Introduction

The constitutional amendment proposed by Dr. B.R. Ambedkar, distinguished articles 5 and 6 and caused a split leading them to exist as independent articles. On 12 august 1949, the amendment was adopted by the Constituent Assembly , The proviso conditioned to Article 5 was separated eventually continuing the other Article as independent.

The independent new article tends to disqualify a person of a state if he or she acquires citizenship of a foreign state. The particular article was qualified and published as Article 9 with minor verbal modifications.

Article 9: Constitution Of India

Persons voluntarily acquiring citizenship of a foreign State not to be citizens.—No person shall be 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.

Judicial Pronouncements and Amendments

In Bommai vs Union Of India, the Supreme Court judicially interpreted in context of Acquisition of Foreign Citizenship in Article 9 of the Indian Constitution that ‘ Cases of voluntary acquisition of Citizenship after the commencement of the Constitution have to be dealt with by the Government of India, under the Citizenship Act 1955.

In Akbar Khan Alam Khan vs Union Of India it was judicially interpreted in context of Citizenship under Article 9 that ‘ the civil courts are not prevented by this provision from determining other questions concerning nationality of a person’.

Similarly In Mohd. Khan vs Commissioner of Police Madras the Supreme Court judicially interpreted that in accordance with section 9(2) ‘ the power to determine whether Indian Citizenship is terminated upon the specified authority and in exercising that power the authority is guided by the statutory rules of evidence. It would be impossible to hold that termination of Indian Citizenship depends upon action of a foreign country in issuing the Passport’.

Conclusion

Article 9 propagates the principle of of dual or plural citizenship not acceptable under the constitution. It only covers cases of acquisition of Citizenship before the commencement of the Constitution. It excludes disqualification on grounds of somebody being or continuing to be a citizen of foreign state by virtue of the laws of that state.