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 Sanjeev Sharma

Advocate Sanjeev Sharma

Banking & Finance,Anticipatory Bail,Civil,Domestic Violence,Criminal,

Get Advice
Advocate Gupteshwar Kumar

Advocate Gupteshwar Kumar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service

Get Advice
Advocate Vinayak B Jagtap

Advocate Vinayak B Jagtap

Banking & Finance, Cheque Bounce, Breach of Contract, Court Marriage, Child Custody, Cyber Crime, Civil, Consumer Court, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Customs & Central Excise, Corporate, Criminal, Divorce, Documentation, GST, Domestic Violence, International Law, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Muslim Law, Motor Accident, R.T.I, Property, NCLT, Patent, Medical Negligence, RERA, Startup, Succession Certificate, Recovery, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue, Anticipatory Bail

Get Advice
Advocate Rakesh Raj Singh

Advocate Rakesh Raj Singh

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, GST, Family, High Court, Succession Certificate

Get Advice
Advocate Vikas Madhikar

Advocate Vikas Madhikar

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Medical Negligence, Motor Accident, Succession Certificate

Get Advice
Advocate Govind Singh Kushwaha

Advocate Govind Singh Kushwaha

Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Trademark & Copyright, Revenue

Get Advice
Advocate Nishant Khevar

Advocate Nishant Khevar

Civil, Criminal, Cyber Crime, Family, Divorce, High Court, Muslim Law, Supreme Court, Cheque Bounce, Court Marriage

Get Advice
Advocate Garima Mishra

Advocate Garima Mishra

Divorce, Court Marriage, Family, High Court, GST, Breach of Contract, Banking & Finance, Anticipatory Bail

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.