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.
