This article is a compilation of Article 5 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📖 Read This Article in Hindi

📜 Article 5

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

As we know, there is a system of single citizenship in India. That is, no matter which part of the country you are from, you will be a citizen of India and not of that particular region.

Citizenship is described in Part II of the Constitution of India, under which there are a total of seven articles from Articles 5 to 11. But it is to be remembered here that the citizenship of those people has been discussed in these articles, who had become citizens of the country at the time of independence or were about to become so.

After this, the Citizenship Act 1955 was made to provide for citizenship for people born or for other new people coming to the country. Right now any non-citizen who is given citizenship or taken away from him is done under the provisions of this Citizenship Act 1955.

[An article exists on this topic, you must read it – Citizenship: Meaning, Acquisition, Termination etc.]

Overall, the thing to be understood here is that there is no permanent method in the constitution to ensure Indian citizenship. Rather, under Article 11, it was left to the Parliament to make suitable permanent law in this regard. And the Parliament enacted the Citizenship Act in the year 1955 for the purpose of implementing the same.

But till this law was not made, then who will be considered as a citizen of India and who will not, this has been mainly mentioned from Article 5 to 8. And in this article we are going to understand article 5.

| Article 5 – Citizenship at the commencement of the Constitution

As we understood above, Articles 5 to 8 of the Constitution are about whoever has got citizenship till the day the Constitution comes into force. The first article of the same is – Article 5, which talks about citizenship at the beginning of the constitution.

Under this article, in the event of fulfilling any one of the three conditions, a person living in India at that time was considered a citizen of India.

First condition (Article 5A) – He must be born in India, irrespective of his nationality. or

Second condition (Article 5B) – Either of his parents must be born in India, irrespective of the nationality of his mother or father. or whether such person was born anywhere in or outside India, or

Third condition (Article 5C) – Any person who himself or his parents was not born in India but has been living in India for 5 years before the commencement of the Constitution, then that person will be a citizen of India at the commencement of the Constitution.

So all in all this is article 5, hope you understand. To understand other articles, you can use the link given below.

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⚫ Executive in India
Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.