Actual Article
Article 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—
- who was born in the territory of India; or
- either of whose parents was born in the territory of India; or
- 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.
UPSC Notes for Article 5
Explanation:
- Domicile Requirement: A person must have their domicile in the territory of India to qualify for citizenship at the commencement of the Constitution.
- Conditions for Citizenship: Citizenship is granted if the person meets any of the following conditions:
- Born in the territory of India.
- Either parent was born in the territory of India.
- Ordinarily resident in India for at least five years before the commencement of the Constitution.
Key Points:
- Commencement of the Constitution: Refers to January 26, 1950, the date when the Constitution of India came into effect.
- Inclusive Criteria: Ensures a broad and inclusive approach to initial citizenship, accommodating various circumstances.
- Foundation for Citizenship Laws: Article 5 laid the groundwork for subsequent citizenship laws in India.
Important Cases and Commissions Related to Article 5
Cases:
- Pradeep Jain vs. Union of India (1984): Addressed issues of domicile and residence concerning admission to educational institutions, indirectly related to the understanding of domicile under Article 5.
- State of Bihar vs. Abdul Majid (1954): Examined the rights of individuals based on their citizenship status established at the commencement of the Constitution.
Commissions:
- National Register of Citizens (NRC) in Assam: While not directly related to Article 5, the NRC process highlights the importance of establishing and verifying citizenship criteria that have their roots in the constitutional provisions.
Important Reports Related to Article 5
- Report of the Committee on Citizenship Amendment (2003): Discussed amendments to the Citizenship Act, reflecting on the foundational principles laid down in Article 5.
- Second Administrative Reforms Commission Report (2006): Covered aspects of citizenship and residency in the context of governance reforms, indirectly linked to the principles of domicile and citizenship.
Anything Important Left Related to Article 5
- Impact on Subsequent Laws: Article 5 set the stage for the Citizenship Act of 1955 and other related laws, providing a clear initial framework for defining citizenship.
- Historical Context: Reflects the immediate post-independence scenario, ensuring that residents at the time of independence were granted citizenship to maintain continuity and stability.
- Global Comparisons: India’s inclusive approach to initial citizenship contrasts with more restrictive practices in some other countries, highlighting India’s commitment to inclusivity.
By understanding Article 5, UPSC aspirants can grasp the foundational criteria for citizenship at the commencement of the Indian Constitution. This knowledge is crucial for both preliminary and main examinations, offering insights into the legal and historical context of citizenship in India.