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Question

Under Article 5 of the Indian Constitution, which of the following is NOT required for a person to be considered a citizen at the commencement of the Constitution?

The correct answer is
Holding an Indian passport

Understanding Article 5: Indian Citizenship at Constitution's Commencement

Article 5 of the Indian Constitution defines who became a citizen of India automatically when the Constitution commenced on January 26, 1950. It outlines specific criteria that a person needed to meet at that point in time.

Conditions for Citizenship Under Article 5

To be considered a citizen of India at the commencement of the Constitution, a person generally needed to meet the conditions related to their connection with India. These included:

  • Having a domicile in the territory of India.
  • Additionally, fulfilling at least one of the following criteria:
    • Being born in India.
    • Having at least one parent born in India.
    • Having ordinarily resided in the territory of India for not less than five years immediately preceding such commencement.

Analyzing the Options

Let's examine each option provided in the context of Article 5:

  • Option 1: Holding an Indian passport - A passport is typically issued by a country to its citizens for international travel, signifying citizenship. However, the requirement for citizenship at the *commencement* of the Constitution was based on domicile, birth, parentage, or residency, not on possessing a document like a passport, which became standardized later. Therefore, holding an Indian passport was NOT a prerequisite for citizenship under Article 5 at that specific historical moment.
  • Option 2: Having at least one parent born in India - This condition, along with domicile, was one of the ways to establish citizenship at the commencement of the Constitution as per Article 5.
  • Option 3: Having domicile in the territory of India - Domicile in India was a fundamental requirement under Article 5. Without it, the other conditions related to birth or parentage would not suffice on their own.
  • Option 4: Being born in India - Being born in India, coupled with having a domicile in India at the commencement, was another criterion that granted citizenship under Article 5.

Conclusion on Citizenship Requirements

Based on the text of Article 5, the conditions required were primarily related to one's connection to India through domicile, birth, parentage, or long-term residence. The possession of an Indian passport is a modern administrative document and was not stipulated as a requirement for citizenship at the time the Constitution came into effect.

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Important Questions from Citizenship

  1. Where can people of Indian origin living abroad apply for Indian citizenship under Article 8?
  2. Which of the following documents are NOT required under CAA 2019 to apply for Indian citizenship?

  3. Which of the following communities was NOT included for fast-track citizenship under Citizenship Amendment Act (CAA) of 2019?
  4. What was the main change introduced by the 2015 Amendment to the Citizenship Act?
  5. What happens when an Indian citizen renounces their citizenship?
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