Constitution of India · Section Article 5

Citizenship at the commencement of the Constitution

Article 5 — Citizenship at the commencement of the Constitution

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.

Plain English Summary

This article explains who was automatically considered a citizen of India when the Constitution first came into effect. A person became a citizen if they were born in India, if one of their parents was born in India, or if they had lived in India for at least five years before the Constitution started.

Key Points

  • Citizenship was determined based on three main conditions at the time of the Constitution's commencement.
  • The criteria were: being born in India, having an Indian parent, or having resided in India for five years prior to that date.
  • This established the initial framework for determining citizenship for those residing in India.

Why It Matters

This article sets the foundational rules for who was considered a citizen of India at the very beginning, establishing the initial scope of citizenship rights.

Landmark Judgements

No major landmark judgements.

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