Answer By law4u team
Constitution Of India Article 8: Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India
8. 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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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.
Brief Detail
Article 8 of the Constitution of India grants citizenship rights to persons of Indian origin residing outside India. It applies to individuals whose parents or grandparents were born in India, as defined in the Government of India Act, 1935. Such individuals can obtain Indian citizenship through registration by Indian diplomatic or consular representatives in their country of residence.
Question
Q1: Who qualifies for citizenship under Article 8?
A1: Individuals of Indian origin, whose parents or grandparents were born in India (as per the Government of India Act, 1935), and who are residing outside India qualify for citizenship under Article 8 if they register as citizens with Indian diplomatic or consular representatives.
Q2: Is registration mandatory for citizenship under Article 8?
A2: Yes, registration with an Indian diplomatic or consular representative in the country of residence is mandatory for obtaining citizenship under Article 8.
Q3: Does Article 8 apply to individuals after the commencement of the Constitution?
A3: Yes, Article 8 applies to individuals both before and after the commencement of the Constitution, provided they fulfill the criteria and register as citizens of India.
Example
Example 1: A person of Indian origin living in the United Kingdom, whose grandparents were born in India, can apply for Indian citizenship through the Indian consulate in the UK.
Example 2: An individual residing in the United States, whose parents were born in pre-independence India, can become a citizen of India by registering with the Indian diplomatic mission in the US.
Summary
Article 8 extends Indian citizenship to persons of Indian origin residing abroad, provided they register with Indian diplomatic or consular representatives. This ensures that individuals with ancestral ties to India maintain a legal connection to the country.
