Article 8 of the Indian Constitution: Citizenship of Indians Living Abroad
Introduction
Article 8 of the Indian Constitution grants citizenship rights to persons of Indian origin residing outside India. It allows Indians who are living in foreign countries to claim Indian citizenship, provided they meet certain conditions. This provision was introduced to maintain a connection between India and its diaspora communities across the world.
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Text of Article 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of whose parents or any of whose grandparents, was born in India as defined in the Government of India Act, 1935 (as originally enacted) and who is ordinarily residing in any country outside India shall be deemed to be a citizen of India if he has been registered as a citizen of India by the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 that country on an application made by him in the prescribed manner."
Key Features of Article 8
1. Applies to Persons of Indian Origin (PIOs) Living Abroad
- This article covers persons of Indian origin (PIOs) who are living in foreign countries.
- It provides a way for Indians settled abroad to obtain Indian citizenship through registration.
2. Citizenship Based on Ancestry
- A person is eligible under Article 8 if:
- They, their parents, or their grandparents were born in India as per the Government of India Act, 1935.
- They are ordinarily residing in a foreign country.
3. Citizenship by Registration
- Indian citizenship is not automatically granted but must be applied for.
- The individual has to register with the Indian embassy or consulate in the country where they reside.
- The registration process must follow the rules prescribed by the Government of India.
Why Was Article 8 Introduced?
1. To Maintain India’s Connection with Its Diaspora
- Many Indians were living abroad, particularly in countries like Burma, Sri Lanka, East Africa, and the UK.
- The government wanted to provide them with an opportunity to retain their Indian identity and citizenship.
2. To Protect the Rights of Overseas Indians
- Several Indians had migrated to other countries for work, especially during British colonial rule.
- Providing them with Indian citizenship ensured they were not left stateless or denied legal rights.
3. To Encourage National Integration
- By allowing overseas Indians to register as citizens, the Constitution aimed to strengthen their bond with India.
- This provision also ensured that India remained connected to its global diaspora.
Difference Between Articles 5, 6, 7, and 8
| Article | Provision |
|---|---|
| Article 5 | Citizenship for persons domiciled in India on January 26, 1950. |
| Article 6 | Citizenship for migrants who moved to India from Pakistan. |
| Article 7 | Denial of citizenship to persons who migrated to Pakistan after March 1, 1947, unless they returned with a permit for resettlement. |
| Article 8 | Citizenship for persons of Indian origin living abroad through registration at an Indian embassy/consulate. |
Process for Obtaining Citizenship Under Article 8
- Eligibility Check: The applicant must prove that they, their parents, or grandparents were born in India as per the Government of India Act, 1935.
- Application Submission: The individual must apply for citizenship at the Indian consulate or embassy in their country of residence.
- Verification: The consulate verifies the applicant’s details and forwards the request to the Government of India.
- Approval and Registration: If the application is approved, the individual is registered as an Indian citizen.
Challenges and Issues Related to Article 8
1. Strict Registration Process
- Applicants must provide strong documentary evidence to prove their Indian ancestry, which can be difficult.
2. Citizenship vs. Overseas Citizenship of India (OCI)
- The Citizenship Act, 1955, introduced the concept of OCI (Overseas Citizenship of India), which grants certain privileges but not full citizenship.
- Many PIOs prefer OCI status because it allows them to live in India without having to renounce their foreign citizenship.
3. No Automatic Citizenship
- Unlike Articles 5 and 6, Article 8 does not automatically grant citizenship; individuals must apply and be approved.
4. Impact of Dual Citizenship Restrictions
- India does not allow dual citizenship.
- A person who acquires citizenship under Article 8 must renounce any other citizenship they hold.
Legal Developments and Relevance Today
- The Citizenship Act, 1955, regulates the registration of Persons of Indian Origin (PIOs) as Indian citizens.
- Overseas Indians today primarily rely on the OCI (Overseas Citizen of India) scheme, rather than seeking full Indian citizenship.
- Citizenship issues are significant for Indian-origin communities in the US, Canada, UK, and Gulf countries.
Conclusion
Article 8 of the Indian Constitution was designed to help persons of Indian origin (PIOs) retain their connection with India by allowing them to apply for citizenship through registration. While it was highly relevant in the early years of Indian independence, today most overseas Indians opt for OCI status instead of full Indian citizenship due to dual citizenship restrictions.
The article remains important as part of India’s broader engagement with its global diaspora, ensuring that Indians living abroad can maintain legal and cultural ties with their homeland.
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