Constitution of India · Section Article 8
Rights of citizenship of certain persons of Indian origin residing outside India
Article 8 — Rights of citizenship of certain persons of Indian origin residing outside India
- Rights of citizenship of certain persons of Indian origin residing outside India.—Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
Plain English Summary
This article allows certain people who are of Indian origin and live outside India to be considered citizens of India. This citizenship is granted if they apply and get registered as a citizen through the Indian diplomatic or consular representative in the country where they reside.
Key Points
- It applies to persons whose parents or grandparents were born in India as defined by the Government of India Act, 1935.
- The person must be ordinarily residing in a country outside India.
- Citizenship is established upon registration with the Indian diplomatic/consular representative in their current country of residence.
- This provision overrides certain rules mentioned in Article 5.
Why It Matters
This article provides a pathway for people of Indian origin living abroad to secure citizenship, offering them a legal connection to India based on ancestral ties.
Landmark Judgements
No major landmark judgements.