIs

✅ Answer: (b)
✔ Explanation: It overrides Articles 5–10 and gives Parliament authority.

29. Which of these is NOT covered under Article 11?
(a) Acquisition of citizenship
(b) Termination of citizenship
(c) Overseas Citizenship of India (OCI)
(d) Right to vote in elections

✅ Answer: (d)
✔ Explanation: Voting rights are governed by Representation of the People Act, not Article 11.

30. Which case highlighted that States cannot make citizenship laws?
(a) Berubari Union case
(b) State Trading Corporation of India v. CTO
(c) Maneka Gandhi case
(d) Kesavananda Bharati case

✅ Answer: (b)
✔ Explanation: State Trading Corporation case (1963) clarified States have no power on citizenship.

31. Article 11 provides power to Parliament under which constitutional concept?
(a) Federalism
(b) Flexibility of Constitution
(c) Rigid Constitution
(d) Judicial supremacy

✅ Answer: (b)
✔ Explanation: It shows flexibility by allowing Parliament to legislate without amendment.

32. Which of these laws was enacted under Article 11?
(a) Representation of the People Act
(b) Citizenship Act, 1955
(c) Foreigners Act, 1946
(d) Passport Act, 1967

✅ Answer: (b)
✔ Explanation: Citizenship Act, 1955 is the main law under Article 11.

33. Citizenship (Amendment) Act, 2019 was passed under which Article?
(a) Article 5
(b) Article 10
(c) Article 11
(d) Article 12

✅ Answer: (c)
✔ Explanation: It was enacted under Article 11 powers.

34. Which phrase makes Article 11 different from Article 10?
(a) Subject to law made by Parliament
(b) Nothing in the foregoing provisions shall derogate
(c) All citizens are equal
(d) India shall be a Union of States

✅ Answer: (b)
✔ Explanation: This phrase in Article 11 overrides previous provisions.

35. Which constitutional body can review a law made under Article 11?
(a) Supreme Court
(b) Parliament
(c) President
(d) Election Commission

✅ Answer: (a)
✔ Explanation: Supreme Court can review if law violates fundamental rights.

Advanced Level (36–45)

36. Article 11 reflects which type of constitutional power?
(a) Original power
(b) Delegated power
(c) Residuary power
(d) Implied power

✅ Answer: (a)
✔ Explanation: It is original power granted by the Constitution to Parliament.

37. Which country’s system inspired Article 11’s flexibility?
(a) USA
(b) UK
(c) France
(d) Canada

✅ Answer: (b)
✔ Explanation: Like the UK, India gives Parliament supremacy in citizenship matters.

38. Can Parliament create conditions for naturalization under Article 11?
(a) Yes
(b) No
(c) Only States can
(d) Only Supreme Court can

✅ Answer: (a)
✔ Explanation: Parliament decides rules for naturalization.

39. Which category of persons benefits from laws made under Article 11?
(a) Refugees
(b) Overseas Indians
(c) Persons acquiring Indian citizenship by naturalization
(d) All of these

✅ Answer: (d)
✔ Explanation: Citizenship Act covers all these categories.

40. Which principle does Article 11 not affect?
(a) Parliamentary supremacy
(b) Federal structure
(c) Judicial review
(d) Rule of law

✅ Answer: (c)
✔ Explanation: Judicial review still applies to laws under Article 11.

41. Article 11 allows Parliament to deal with which new category introduced in 2005?
(a) Persons of Indian Origin (PIO)
(b) Overseas Citizens of India (OCI)
(c) Foreign nationals married to Indians
(d) Stateless persons

✅ Answer: (b)
✔ Explanation: OCI was introduced under Citizenship Act amendments.

42. Which Act governs termination of Indian citizenship?
(a) Foreigners Act
(b) Citizenship Act, 1955
(c) Immigration Act
(d) Passport Act

✅ Answer: (b)
✔ Explanation: Termination rules are in Citizenship Act, 1955.

43. The words “and all other matters relating to citizenship” in Article 11 mean:
(a) Parliament has limited power
(b) Parliament can make comprehensive laws
(c) Parliament cannot regulate dual citizenship
(d) States have concurrent power

✅ Answer: (b)
✔ Explanation: It gives wide power to Parliament.

44. Which amendment introduced OCI provisions under laws made using Article 11?
(a) 1986
(b) 1992
(c) 2003
(d) 2005

✅ Answer: (d)
✔ Explanation: 2005 amendment introduced OCI.

45. Can Parliament make a law under Article 11 restricting citizenship on religious grounds?
(a) Yes, absolutely
(b) No, never
(c) Yes, but subject to fundamental rights and judicial review
(d) Yes, with President’s approval only

✅ Answer: (c)
✔ Explanation: Parliament’s law must comply with fundamental rights.

Application & Current Affairs (46–50)

46. Which recent Act under Article 11 has been challenged in the Supreme Court?
(a) RTI Act
(b) Citizenship (Amendment) Act, 2019
(c) Motor Vehicles Act
(d) GST Act

✅ Answer: (b)
✔ Explanation: CAA 2019 was challenged for alleged discrimination.

47. Which Article makes Article 11 practically operational?
(a) Article 12
(b) Article 10
(c) Article 368
(d) None

✅ Answer: (d)
✔ Explanation: Article 11 is self-operational, no other Article is required.

48. If Parliament abolishes citizenship by birth, is it valid under Article 11?
(a) Yes
(b) No
(c) Yes, but needs constitutional amendment
(d) Yes, if approved by President

✅ Answer: (a)
✔ Explanation: Parliament has full power under Article 11.

49. Article 11 primarily indicates:
(a) Transitional nature of citizenship provisions
(b) Permanent grant of citizenship
(c) Dual citizenship policy
(d) Emergency provisions

✅ Answer: (a)
✔ Explanation: Articles 5–10 were transitional; Article 11 gave flexibility.

50. What is the essence of Article 11?
(a) Citizenship is a fundamental right
(b) Parliament can regulate all aspects of citizenship by law
(c) States can control citizenship
(d) Citizenship cannot be changed

✅ Answer: (b)
✔ Explanation: Article 11 gives Parliament complete power to regulate citizenship.