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CITIZENSHIP | Indian Constitution

 

Articles 5 to 11 under Part II of the Constitution describe the citizenship.

  • Article 5 states that 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.

  • Article 6 states that notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution.
  • Article 7 states that notwithstanding anything in Articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India.
  • Article 8 states that notwithstanding anything in Article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935, and who is ordinarily residing in any country outside India as so defined 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 the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
  • Article 9 states that no person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State.
  • Article 10 states that every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by the Parliament, continue to be such citizen.
  • Article 11 states that nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.



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