Actual Article
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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India shall be deemed to be a citizen of India if he has been registered as a citizen of India by the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 form to such diplomatic or consular representative, whether before or after the commencement of this Constitution.
UPSC Notes for Article 8
Explanation:
- Citizenship for Overseas Indians: Article 8 provides a mechanism for people of Indian origin residing outside India to acquire Indian citizenship.
- Ancestral Link: To be eligible, the individual, or their parent or grandparent, must have been born in undivided India as defined by the Government of India Act, 1935.
- Registration Requirement: The individual must apply and be registered as a citizen by an Indian diplomatic or consular representative in the country where they reside.
Key Points:
- Inclusive Citizenship: Ensures that people of Indian origin living abroad have a pathway to Indian citizenship.
- Formal Application: Citizenship is granted upon registration with the diplomatic or consular representative, ensuring a formal process.
- Historical Connection: Recognizes the historical and ancestral connections of overseas Indians, facilitating their legal bond with India.
Important Cases and Commissions Related to Article 8
Cases:
- Central Bank of India Ltd. vs. Ram Narain (1955): While not directly on Article 8, it touched upon issues of citizenship and nationality, providing context for understanding the rights of Indian citizens, including those overseas.
- Pradeep Jain vs. Union of India (1984): Discussed domicile and residency criteria, indirectly relevant to understanding the rights and recognition of Indian citizens abroad.
Commissions:
- High-Level Committee on the Indian Diaspora (2000): Reviewed the status and needs of overseas Indians, including their citizenship rights, reflecting the principles laid down in Article 8.
- L. M. Singhvi Committee (1983-84): Provided recommendations on the welfare and engagement of the Indian diaspora, touching upon aspects of citizenship.
Important Reports Related to Article 8
- Report of the High-Level Committee on the Indian Diaspora (2001): Focused on the status, problems, and potential contributions of the Indian diaspora, highlighting the importance of maintaining citizenship ties.
- Second Administrative Reforms Commission Report (2006): Discussed various aspects of governance, including the importance of engaging the Indian diaspora and ensuring their citizenship rights.
Anything Important Left Related to Article 8
- Diaspora Engagement: Article 8 is crucial for maintaining strong ties with the Indian diaspora, recognizing their contributions and ensuring their legal connection to India.
- Legal Framework: Provides a clear legal framework for overseas Indians to acquire citizenship, emphasizing the importance of a formal registration process.
- Global Context: Reflects India’s commitment to its diaspora, ensuring they have a straightforward path to citizenship and can maintain their cultural and legal ties with their homeland.
Understanding Article 8 helps UPSC aspirants grasp how the Indian Constitution accommodates the rights of people of Indian origin residing abroad. This knowledge is essential for both preliminary and main examinations, offering insights into India’s legal provisions for its global diaspora.