Article 10 Continuance of the Rights of Citizenship
By Vanshika Saini
Table of Contents
Introduction
The Constitutional Advisor prepared the First Draft containing clauses 4,5,6,6A and 7 regarding Citizenship, specifically for the people born after the commencement of the Constitution. The sole aim was to disband the double loyalties and double Citizenship.
The prospect was laid down according to the Commonwealth of Australia Act 1900 clause 6A that the foreign nationals would stand disqualified for membership of federal Parliament or any legislature or unit.
After certain drafting and amendments it was adopted on 12th August 1949, to modify the language such as ‘ or is deemed to be’ after the words ‘ every person who is’ renumbered as Article 10 and produced in the Constitution.
Article 10
Continuance of the rights of citizenship.—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.
Judicial Interpretation
Article 10 states that’ Right of the Citizenship cannot be taken away from a citizen except through express parliamentary legislation made under Article 11′ This particular judgement was upheld in Ebrahim Wazir vs State of Bombay.
In State of Maharashtra vs Prabhakar the apex court ruled that ‘ the term “every person” covers persons who may be in jail under trial or who may be undergoing imprisonment’.
In Prithvi vs Union of India the Supreme Court held the following judicial interpretation it covers ‘ subject to Parliament’s powers under the articles 11 and 33, members of the armed forces’
In State Trading Corporation Of India Ltd. v. Commercial Tax Officer the apex court ruled that ‘ natural persons however were covered and not Judicial persons like corporations and companies.
Conclusion
The significance of Article 10 is in guaranteeing the continuance after the commencement of the Constitution of rights of Citizenship that accrued to any person at the commencement of the Constitution under Articles 5 to 9.
It meant that Article 10 was in nature of an interim agreement to continue the status quo till Parliament was able to legislate in that matter.
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