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 Poloju Madhu

Advocate Poloju Madhu

Civil, Family, Court Marriage, Criminal, Motor Accident, Property, Divorce, Cheque Bounce, Breach of Contract, Anticipatory Bail, Domestic Violence

Get Advice
Advocate Rakesh Kumar Saini

Advocate Rakesh Kumar Saini

Court Marriage, Criminal, Family, High Court, Insurance, Banking & Finance, Breach of Contract, Corporate, Cyber Crime, Domestic Violence, Divorce, Anticipatory Bail, Motor Accident, Muslim Law

Get Advice
Advocate Dinesh Kumar

Advocate Dinesh Kumar

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, GST, Arbitration

Get Advice
Advocate Arun Pratap Singh Kushwah

Advocate Arun Pratap Singh Kushwah

Cheque Bounce, Civil, Divorce, Criminal, Revenue

Get Advice
Advocate Mahesh Hooda

Advocate Mahesh Hooda

Criminal, Anticipatory Bail, Family, Cheque Bounce, Cyber Crime

Get Advice
Advocate Ommi Vara Laxmi

Advocate Ommi Vara Laxmi

Labour & Service, High Court, Insurance, Motor Accident, Divorce, Cheque Bounce, Anticipatory Bail, Criminal, Succession Certificate

Get Advice
Advocate Mahesh Morepatil

Advocate Mahesh Morepatil

Criminal, Anticipatory Bail, Cyber Crime, High Court, Supreme Court, Cheque Bounce

Get Advice
Advocate Subhojit Paul

Advocate Subhojit Paul

Anticipatory Bail, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Wills Trusts, R.T.I, High Court, Child Custody, Banking & Finance

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.