State of Madhya Pradesh vs. Peer Mohd.

and Anr (AIR 1963 SC 645)

(Para 8)
Article 5 provides that at the commencement of the constitution, every person
who has his domicile in the territory of India and who satisfies one or the other
of the three tests prescribed by cls. (a), (b) and (c), shall be a citizen of India.
Article 6 deals with persons who have migrated to the territory of India from
Pakistan and it provides that they shall be deemed to be citizens of India at the
commencement of the Constitution if they satisfy the requirements of clauses (a)
& (b). In other words, Art. 6 extends the right of citizenship to persons who would
not satisfy the test of Art. 5, and so, persons who would be entitled to be treated
as citizens of India at the commencement of the Constitution are covered by Arts.
5 and 6.
Articles 10 and 11 then lay down that the rights of citizenship prescribed by Arts.
5 and 6 shall be subject to the provisions of any law that may be made by
Parliament; that is to say, the said rights will continue unless they are otherwise
affected by any law made by Parliament in that behalf. Article 11 makes it clear
that the provisions of Part II will not derogate from the power of Parliament to
make any provision with respect to the acquisition and termination of citizenship
and all other matters relating to citizenship. That, in brief, is the scheme of Part
II.

Rashtriya Mukti Morcha, through its President, Ravinder Kumar vs.

Union of India (UOI), through Secretary, Ministry of Home Affairs and
Election Commission of India, through Secretary of the Commission
[137(2007)DLT195 ] (Para 81, 85)
In order to understand the burning desire of the founding fathers of the
Constitution, we must understand that when Article 5 has been inserted it was for
a purpose to give citizenship and identify it to its citizens at that time and after
considerable debate they left it to the wisdom of Parliament to deal this sensitive
issue of citizenship by elected members in a democratic manner to grant or not to
grant either civic or political rights by making a provision under Article 11 of the
Constitution of India.
From the plain reading of Article 11 it is manifestly clear that all the provisions
from Article 5 to Article 10 shall not derogate the power of Parliament to make
any provisions with regard to acquisition and termination of citizenship and all
other matters relating to citizenship. In its ingenuity the petitioner contended that
the phrase "all other matters relating to citizenship" only deals with acquisition
and termination of citizenship. From the plain and simple reading of Article 11
the words used "acquisition and termination of citizenship and all other matters"
make it clear that not only matters pertaining to acquisition and termination of
citizenship but for all other matters relating to citizenship, the power of
Parliament was unbridled and Parliament could legislate on all such matters.

Article 10. Continuance of the rights of citizenship.-

Every person who is or is deemed to be a citizen of India under Article 5-9
remains citizen but subjected the laws may be made by parliament.

Article 11. Parliament to regulate the right of citizenship by law.

- new provisions may be regulated under articles 510 but shall not reduce the
power of Parliament to make any provision with respect to receive and loose of
citizenship and all other matters relating to citizenship.

In simple words, the power to regulate laws relating to the right of citizenship
under Article 510 is given to parliament in article 11 either to accept or to reject
the citizenship of a person.