Article 5 of the Costitution of India with Case law
Article 5 of the Constitution of India – Citizenship at the Commencement of the Constitution
📜 Text of Article 5:
"Citizenship at the commencement of the Constitution"
At the commencement of this Constitution, every person who has his domicile in the territory of India and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) 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.
🧠 Explanation:
Article 5 lays down who shall be deemed as an Indian citizen on 26th January 1950, the day the Constitution came into effect. This was necessary as India had become independent in 1947, but until the Constitution came into force, there was no clear legal provision defining Indian citizenship.
Key requirements:
Domicile in India (essential for all).
Plus, any one of the following:
Born in India,
One parent born in India,
Ordinarily resident for the past 5 years.
⚖️ Important Case Law:
🏛️ State of Bihar vs. Kumar Amar Singh (1955 AIR 282)
Facts: The petitioner was a person of Indian origin, living in India during the partition.
Issue: Whether he could be considered a citizen under Article 5.
Held: The Supreme Court held that since he had a domicile in India and fulfilled clause (c) of Article 5, he was a citizen.
Significance: This case confirmed the importance of domicile and residency requirements.
🏛️ Mohammad Raza vs. State of Bombay (1966 AIR 1436)
Facts: The case involved a person born in India but who had opted for Pakistan during partition.
Issue: Could such a person still be considered a citizen of India under Article 5?
Held: The court held that Article 7 (which excludes those who migrated to Pakistan) would apply and hence he was not a citizen.
Significance: Clarified the interplay between Article 5 and Article 7 (migration-related exclusions).
📌 Related Articles:
Article 6: Rights of citizenship for people who migrated to India from Pakistan.
Article 7: Citizenship rights for those who migrated to Pakistan.
Article 8: Rights of citizenship for Indians living abroad.
Citizenship Act, 1955: Governs present-day citizenship rules.
📝 Summary:
Article 5 defines Indian citizenship as of 26th January 1950.
It is a transitional provision.
Emphasizes domicile and birth/residence criteria.
Subsequent provisions and Acts govern citizenship post-1950.
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