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. "Article 5 Explained: The Foundation of Indian Citizenship"

 

Part 2 : Citizenship (Article 5-11), Citizenship

Part 2 of the Constitution includes Articles 5 to 11, which deal with the subject of citizenship.
Article 5 of the Constitution defines who shall be considered a citizen of India.
Since the Constitution of our country came into effect on 26th January 1950, this date became the basis for citizenship.
So, let’s understand what Article 5 of the Constitution says.

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) 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.

Explanation of Article 5

Article 5 of the Constitution states that from the commencement of the Constitution, every person who has his domicile in the territory of India, meaning someone who resides as an inhabitant of any state or union territory of India, is eligible for Indian citizenship if they meet any of the following sub-clauses:

  1. Any person can be a citizen of India only if they were born in the territory of India. This is the most essential condition for being a citizen.

  2. It further states that if either of their parents or both were born in the territory of India, then that person is also eligible for Indian citizenship. In short, the person must be connected to India in some form to be eligible for citizenship.

  3. Anyone who has been ordinarily residing in the territory of India for the five years immediately before the commencement of the Constitution will be considered a citizen of India or at least eligible to be considered one.

So, overall, a person who was born in India, is living in India, and whose parents or either parent is Indian, is eligible to be called a citizen of India.

Importance of Article 5

  1. This article defines the meaning of citizenship and states when a person is considered a citizen of India and what essential qualifications are required.

  2. This article answers the question of who shall be the citizen of India.

  3. It legally validates the citizenship of every person in India. 


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