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| What is Article 9 of Indian constitution |
Article 9 of the
Indian Constitution – Persons Voluntarily Acquiring Citizenship of a Foreign
State Not to Be Citizens
Introduction
The Indian Constitution lays down
the fundamental principles of citizenship at the commencement of the
Constitution under Part II (Articles 5–11).
After dealing with residents of India (Article 5), migrants from Pakistan
(Article 6), returnees (Article 7), and Indians living abroad (Article 8), the
Constitution addresses the loss of citizenship in Article 9.
Article 9 states that
any person who has voluntarily acquired the citizenship of a foreign State
shall not be a citizen of India. This provision ensures exclusive allegiance to India,
reflecting the principle of single citizenship in the Indian
Constitution.
Text of Article 9
“No person shall be a
citizen of India by virtue of Article 5, or be deemed to be a citizen of India
by virtue of Article 6 or Article 8, if he has voluntarily acquired the
citizenship of any foreign State.”
Key Features
1. No Dual Citizenship:
o
India does not allow dual
citizenship. A person who voluntarily becomes a citizen of another country automatically
ceases to be an Indian citizen.
2. Applicable to Whom?
o
Persons who:
§ Acquired Indian citizenship under Articles 5,
6, or 8
§ Later voluntarily acquired a foreign citizenship
3. Voluntary Acquisition:
o
If citizenship of a
foreign country is acquired by choice, Indian citizenship is lost.
o
If acquired involuntarily
(e.g., by birth in another country without intention), different rules apply
under Citizenship Act, 1955.
4. Foreign State:
o
Any country other
than India recognized as a sovereign State.
Purpose and
Importance
- To maintain sovereignty and integrity
by ensuring exclusive allegiance of Indian citizens.
- To prevent divided loyalties, which
could compromise national security and political stability.
- To align with the principle of single
citizenship adopted by India (unlike the USA, which allows dual
citizenship).
Historical Context
During Constituent Assembly
Debates, Dr. B.R. Ambedkar clarified that:
- A person who voluntarily chooses another
country cannot claim Indian nationality.
- Citizenship requires full and undivided
loyalty to the Indian Union.
Reason: After independence and partition, many Indians
migrated abroad. The framers wanted to ensure clear legal status for
such individuals.
Practical Examples
1. Example 1:
Ramesh was an Indian citizen at the commencement of the Constitution. In 1952,
he voluntarily became a U.S. citizen.
→ Under Article 9, Ramesh ceases to be an Indian citizen.
2. Example 2:
Anita, an Indian citizen, marries a Canadian citizen and applies for
Canadian citizenship voluntarily.
→ She loses Indian citizenship immediately upon acquiring Canadian
citizenship.
Relationship with
Other Provisions
- Article 5: Citizenship at commencement → Article 9
overrides if foreign citizenship is acquired.
- Article 6 & 8: Migrants and overseas Indians → lose
citizenship if they take foreign nationality.
- Article 11: Parliament can make laws about
citizenship.
- Implemented through Section 9 of the
Citizenship Act, 1955 (loss of citizenship by acquiring foreign
nationality).
Legal Interpretation
- The Supreme Court in Izhar Ahmad Khan v.
Union of India (1962) held:
- Voluntary acquisition of a foreign
passport amounts to voluntary acquisition of foreign citizenship.
- Burden of proof lies on the person
claiming to be an Indian citizen.
- Kehar Singh v. Union of India (1988):
- A person cannot enjoy the benefits of
Indian citizenship while holding another country’s passport.
Modern Relevance
- Even today, if an Indian citizen takes
foreign nationality voluntarily, Indian citizenship is automatically
terminated.
- OCI (Overseas Citizenship of India) is not dual citizenship; it is a
form of lifelong visa and limited rights.
Comparison with Other
Countries
- USA, UK: Allow dual citizenship.
- India: Follows single citizenship principle → Strong national
unity.
Key Points in Simple
Terms
✔ No Indian citizen can hold two citizenships.
✔ If you voluntarily
acquire another country’s citizenship, you lose Indian citizenship.
✔ Applies to those who became
citizens under Articles 5, 6, or 8.
✔ Basis of law: Section 9,
Citizenship Act, 1955.
Conclusion
Article 9 is a negative
provision that restricts Indian citizenship in case of voluntary foreign
nationality. It was framed to ensure complete allegiance to India
and prevent divided loyalties. Even today, this principle holds strong,
as India does not allow dual citizenship, reinforcing the unity and
sovereignty of the nation.
Here are 50 Multiple Choice Questions (MCQs) on Article 9 of
the Indian Constitution, with answers and explanations for competitive exams:
Basic Understanding
(1–10)
1. Article 9 of the
Indian Constitution states that:
(a) Every person born in India is a citizen
(b) No person shall be a citizen of India if he has voluntarily acquired
foreign citizenship
(c) Indians abroad will retain Indian citizenship automatically
(d) Parliament can make laws on citizenship
✅ Answer:
(b)
✔ Explanation: Article 9 says if a person voluntarily
acquires foreign citizenship, he is not an Indian citizen.
2. Article 9 deals
with:
(a) Acquisition of Indian citizenship
(b) Loss of Indian citizenship due to voluntary foreign citizenship
(c) Grant of dual citizenship
(d) Citizenship by registration
✅ Answer:
(b)
✔ Explanation: It concerns loss of
citizenship by acquiring foreign nationality.
3. Which principle does
Article 9 reflect?
(a) Dual citizenship
(b) Jus soli
(c) Single citizenship
(d) Jus sanguinis
✅ Answer:
(c)
✔ Explanation: India follows the principle
of single citizenship.
4. Which Articles are
overridden by Article 9?
(a) Articles 5, 6, and 8
(b) Articles 7 and 10
(c) Articles 12 and 13
(d) Articles 1 and 2
✅ Answer:
(a)
✔ Explanation: Even if a person qualifies
under Article 5, 6, or 8, he loses citizenship if he takes foreign
nationality.
5. What is the key word
in Article 9?
(a) Automatic
(b) Voluntary
(c) Mandatory
(d) Fundamental
✅ Answer:
(b)
✔ Explanation: Voluntary acquisition of
foreign citizenship leads to loss of Indian citizenship.
6. Does Article 9 allow
dual citizenship?
(a) Yes
(b) No
(c) Only for NRIs
(d) Only with government permission
✅ Answer:
(b)
✔ Explanation: Dual citizenship is not
permitted in India.
7. Under Article 9, a
person who acquires foreign citizenship:
(a) Continues to be Indian citizen
(b) Becomes a citizen of both countries
(c) Ceases to be Indian citizen
(d) Needs Supreme Court permission to retain
✅ Answer:
(c)
✔ Explanation: Indian citizenship ends
automatically on voluntary acquisition of foreign citizenship.
8. Article 9 applies to
persons who were citizens under:
(a) Article 5 only
(b) Articles 5, 6, or 8
(c) Articles 6 and 7 only
(d) Articles 8 and 11
✅ Answer:
(b)
✔ Explanation: It applies to persons under Articles
5, 6, or 8.
9. When did Article 9
come into effect?
(a) 26 January 1949
(b) 15 August 1947
(c) 26 January 1950
(d) 1 April 1951
✅ Answer:
(c)
✔ Explanation: It came into effect with the Constitution
on 26 January 1950.
10. Which law
implements the provision of Article 9?
(a) Indian Independence Act, 1947
(b) Government of India Act, 1935
(c) Citizenship Act, 1955
(d) Passport Act, 1967
✅ Answer:
(c)
✔ Explanation: Citizenship Act, 1955,
Section 9 deals with this.
Legal and Procedural
(11–20)
11. Which Section of
the Citizenship Act, 1955 deals with loss of citizenship due to foreign
nationality?
(a) Section 3
(b) Section 5
(c) Section 7
(d) Section 9
✅ Answer:
(d)
✔ Explanation: Section 9 specifies loss
of citizenship.
12. Voluntary
acquisition of which of the following will lead to loss of Indian citizenship?
(a) Foreign passport only
(b) Foreign voting rights
(c) Foreign citizenship
(d) Foreign work visa
✅ Answer:
(c)
✔ Explanation: Only foreign citizenship,
not passport or visa, leads to loss.
13. Which phrase in
Article 9 indicates the intent of the person?
(a) Notwithstanding anything
(b) Voluntarily acquired
(c) Citizenship by birth
(d) Overseas citizen
✅ Answer:
(b)
✔ Explanation: The term voluntarily
shows intention.
14. If a person takes
foreign citizenship involuntarily (by law of another country), is Article 9
applicable?
(a) Yes, always
(b) No, intention matters
(c) Only with government order
(d) Only if Supreme Court directs
✅ Answer:
(b)
✔ Explanation: Voluntary acquisition is
the key condition.
15. Which of the
following indicates voluntary foreign citizenship?
(a) Applying for foreign passport
(b) Serving in foreign army
(c) Pledging allegiance to a foreign country
(d) All of the above
✅ Answer:
(d)
✔ Explanation: All actions show voluntary
acceptance of foreign nationality.
16. Which authority
decides disputes regarding loss of citizenship under Article 9?
(a) Supreme Court
(b) High Court
(c) Central Government
(d) Election Commission
✅ Answer:
(c)
✔ Explanation: Central Government
decides as per Citizenship Act.
17. Does OCI (Overseas
Citizenship of India) mean dual citizenship?
(a) Yes
(b) No
(c) Yes, but partially
(d) Yes, for voting rights
✅ Answer:
(b)
✔ Explanation: OCI is not dual citizenship,
just a special visa status.
18. Which Article gives
Parliament power to make laws on loss of citizenship?
(a) Article 8
(b) Article 9
(c) Article 10
(d) Article 11
✅ Answer:
(d)
✔ Explanation: Article 11 empowers
Parliament to make citizenship laws.
19. Article 9 does not
apply to:
(a) People under Article 5
(b) People under Article 6
(c) People under Article 8
(d) People under Article 7
✅ Answer:
(d)
✔ Explanation: Article 7 relates to Pakistan
migrants; Article 9 mentions 5, 6, and 8 only.
20. Which
constitutional principle does Article 9 uphold?
(a) Equality
(b) Sovereignty and integrity
(c) Freedom of movement
(d) Universal adult franchise
✅ Answer:
(b)
✔ Explanation: It ensures exclusive
allegiance to India.
Case Law and Examples
(21–30)
21. Which case
clarified that acquiring a foreign passport is proof of foreign citizenship?
(a) Maneka Gandhi v. Union of India
(b) Izhar Ahmad Khan v. Union of India
(c) Berubari case
(d) Sarbananda Sonowal v. Union of India
✅ Answer:
(b)
✔ Explanation: Izhar Ahmad Khan (1962)
clarified this.
22. In which case did
the court hold that Indian citizenship cannot be retained while holding a
foreign passport?
(a) Sarbananda Sonowal case
(b) Kehar Singh case
(c) Indira Gandhi case
(d) Kesavananda Bharati case
✅ Answer:
(b)
✔ Explanation: Kehar Singh v. Union of
India reaffirmed this.
23. Ramesh, an Indian
citizen, voluntarily becomes a U.S. citizen. Under Article 9, he:
(a) Remains Indian citizen
(b) Loses Indian citizenship
(c) Becomes citizen of both countries
(d) Needs permission from President
✅ Answer:
(b)
✔ Explanation: Voluntary foreign citizenship =
loss of Indian citizenship.
24. Which of the
following indicates voluntary foreign citizenship?
(a) Applying for foreign passport
(b) Taking oath of allegiance to foreign State
(c) Serving in foreign defense forces
(d) All of these
✅ Answer:
(d)
✔ Explanation: All actions show voluntary
acceptance.
25. A person acquires
foreign citizenship under compulsion of law. Does Article 9 apply?
(a) Yes
(b) No
(c) Only with Home Ministry order
(d) Only if court confirms
✅ Answer:
(b)
✔ Explanation: Only voluntary acquisition
counts.
Here are the remaining
25 MCQs (26–50) on Article 9 of the Indian Constitution with answers and
explanations:
Interpretation and
Advanced Questions (26–35)
26. Article 9 was
included to prevent which of the following?
(a) Statelessness
(b) Dual citizenship
(c) Citizenship by registration
(d) Citizenship by birth abroad
✅ Answer:
(b)
✔ Explanation: Article 9 ensures India does
not allow dual citizenship.
27. If a person
acquires foreign citizenship, which law cancels Indian citizenship?
(a) Constitution directly
(b) Citizenship Act, 1955
(c) Passport Act
(d) Foreigners Act
✅ Answer:
(b)
✔ Explanation: The Citizenship Act, 1955,
Section 9 handles this.
28. Does Article 9
apply to minors acquiring foreign citizenship through parents?
(a) Yes, always
(b) No, because it is not voluntary
(c) Yes, if parents consent
(d) No, minors are exempt permanently
✅ Answer:
(b)
✔ Explanation: Voluntariness is
essential; minors cannot give consent.
29. Can Parliament
create exceptions to Article 9 through law?
(a) Yes, under Article 11
(b) No, it is absolute
(c) Yes, by constitutional amendment only
(d) Yes, through executive orders
✅ Answer:
(a)
✔ Explanation: Article 11 gives
Parliament power to regulate citizenship.
30. Which of the
following shows loss of citizenship under Article 9?
(a) Holding OCI card
(b) Voting in a foreign election after naturalization
(c) Applying for foreign work visa
(d) Traveling abroad on Indian passport
✅ Answer:
(b)
✔ Explanation: Naturalization + voting
abroad = voluntary foreign citizenship.
Comparison and Modern
Context (36–40)
31. Which countries
allow dual citizenship unlike India?
(a) USA
(b) UK
(c) Canada
(d) All of the above
✅ Answer:
(d)
✔ Explanation: These countries allow dual
nationality, unlike India.
32. Overseas
Citizenship of India (OCI) was introduced in:
(a) 1955
(b) 1995
(c) 2005
(d) 2010
✅ Answer:
(c)
✔ Explanation: OCI was introduced under the Citizenship
(Amendment) Act, 2005.
33. Why is OCI not
considered dual citizenship?
(a) Because it gives voting rights
(b) Because it is only a visa-like facility
(c) Because it gives parliamentary representation
(d) Because it gives military rights
✅ Answer:
(b)
✔ Explanation: OCI only gives visa
privileges, not political rights.
34. Which principle
underlies Article 9?
(a) Jus soli
(b) Jus sanguinis
(c) Exclusive allegiance
(d) Global citizenship
✅ Answer:
(c)
✔ Explanation: Article 9 ensures exclusive
allegiance to India.
35. In which year did
the Citizenship Act incorporate provisions similar to Article 9?
(a) 1947
(b) 1950
(c) 1955
(d) 1961
✅ Answer:
(c)
✔ Explanation: The Citizenship Act, 1955
gave effect to these provisions.
Scenario-Based and
Applied (41–50)
36. Mohan, an Indian
citizen, applies for and obtains U.S. citizenship. What happens?
(a) He remains Indian citizen
(b) He automatically loses Indian citizenship
(c) He retains both unless government cancels
(d) He can keep both by paying fees
✅ Answer:
(b)
✔ Explanation: Automatic termination
upon acquiring U.S. citizenship.
37. Priya, an Indian
citizen, marries a Canadian citizen and takes Canadian nationality. Does she
retain Indian citizenship?
(a) Yes, by marriage
(b) No, marriage does not override Article 9
(c) Yes, with Indian government approval
(d) Yes, if she lives in India
✅ Answer:
(b)
✔ Explanation: Marriage does not allow dual
nationality.
38. A person acquires
foreign citizenship under threat or force. Does Article 9 apply?
(a) Yes
(b) No, because it was not voluntary
(c) Yes, after investigation
(d) No, if they return to India
✅ Answer:
(b)
✔ Explanation: Voluntary action is the
key criterion.
39. Who decides whether
a person has voluntarily acquired foreign citizenship?
(a) Supreme Court
(b) Parliament
(c) Central Government
(d) Election Commission
✅ Answer:
(c)
✔ Explanation: Under Section 9 of
Citizenship Act, Central Government decides.
40. If a person holds a
foreign passport but claims Indian citizenship, the burden of proof lies on:
(a) Government
(b) Person concerned
(c) Court
(d) Foreign country
✅ Answer:
(b)
✔ Explanation: As per Izhar Ahmad Khan case,
burden is on the individual.
41. Which Article in
the Constitution deals with Parliament’s power to regulate citizenship laws?
(a) Article 9
(b) Article 10
(c) Article 11
(d) Article 12
✅ Answer:
(c)
✔ Explanation: Article 11 gives this
power.
42. If an Indian
citizen voluntarily serves in the armed forces of a foreign country, does
Article 9 apply?
(a) Yes
(b) No
(c) Only with court order
(d) Only if government notifies
✅ Answer:
(a)
✔ Explanation: Serving a foreign military =
voluntary allegiance to another State.
43. Does Article 9
apply to refugees or asylum seekers?
(a) Yes, always
(b) No, only if they take foreign nationality
(c) Yes, if they leave India
(d) No, they retain Indian citizenship
✅ Answer:
(b)
✔ Explanation: Only foreign nationality
leads to loss.
44. Which international
principle does Article 9 uphold?
(a) Principle of nationality and allegiance
(b) Principle of asylum
(c) Principle of dual nationality
(d) Principle of naturalization
✅ Answer:
(a)
✔ Explanation: It reflects exclusive
allegiance to one nation.
45. Is there any
constitutional provision for regaining Indian citizenship after losing it under
Article 9?
(a) No, never
(b) Yes, under Citizenship Act, 1955
(c) Yes, by Supreme Court order
(d) Yes, by President’s pardon
✅ Answer:
(b)
✔ Explanation: Citizenship Act allows re-naturalization.
46. Can a person vote
in India after acquiring foreign citizenship voluntarily?
(a) Yes
(b) No
(c) Yes, if they hold OCI
(d) Yes, if they have Aadhaar
✅ Answer:
(b)
✔ Explanation: Loss of citizenship = loss
of voting rights.
47. Which modern card
scheme is based on the spirit of connecting overseas Indians without giving
dual citizenship?
(a) Green Card
(b) OCI Card
(c) Aadhar Card
(d) PR Visa
✅ Answer:
(b)
✔ Explanation: OCI scheme is based on
this principle.
48. Which Article
complements Article 9 by giving Parliament power to legislate?
(a) Article 8
(b) Article 10
(c) Article 11
(d) Article 12
✅ Answer:
(c)
✔ Explanation: Article 11 enables
detailed laws.
49. Which type of
citizenship is prohibited under Article 9?
(a) Single
(b) Multiple or dual
(c) Naturalized
(d) Ancestral
✅ Answer:
(b)
✔ Explanation: Dual citizenship is
prohibited.
50. Why was Article 9
included in the Constitution?
(a) To allow multiple citizenship
(b) To ensure exclusive allegiance to India
(c) To allow global mobility
(d) To protect foreign investors
✅ Answer:
(b)
✔ Explanation: It was inserted to maintain sovereignty
and unity.
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