The Constitution of India
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.
Why this exists
When the Constitution was adopted in 1950, Articles 5 to 9 fixed who became a citizen of India at that moment—covering people born in India, migrants from Pakistan, people who left but returned, and Indians living abroad. Article 10 was added to make clear that this citizenship wasn't a one-time, frozen status just for the day the Constitution began. It continues into the future. At the same time, the framers didn't want citizenship rules to be permanently locked into the Constitution's text, so they gave Parliament the power to make ordinary laws about citizenship (like who can lose it, gain it, or hold dual status) without needing a constitutional amendment.
How courts read it
Courts have generally read Article 10 as a bridge between the Constitution's original citizenship provisions and the general law-making power on citizenship recognized in Article 11. The Supreme Court has clarified that while Articles 5 to 9 defined citizenship as it stood at the Constitution's commencement, Article 10 ensures that status doesn't automatically expire—but it also confirms Parliament's authority (used through laws like the Citizenship Act, 1955) to modify who remains a citizen, including rules on renunciation, termination, or acquisition of citizenship.
Common misconceptions
- Myth: Article 10 permanently freezes citizenship rules exactly as they were in 1950.
Fact: It only continues the citizenship status recognized under Articles 5 to 9; it explicitly allows Parliament to make laws that can modify citizenship rules later. - Myth: Article 10 itself defines who is a citizen.
Fact: It doesn't define citizenship—that's done by Articles 5 to 9. Article 10 simply ensures that status continues over time.