Article 5: Citizenship at the commencement of the Constitution
- At the 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.
What is Article 5 of the Indian Constitution?
Article 5 deals with “Citizenship at the commencement of the Constitution.” It defines who is considered a citizen of India as of January 26, 1950, based on domicile and specific conditions like birth, parentage, or ordinary residence.
Who is a citizen of India under Article 5?
Under Article 5, a person is a citizen if they had their domicile in the territory of India at the commencement of the Constitution AND fulfilled one of the following:
They were born in India.
Either of their parents was born in India.
They had been ordinarily resident in India for at least five years immediately preceding the commencement.
What are the three conditions for citizenship in Article 5?
The three alternative conditions (of which only one needs to be met along with domicile) are:
Birth within the territory of India.
Birth of at least one parent within the territory of India.
Ordinary residence in India for not less than five years immediately before the Constitution began.
Does Article 5 apply to people born after 1950?
No, Article 5 specifically governs citizenship at the commencement of the Constitution (January 26, 1950). Citizenship acquired after this date is governed by the Citizenship Act, 1955, and other subsequent amendments, under the powers granted to Parliament by Article 11.
Can a person be a citizen under Article 5 if their parents were not born in India?
Yes. Even if a person’s parents were not born in India, the person can still be a citizen under Article 5 if:
The person themselves was born in India (Clause a).
OR the person has been ordinarily resident in India for at least five years immediately before the Constitution’s commencement (Clause c).