Part II of the Constitution of India deals with citizenship at the commencement of the Constitution. Article 5 lays down the general rule based on domicile together with specified connections to India, while Article 6 contains a special rule for certain persons who migrated to India from the territory now included in Pakistan.
Article 5 is titled "Citizenship at the commencement of the Constitution". It identified who became a citizen of India when the Constitution commenced. Domicile in the territory of India was essential, along with at least one of the three connections stated in the Article.
At the commencement of this Constitution, every person who has his domicile in the territory of India and:
(a) was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) had been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the Constitution,
was a citizen of India.
| Requirement | Explanation |
|---|---|
| Domicile in India | The person had to have domicile in the territory of India at the commencement of the Constitution. |
| Additional connection | In addition to domicile, the person had to satisfy at least one condition relating to birth, parental birth, or five years of ordinary residence. |
| Relevant date | The constitutional test operated at the commencement of the Constitution, 26 January 1950. |
Article 6 is titled "Rights of citizenship of certain persons who have migrated to India from Pakistan". It begins with a non-obstante expression - "Notwithstanding anything in article 5" - and creates a specific constitutional route for qualifying migrants from the territory now included in Pakistan.
A person who migrated to India from the territory now included in Pakistan was deemed to be a citizen of India at the commencement of the Constitution where the constitutional conditions were fulfilled.
First, the person, either parent, or any grandparent had to have been born in India as defined in the Government of India Act, 1935, as originally enacted.
Second, a person who migrated before 19 July 1948 had to have been ordinarily resident in India since the date of migration.
For migration on or after 19 July 1948, the person had to have been registered as a citizen of India before commencement of the Constitution by the appointed officer, on an application made in the prescribed form and manner.
The proviso required residence in India for at least six months immediately preceding the date of such application for registration.
Article 6 distinguishes between persons who migrated before 19 July 1948 and those who migrated on or after that date. The earlier group was subject to the ordinary-residence requirement from the date of migration, whereas the later group was required to complete the specified registration process, including the residence condition in the proviso.
| Article 5 | Article 6 |
|---|---|
| General constitutional rule for citizenship at commencement. | Special constitutional rule for certain persons who migrated to India from territory now included in Pakistan. |
| Requires domicile in India plus a qualifying birth, parentage, or residence connection. | Requires the ancestry condition and the migration/residence or registration conditions specified in Article 6. |
Articles 5 to 11 form Part II of the Constitution. Article 11 preserves Parliament's power to make laws concerning acquisition and termination of citizenship and other citizenship matters. Parliament enacted the Citizenship Act, 1955, which now provides the statutory framework for acquisition and determination of Indian citizenship. The Citizenship Rules, 2009 and subsequent amendments prescribe procedures and forms under that Act.
This page explains the constitutional provisions for general legal information. Citizenship questions can depend on dates, migration history, domicile, ancestry, statutory amendments, rules, notifications, and individual documents.