Law4u - Made in India

What Is Constitution Of India Article 5?

Answer By law4u team

Constitution Of India Article 5: Citizenship at the Commencement of the Constitution

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.

Brief Detail

Article 5 of the Constitution of India defines the criteria for citizenship at the commencement of the Constitution. It provides citizenship to individuals domiciled in India who were either born in India, have a parent born in India, or have been residing in India for at least five years prior to the Constitution's commencement.

Question

Q1: What are the criteria for citizenship under Article 5?

A1: A person must have their domicile in India and either be born in India, have a parent born in India, or have resided in India for at least five years before the Constitution's commencement.

Q2: Does Article 5 apply after the commencement of the Constitution?

A2: No, Article 5 specifically deals with citizenship at the commencement of the Constitution and does not apply to situations arising afterward.

Example

Example 1: A person born in India with both parents born in India would qualify as a citizen of India under Article 5 at the commencement of the Constitution.

Example 2: A person who has lived in India for over five years before the Constitution commenced and has their domicile in India would also qualify for citizenship under Article 5.

Summary

Article 5 outlines the conditions for acquiring Indian citizenship at the time of the Constitution's commencement. It emphasizes domicile in India and fulfillment of specific criteria related to birth or residency.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ran Vijay Singh

Advocate Ran Vijay Singh

Anticipatory Bail, Arbitration, Banking & Finance, Civil, Consumer Court, Court Marriage, Cyber Crime, Domestic Violence, Labour & Service, Property, R.T.I, Succession Certificate, Trademark & Copyright, Criminal, Family, High Court

Get Advice
Advocate Yadav Bhagwat Sudhaker

Advocate Yadav Bhagwat Sudhaker

Civil, Criminal, Family, Motor Accident, Cheque Bounce, Court Marriage

Get Advice
Advocate Nitesh Srivastava

Advocate Nitesh Srivastava

Family, NCLT, Criminal, Civil, Corporate

Get Advice
Advocate Amit Gautam

Advocate Amit Gautam

Anticipatory Bail,Criminal,Domestic Violence,Cheque Bounce,Property,

Get Advice
Advocate Ashish Kumar Yadav

Advocate Ashish Kumar Yadav

Anticipatory Bail, Arbitration, Cheque Bounce, Criminal, Revenue

Get Advice
Advocate Brij Bhushan

Advocate Brij Bhushan

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, GST, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Dr Subhash Yadav

Advocate Dr Subhash Yadav

Cheque Bounce,Civil,Criminal,Documentation,High Court,Insurance,Property,Succession Certificate,Wills Trusts,Revenue

Get Advice
Advocate Rohini Shantanu Rakshe

Advocate Rohini Shantanu Rakshe

Consumer Court, Family, Divorce, High Court, Breach of Contract, Domestic Violence, Documentation, Succession Certificate, Civil

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.