Citizenship at the commencement of the Constitution
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part II, Article 5
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Determined who automatically became an Indian citizen on 26 January 1950 based on having an Indian domicile combined with birth, parentage, or five years of prior residence.
2. What It Means in Everyday Language
Article 5 served as the foundational "snapshot" rule determining who was an Indian citizen on the exact day the Constitution took effect: 26 January 1950.
To qualify under Article 5, a person had to satisfy two requirements: First, they had to have their permanent home (domicile) in the territory of India. Second, they had to meet at least one of three conditions: (a) they were born in India, (b) at least one of their parents was born in India, or (c) they had been ordinarily living in India for at least five years immediately before 26 January 1950 (that is, since at least 26 January 1945).
Historical nature & modern law: Article 5 does NOT govern how individuals acquire citizenship today. It applied strictly to the commencement date in 1950. Anyone born after 26 January 1950 is governed by the Citizenship Act, 1955 (as amended). This platform provides historical and constitutional education and does not offer individualized legal or citizenship advice.
3. Practical Illustrative Example
A scholar born in Chennai in 1930 who had always lived and worked in India was residing in the country on 26 January 1950.
4. Important Limits, Qualifications & Exceptions
A transitional provision applying strictly to status at the commencement of the Constitution on 26 January 1950.
- Domicile requirement: Permanent residence with intention of remaining indefinitely in India was an essential prerequisite.
- Three alternative conditions: Required personal birth, parental birth in India, or at least 5 years ordinary residence preceding 26 January 1950.
- Subject to Articles 7 and 9: Anyone who migrated to Pakistan after 1 March 1947 or voluntarily acquired foreign nationality could not claim citizenship under Article 5.
- Current citizenship: Governed by the Citizenship Act, 1955, not Article 5.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Ministry of Law and Justice, Government of India (Legislative Department, Ministry of Law and Justice) • Part II, Article 5 • Human source-link check pending
Official consolidated text of the Constitution published by the Legislative Department, Ministry of Law and Justice.
- •Lok Sabha Secretariat (Parliament of India / Lok Sabha Secretariat) • Volume IX, 10 August 1949 • Human source-link check pending
Official verbatim record of Constituent Assembly proceedings published by the Lok Sabha Secretariat.