Article Citizenship at Constitution Commencement

The Indian Constitution, adopted on 26th January 1950, laid down the framework for the country's governance, including the initial provisions for citizenship. Understanding who qualified as a citizen at the very beginning was a fundamental aspect of establishing the new nation.

Article 5: Defining Citizenship at Commencement

Article 5 of the Indian Constitution specifically addresses the issue of citizenship at the time the Constitution commenced. It lays down the conditions under which a person would be considered a citizen of India from the outset.

According to Article 5, a person shall be deemed to be a citizen of India at its commencement if:

• They have their domicile in the territory of India; AND
• They satisfy at least one of the following conditions:
  • They were born in the territory of India.
  • Either of their parents was born in the territory of India.
  • They had been ordinarily residing in the territory of India for not less than five years immediately preceding the commencement of the Constitution.

Scope of Other Related Articles

While Article 5 defines citizenship at the commencement, other articles in Part II of the Constitution deal with different aspects of citizenship:

• Article 6: This article pertains to the rights of citizenship of certain persons who have migrated to India from Pakistan. It outlines conditions for migrants and their descendants.
• Article 10: This article ensures the continuity of citizenship. It states that any person who is a citizen under the provisions related to citizenship (like Articles 5, 6, and 7) shall continue to be such a citizen, subject to any law made by Parliament.
• Article 11: This article grants the Parliament the power to regulate the right of citizenship. It explicitly states that the power to make laws regarding the acquisition and termination of citizenship, and all other related matters, rests with Parliament.

Therefore, the specific definition of citizenship at the commencement of the Constitution is provided under Article 5.