Article 10 of the Indian Constitution: Continuance of Rights of Citizenship Explainer

12/1/20232 min read

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Introduction

The Indian Constitution is a comprehensive document that lays down the framework for the governance of the country. It not only establishes the structure of the government but also guarantees certain fundamental rights to its citizens. One such important provision is Article 10, which deals with the continuance of rights of citizenship. In this article, we will explore the significance and implications of Article 10 in the Indian context.

Understanding Article 10

Article 10 of the Indian Constitution states that every person who is a citizen of India under the provisions of the Citizenship Act, 1955, shall continue to be a citizen of India. This means that if an individual is already a citizen of India at the time of the enactment of the Constitution, their citizenship rights will be protected and continue to be valid.

Article 10 ensures that the rights and privileges enjoyed by citizens before the adoption of the Constitution are not taken away or diluted. It provides a sense of security and stability to existing citizens, assuring them that their status as Indian citizens will not be affected by the new constitutional order.

Significance of Article 10

Article 10 plays a crucial role in safeguarding the rights and interests of individuals who were already citizens of India before the Constitution came into effect. It recognizes and protects their pre-existing rights and privileges, ensuring that they are not deprived of their citizenship or subjected to any discriminatory treatment.

This provision is particularly important in a diverse country like India, where people belonging to different religions, languages, and cultures coexist. Article 10 upholds the principle of equality before the law and prevents any form of discrimination based on citizenship status.

Furthermore, Article 10 also ensures that individuals who have acquired citizenship through naturalization or other means are not at risk of losing their status due to the adoption of the new Constitution. It provides a sense of certainty and stability to these individuals, allowing them to fully participate in the social, political, and economic life of the country.

Implications of Article 10

Article 10 has several implications for the citizens of India. Firstly, it guarantees the protection of their fundamental rights, such as the right to equality, freedom of speech and expression, and the right to life and personal liberty. These rights are not limited to a particular group of citizens but are applicable to all individuals who are recognized as citizens under the Citizenship Act, 1955.

Secondly, Article 10 ensures that citizens can enjoy the benefits and privileges that come with their citizenship, such as the right to vote, the right to hold public office, and the right to access government services and welfare schemes. It ensures that these rights are not arbitrarily taken away or restricted.

Additionally, Article 10 also affects the process of acquiring citizenship. It establishes the principle of continuity, which means that individuals who were already citizens before the Constitution came into effect do not need to go through any additional procedures to validate their citizenship. Their existing citizenship is recognized and protected.

Conclusion

Article 10 of the Indian Constitution is a vital provision that ensures the continuance of rights of citizenship for individuals who were already citizens of India before the adoption of the Constitution. It protects their existing rights and privileges, prevents discrimination based on citizenship status, and provides a sense of stability and certainty. By upholding the principles of equality and fairness, Article 10 plays a crucial role in maintaining the integrity and inclusivity of the Indian citizenship framework.