CONSTITUTIONAL PROVISIONS:  (citizenship from Articles 5 to 11 under Part II)

  • It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950)
  • neither any permanent nor any elaborate provisions
  • It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement
  • empowers the Parliament to enact a law on matter relating to citizenship

 

Following four categories of persons became the citizens of India at its commencement i.e., on January 26, 1950

ARTICLE 5 Person who had his domicile in India and also fulfilled any one of the three conditions, viz.,

1)if he was born in India;

2)or if either of his parents was born in India;

3)or if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution, became a citizen of India.

ARTICLE 6 A person who migrated to India from Pakistan;  if he or either of his parents or any of his grandparents was born in undivided India

And also fulfill any of 2 conditions

  1. he migrated to India before July 19, 1948 , he had been ordinarily resident in India since the date of his migration
  2. he migrated to India before July 19, 19481 , he had been ordinarily resident in India since the date of his migration

(residence for 6 months before registration)

ARTICLE 7 A person who migrated to Pakistan from India after March 1, 1947 returned to India for resettlement- he had to be resident in India for six months preceding the date of his application
ARTICLE 8 provision covers the overseas Indians who may want to acquire Indian citizenship (persons of Indian origin residing outside India)
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