Citizenship at Commencement: Article 5 Explained

The question asks to identify the provision in Part II of the Indian Constitution that defines a basis for citizenship at the commencement of the Constitution, specifically where one of the person's parents was born in India.

Identifying the Correct Constitutional Provision

Part II of the Indian Constitution (Articles 5 to 11) deals with citizenship. We need to examine these articles to find the one that addresses citizenship right at the commencement of the Constitution and includes the specified criteria.

• Article 5: This article defines citizenship at the commencement of the Constitution. It lays down conditions related to domicile, birth in India, or parents born in India.
• Article 6: This article deals with the citizenship of persons who have migrated to India from Pakistan.
• Article 8: This article covers citizenship for persons of Indian origin residing outside India.
• Article 9: This article states that a person who voluntarily acquires citizenship of a foreign country cannot be a citizen of India.

Article 5 and Parentage Basis

Article 5 is the relevant provision as it deals directly with citizenship at the commencement of the Constitution (26th January 1950). One of the conditions mentioned under Article 5 for determining citizenship at commencement relates to the parentage of the individual.

Specifically, Article 5 includes the provision that a person shall be deemed to be a citizen of India if they were born in India, or if their father or mother was born in India.

Therefore, Article 5 correctly defines one basis for citizenship at commencement where either parent was born in India.