Persons voluntarily acquiring citizenship of a foreign State not to be citizens
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part II, Article 9
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- Not yet checked
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AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.
1. In One Sentence
Article 9 bars citizenship under Articles 5, 6 or 8 at the Constitution’s commencement after voluntary acquisition of foreign citizenship; later termination is governed by section 9 of the Citizenship Act, 1955.
2. What It Means in Everyday Language
Article 9 establishes the foundational principle of single citizenship at the commencement of the Republic: no person could claim Indian citizenship under Article 5, or be deemed a citizen under Articles 6 or 8, if they had voluntarily acquired citizenship of a foreign State prior to 26 January 1950.
Constitutional vs. statutory distinction: As settled by the Supreme Court of India in State of U.P. v. Shah Mohammad (AIR 1969 SC 1234), Article 9 applies strictly to voluntary acquisitions of foreign nationality prior to the commencement of the Constitution. It does not govern the termination of citizenship acquired after 26 January 1950.
Post-commencement regulation by Parliament: Section 9(1) of the Citizenship Act, 1955 provides for termination upon voluntary acquisition of another country’s citizenship. When whether, when or how that acquisition occurred is in question, Section 9(2) assigns the determination to the prescribed authority under the applicable rules.
Important distinction for citizens today: The "Overseas Citizen of India" (OCI) card is often mistakenly called dual citizenship. Legally, OCI is not citizenship—OCI cardholders are foreign citizens holding a life-long visa and residency rights, but they cannot vote, run for public office, or hold government employment in India.
3. Practical Illustrative Example
A historical applicant in 1950 sought recognition as an Indian citizen under Article 5 by domicile and birth, but had voluntarily naturalized in another country prior to 26 January 1950.
4. Important Limits, Qualifications & Exceptions
Constitutional disqualification at commencement barring initial citizenship to holders of voluntary foreign allegiance.
- Commencement-specific bar: Operates specifically on the citizenship determinations made at the threshold of 26 January 1950 under Articles 5, 6, and 8.
- Post-1950 regulation by Parliament: Subsequent loss or termination of citizenship is governed by Section 9 of the Citizenship Act, 1955 under Parliament's Article 11 powers.
- Voluntary requirement: Applies only where foreign allegiance was acquired by voluntary choice, application, or naturalization.
- Single allegiance principle: Reaffirms that the Indian constitutional framework recognizes only one undivided Indian citizenship.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Ministry of Law and Justice, Government of India (Legislative Department, Ministry of Law and Justice) • Part II, Article 9 • Human source-link check pending
Official consolidated text of the Constitution published by the Legislative Department, Ministry of Law and Justice. Article 9 wording and commencement scope were compared with this PDF using AI assistance on 21 October 2026; human source-link check and legal review remain pending.
- •Lok Sabha Secretariat (Parliament of India / Lok Sabha Secretariat) • Volume IX, 10 August 1949 • Human source-link check pending
Official verbatim record of Constituent Assembly proceedings published by the Lok Sabha Secretariat.
- •India Code (Parliament of India) • Section 9(1)–(2) • Human source-link check pending
Statutory termination rule for voluntary acquisition of foreign citizenship after commencement; distinct from constitutional Article 9.
- •Supreme Court of India • AIR 1969 SC 1234; judgment dated 13 March 1969 • Human source-link check pending
Distinguishes foreign citizenship acquired before the Constitution from later acquisitions governed by section 9 of the Citizenship Act.