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PART II CITIZENSHIP

Article 5: Citizenship at the commencement of the Constitution

The Constitution of India

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.

Questions on this article

5 questions in 21 of our papers cite Article 5. Try these from the free papers:

  1. 1. Under Article 394, which of the following Articles came into force at once, before 26 January 1950? 1. Article 5 2. Article 324 3. Article 32 4. Article 60 Select the correct answer:

  2. 2. Assertion (A): Citizenship acquired under Part II of the Constitution is not immune from a law made by Parliament. Reason (R): Article 11 provides that nothing in the foregoing provisions of Part II 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.

  3. 3. Consider the following statements: 1. Every person who became a citizen at the commencement of the Constitution under Article 5 had his domicile in the territory of India. 2. Article 9, which denies citizenship to a person who has voluntarily acquired the citizenship of a foreign State, applies only to claims under Article 5 and not to claims under Articles 6 and 8. 3. Article 7 does not apply to a person who, after migrating to the territory now included in Pakistan, returned to India under a permit for resettlement or permanent return issued under the authority of law. Which of the statements given above is/are correct?

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