Article 5 of the Indian Constitution is a significant provision that deals with the concept of citizenship at the commencement of the Constitution. It lays down the foundation for determining who is considered a citizen of India and the rights and privileges associated with it.

Understanding Article 5

Article 5 states that at the commencement of the Constitution, every person who has their domicile in the territory of India and:

1. Was born in India, or
2. Either of whose parents was born in India, or
3. Who has been ordinarily resident in India for not less than five years immediately preceding such commencement,

shall be deemed to be a citizen of India.

This provision essentially means that individuals who fulfill any of the above criteria are automatically granted Indian citizenship upon the commencement of the Constitution. It is important to note that this provision applies to individuals who were already residing in India at the time the Constitution was adopted.

Key Elements of Article 5

Let's delve deeper into the key elements mentioned in Article 5:

Domicile

Domicile refers to the place where an individual has their permanent home and intends to reside indefinitely. It establishes a person's legal and permanent residency in a particular territory.

Birth in India

If a person is born in India, they automatically become a citizen of India, irrespective of the citizenship status of their parents. This principle is known as jus soli, meaning "right of the soil."

Parents Born in India

If either of the parents of an individual is born in India, then the person is considered a citizen of India. This principle recognizes the importance of ancestral ties to the country.

Ordinary Residence

An individual who has been ordinarily resident in India for at least five years immediately before the commencement of the Constitution is eligible for Indian citizenship. This provision ensures that individuals who have established long-term residence in India are granted citizenship.

Conclusion

Article 5 of the Indian Constitution provides a comprehensive framework for determining citizenship at the commencement of the Constitution. It recognizes the importance of birth in India, ancestral ties, and long-term residence as key factors in granting citizenship. Understanding this provision is crucial in comprehending the rights and privileges associated with Indian citizenship.

It is important to note that Article 5 has been amended over time to include additional provisions and clarify certain aspects related to citizenship. Therefore, it is advisable to consult the latest amendments and interpretations of the Indian Constitution to have a complete understanding of the subject.