Article 9 of the Indian Constitution – No Dual Citizenship in India

Article 9 of the Indian Constitution – Citizenship and Voluntary Acquisition of Foreign Citizenship

Citizenship is the legal bond between an individual and a state, defining the rights, privileges, and duties of the person in that nation. The Indian Constitution, under Part II (Articles 5 to 11), deals with the subject of citizenship at the commencement of the Constitution. While Articles 5 to 8 lay down who would be deemed a citizen of India on 26 January 1950, Article 9 specifically addresses the situation of individuals who voluntarily acquire citizenship of a foreign country.

This provision acts as a safeguard to ensure that the loyalty of Indian citizens remains with India alone, avoiding any possibility of “dual allegiance” or “dual citizenship” at the constitutional level. Article 9 is brief but highly significant in the context of national integrity and sovereignty.

Text of Article 9

The text of Article 9 is:

"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."

This means that even if a person originally qualifies as a citizen under the constitutional provisions, they automatically lose their Indian citizenship if they voluntarily become a citizen of another country.

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Understanding Article 9 in Simple Terms

Article 9 is like a clear-cut filter in citizenship law. Imagine that you were an Indian citizen at the time the Constitution came into force, or you became one by virtue of migration rules from Pakistan or by residing abroad as covered under Articles 5 to 8. Even in these cases, if you chose to accept the citizenship of another country, you would automatically lose your Indian citizenship.

The keyword here is “voluntarily.” If the acquisition of foreign citizenship is due to your choice—such as applying for and accepting it—then Article 9 will apply. This provision ensures that the constitutional recognition of citizenship is exclusive, meaning India does not entertain the concept of holding citizenship of two countries at the same time.

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Background and Reason for Article 9

The inclusion of Article 9 was influenced by the historical circumstances at the time of independence. After the Partition of India in 1947, large-scale migrations took place between India and Pakistan. Many people found themselves in complicated situations—living in one country but having roots, property, or family in the other. There was a need to clearly define who would remain Indian citizens and who would not.

Additionally, leaders of independent India believed in the principle of single citizenship at the national level, similar to the British model. Dual citizenship was seen as potentially problematic because it could create divided loyalties, especially in a newly independent nation trying to build unity.

The framers of the Constitution feared that if dual citizenship was allowed, it might lead to security risks, diplomatic conflicts, or challenges in enforcing laws. Article 9 thus made it clear that voluntarily accepting foreign citizenship means giving up Indian citizenship.

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Key Points in Article 9

1. Applies to Citizens under Articles 5, 6, and 8 - Even if someone was an Indian citizen by residence, migration rules, or being abroad at the commencement of the Constitution, they would lose citizenship if they acquired foreign citizenship.

2. Voluntary Action is the Trigger - The loss of citizenship is linked to the voluntary acquisition of another country’s citizenship. This means the person’s choice plays a decisive role.

3. Automatic Loss of Citizenship - The loss of Indian citizenship under Article 9 is automatic. It doesn’t require a separate court judgment or government order. Once foreign citizenship is acquired, constitutional recognition as an Indian citizen ends.

4. No Dual Citizenship - Article 9 reinforces that India does not allow dual citizenship in the political sense. People of Indian origin living abroad can have an Overseas Citizen of India (OCI) card, but that is not the same as full citizenship.

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Citizenship Act, 1955 and Article 9

While Article 9 deals with the principle, the Citizenship Act, 1955 lays down the detailed procedure for acquisition and loss of citizenship.

• Section 9 of the Citizenship Act says that if an Indian citizen voluntarily acquires the citizenship of another country, they cease to be an Indian citizen from the date of that acquisition.

• It also clarifies how to determine whether the acquisition was voluntary or not, and provides for legal proceedings if there is a dispute.

Thus, Article 9 and Section 9 of the Citizenship Act work together—Article 9 provides the constitutional foundation, and the Act gives the operational rules.

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What Does “Voluntarily” Mean?

The meaning of “voluntarily” has been discussed in several court cases. In general, the following points are important:

• If a person applies for citizenship in another country and accepts it, it is voluntary.

• If foreign citizenship is given automatically due to a country’s laws (for example, by marriage or birth in that country) but the person actively accepts the rights and passport of that country, it is considered voluntary.

• If the foreign citizenship was given without the person’s knowledge or against their will, Article 9 may not apply.

Courts look at the intention and actions of the person to determine whether the acquisition was truly voluntary.

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Judicial Interpretation of Article 9

Izhar Ahmad Khan v. Union of India (1962)

The Supreme Court clarified that once a person has voluntarily acquired citizenship of another country, they automatically lose Indian citizenship under Article 9. No separate order from the Government of India is necessary for this loss to take effect.

Government of India v. Joyce Zeenath (1990)

The Court held that if a person takes an oath of allegiance to another country, it is strong evidence of voluntarily acquiring its citizenship, and hence, Indian citizenship ends.

Fazalbhoy v. Union of India (1967)

It was observed that holding a foreign passport is clear proof of foreign citizenship and triggers the application of Article 9.

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Criticism of Article 9

While Article 9 serves the purpose of maintaining national unity, it has faced some criticism:

1. Rigid Approach - In a globalized world, many countries allow dual citizenship to facilitate economic, cultural, and social connections. Article 9’s strict approach can be seen as outdated.

2. Impact on Diaspora - Many Indians who settle abroad and acquire citizenship of another country for better opportunities lose their Indian citizenship and rights such as owning agricultural land in India.

3. Complicated Determination - Sometimes, determining whether citizenship was acquired voluntarily can be complex, especially when foreign citizenship is granted automatically.

4. Emotional Disconnection - Many people of Indian origin still have strong ties to India, but Article 9 forces them to choose one nationality.

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Why Article 9 is Important

Despite criticism, Article 9 remains crucial for:

• Ensuring undivided loyalty to the Indian nation.

• Preventing political conflicts where a person might have legal obligations to two different countries.

• Maintaining security by avoiding dual allegiances in sensitive positions.

• Preserving constitutional clarity about who is considered an Indian citizen.

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Modern Relevance of Article 9

In the 21st century, migration for education, jobs, and marriage is common. Many Indians have moved to countries like the USA, Canada, UK, and Australia and acquired citizenship there. Under Article 9, they automatically cease to be Indian citizens.

However, the Indian government has introduced OCI (Overseas Citizen of India) status to give such individuals certain rights—like visa-free travel, owning property (except agricultural land), and working in India—without giving them full political rights like voting or contesting elections.

This system tries to balance Article 9’s restrictions with the reality of a global Indian diaspora.

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Examples of Article 9 in Action

1. A software engineer from India becomes a US citizen – They immediately lose their Indian citizenship under Article 9.

2. An Indian living in Australia is granted citizenship automatically after permanent residency – If they accept it and apply for an Australian passport, Article 9 applies.

3. An Indian marries a Canadian citizen and is offered Canadian citizenship – If they accept, they cease to be Indian citizens.

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Conclusion

Article 9 of the Indian Constitution is short in words but powerful in effect. It ensures that the concept of Indian citizenship is exclusive and that no one can simultaneously be a citizen of India and another country. While this rule has faced criticism for being too rigid in today’s interconnected world, it still plays a key role in safeguarding national sovereignty and avoiding legal and political complications.

In the future, debates may arise about whether India should allow dual citizenship like many other countries, but until any constitutional amendment is made, Article 9 stands firm as a guardian of India’s single citizenship principle.

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Related Blog Posts

1. Article 10 of the Indian Constitution – Continuance of the Rights of Citizenship

2. Loss of Citizenship under the Citizenship Act, 1955

3. Overseas Citizen of India (OCI) – Rights and Limitations

4. Citizenship at the Commencement of the Constitution – Articles 5 to 8 Explained

5. Dual Citizenship – Pros and Cons for India