Article 5 of Constitution of India – Citizenship at the commencement of the Constitution.
Article 5 of Constitution of India deals with Citizenship at the commencement of the Constitution.
Original text of Article 5 of Constitution of India
At the commencement of this Constitution, every person who has his domicile in the territory of India and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
Questions related to Article 5 of Constitution of India
Article 5 defines who was considered a citizen of India when the Constitution of India came into effect in 1950. It mainly focuses on people residing in India at that time and their eligibility for citizenship.
Article 5 is just the starting point. It’s followed by Articles 6 to 11, which explain other citizenship scenarios like migration from Pakistan or foreign descent. These Articles of Indian Constitution collectively shaped India’s initial citizenship rules.
While Article 5 laid the foundation, today’s citizenship rules are governed by the Citizenship Act, 1955. However, Article 5 remains a crucial historical reference point in the Indian Constitution.
If you search Indian Kanoon for Article 5, you’ll find interpretations and court rulings explaining who qualified as an Indian citizen at the time of the Constitution’s commencement. It’s great for legal clarity and UPSC prep.
No, Article 5 did not allow dual citizenship. In fact, the Constitution of India doesn’t recognize dual citizenship even today, and this principle started right from Article 5.
For Further Reference:
Other Related Links:
