Article 5 of the Indian Constitution

Article 5 of the Indian Constitution

Introduction to Article 5

Article 5 of the Indian Constitution deals with citizenship at the commencement of the Constitution. It lays down the criteria for determining who would be considered a citizen of India when the Constitution came into force on January 26, 1950. Since India became independent from British rule on August 15, 1947, the need to define Indian citizenship was crucial, especially in the context of the partition of India and the large-scale migration that followed.

Article 5 provides a broad and inclusive definition of Indian citizenship for those who were already residing in India at the time of independence. It ensures that people who had a strong connection with India—either by birth, descent, or residence—would be recognized as citizens of the newly formed Republic of India.

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Text of Article 5

"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."

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Key Features of Article 5

1. Applies to Citizenship at the Time of the Constitution's Commencement:

   • Article 5 only applies to those who were already residing in India on January 26, 1950, when the Constitution came into effect.
   • It does not apply to individuals seeking citizenship after this date; that is governed by subsequent laws like the Citizenship Act of 1955.

2. Three Main Conditions for Citizenship:
   A person would be considered an Indian citizen if they met any one of the following conditions:

   • Born in India: If a person was born within the geographical territory of India, they were automatically considered a citizen.
   • Parent(s) Born in India: If at least one parent was born in India, the person was also granted citizenship.
   • Long-term Residency: If a person had lived in India for at least five years before January 26, 1950, they were eligible for citizenship.

3. Requirement of Domicile:

   • Apart from the above conditions, a person must have had domicile in India at the time of the Constitution’s commencement.
   • Domicile means a permanent home and intention to remain in India.
   • This requirement ensured that individuals who had strong ties with India and did not belong to any other nation would be granted citizenship.

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Importance of Article 5 in Defining Indian Citizenship

1. Ensured a Smooth Transition:

   • Article 5 was crucial in defining who would be recognized as Indian citizens after independence.
   • It avoided any confusion and provided legal clarity on citizenship status.

2. Addressed Partition-Related Issues:

   • The partition of India in 1947 led to mass migrations between India and Pakistan.
   • Many people of Indian origin had migrated from Pakistan but had strong ties to India.
   • Article 5 ensured that such individuals were included as Indian citizens if they met the criteria.

3. Recognized the Indian Diaspora:

   • It granted citizenship based on parentage, ensuring that children of Indian-born individuals were recognized as Indian citizens, even if they were born elsewhere.

4. Established the Basis for Future Citizenship Laws:

   • Article 5 laid the foundation for subsequent citizenship laws in India, such as the Citizenship Act, 1955, which governs citizenship-related matters today.

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Comparison of Article 5 with Other Citizenship Provisions

Key Focus of Citizenship Articles in the Indian Constitution

1. Article 5 – Defines citizenship at the commencement of the Constitution for those residing in India.
2. Article 6 – Grants citizenship to migrants from Pakistan who moved to India before July 19, 1948.
3. Article 7 – Deals with people who migrated to Pakistan but later returned to India.
4. Article 8 – Provides citizenship rights to Indians living abroad.

This structured approach helps in understanding how Article 5 fits within the broader framework of citizenship provisions in the Indian Constitution.

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Challenges and Implications of Article 5

1. Citizenship for Refugees:

   • Many individuals, especially those affected by partition, needed citizenship recognition.
   • The provision was broad enough to accommodate such people, ensuring they were not left stateless.

2. Exclusion of Future Immigrants:

   • Article 5 only applied to people present in India on January 26, 1950.
   • Those who came later had to apply for citizenship under future laws, like the Citizenship Act of 1955.

3. Domicile Requirement and Legal Interpretations:

   • The concept of domicile was subject to interpretation.
   • Courts have clarified that domicile requires both residence and intention to remain permanently in India.

4. Impact on Stateless Persons:

   • Some individuals who failed to meet these criteria were left without legal citizenship and had to seek recognition through special government policies later.

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Conclusion

Article 5 of the Indian Constitution played a crucial role in defining who would be an Indian citizen at the time of independence. It provided an inclusive framework by granting citizenship to individuals who were born in India, had Indian-born parents, or had been residents for at least five years. The provision ensured a smooth transition for people living in India and established the foundation for future citizenship laws.

Although Article 5 is no longer directly applicable today, as citizenship matters are now governed by the Citizenship Act, 1955, its significance remains high. It laid the groundwork for India’s citizenship policies and continues to influence legal interpretations of citizenship rights.