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| Indian Constitution |
When India became a Republic on January 26, 1950, the country
faced a crucial question: Who would be considered a citizen of India?
The answer was provided in Part II of the Constitution (Articles 5 to 11),
which deals with citizenship. Article 5 specifically laid down the conditions
for citizenship at the commencement of the Constitution. It was a
transitional provision, intended to identify those who would automatically
become Indian citizens on that historic day.
Text of Article 5
“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.”
Key Features of Article 5
1.
Date of Effect:
o
Came into force on 26 January 1950 (the
day the Constitution commenced).
2.
Who became a citizen?
A person must satisfy:
o
Domicile in India, and
o
One of the following three conditions:
§ Born in India, or
§ Either parent was
born in India, or
§ Ordinarily resident
in India for 5 years immediately before 26 January 1950.
3.
Domicile Requirement:
o
Domicile means a permanent home in India,
not just temporary residence.
Historical Context
Post-independence India faced mass migration due to Partition.
Millions of people moved between India and Pakistan. There were uncertainties
about:
- Who would be Indian citizens?
- What about those who migrated during Partition?
The framers included Articles 5 to 11 to settle these questions.
Article 5 applied to people already in India on 26 January 1950 and
ensured clarity in defining the initial citizen base.
Related Provisions
- Article 6: Citizenship rights for
persons who migrated from Pakistan to India.
- Article 7: For those who migrated to
Pakistan but returned to India.
- Article 8: For Indians residing
abroad.
Why was Article 5 temporary?
It dealt only with citizenship at the commencement of the
Constitution. Future citizenship matters were left to Parliament under Article
11, which resulted in the Citizenship Act, 1955.
Judicial Interpretation
Courts have interpreted “domicile” strictly:
- In Pradeep Jain vs Union of India (1984), the Supreme Court
held that domicile means a permanent home and intention to reside
indefinitely.
Importance
Article 5 was essential for stability at the time of
independence:
- It avoided statelessness of millions.
- It provided a broad, inclusive definition, ensuring all
major communities were covered.
Current Relevance
While Article 5 itself is no longer active (it served its purpose in
1950), it is important for:
- Historical understanding of citizenship.
- Interpretation in legal cases related to pre-1950 domicile and
migration issues.
Conclusion
Article 5 of the Indian Constitution laid the foundation for
determining who was an Indian citizen on the day the Constitution came into
force. It reflected the framers’ vision of an inclusive, democratic nation
while addressing the complex realities of Partition.
Here are MCQs on Article 5 of the
Indian Constitution with answers and brief explanations:
1. Article 5 of the Indian Constitution deals
with:
(a) Citizenship of persons migrating from Pakistan
(b) Citizenship at the commencement of the Constitution
(c) Citizenship by naturalization
(d) Loss of citizenship
✅ Answer: (b) Citizenship
at the commencement of the Constitution
✔ Explanation: Article 5 defines who became an Indian citizen on 26
January 1950 when the Constitution commenced.
2. Article 5 became effective on:
(a) 15 August 1947
(b) 26 January 1950
(c) 1 April 1950
(d) 26 November 1949
✅ Answer: (b) 26 January
1950
✔ Explanation: It applied on the day the Constitution of India
came into force.
3. Which of the following is NOT a condition
under Article 5 for being a citizen at the commencement of the Constitution?
(a) Domicile in India
(b) Born in India
(c) Either parent born in India
(d) Holding property worth ₹500 in India
✅ Answer: (d) Holding
property worth ₹500 in India
✔ Explanation: Property is not a criterion; the conditions
include domicile and birth-related factors.
4. Under Article 5, a person should have his
domicile in India and—
(a) Should be born in India only
(b) Either of whose parents was born in India
(c) Resided in India for at least 5 years before 26 January 1950
(d) Both (b) and (c)
✅ Answer: (d) Both (b) and
(c)
✔ Explanation: Apart from domicile, the person must meet any one
of the three conditions mentioned.
5. The word ‘domicile’ in Article 5 refers to:
(a) Temporary residence in India
(b) Permanent home in India with intention to reside indefinitely
(c) Citizenship by registration
(d) Residence for business purposes
✅ Answer: (b) Permanent
home in India with intention to reside indefinitely
✔ Explanation: Domicile implies a permanent connection to the
country, not a temporary stay.
6. How many conditions are there in Article 5
for citizenship at the commencement of the Constitution?
(a) Two
(b) Three
(c) Four
(d) Five
✅ Answer: (b) Three
✔ Explanation: Born in India, either parent born in India, or
ordinarily resident in India for 5 years before 26 January 1950 (plus
domicile).
7. The residency period required under Article 5
is:
(a) 2 years before 26 January 1950
(b) 3 years before 26 January 1950
(c) 5 years before 26 January 1950
(d) 10 years before 26 January 1950
✅ Answer: (c) 5 years
before 26 January 1950
✔ Explanation: Ordinary residence of five years immediately
preceding the commencement date is one condition.
8. Which Part of the Constitution includes
Article 5?
(a) Part I
(b) Part II
(c) Part III
(d) Part V
✅ Answer: (b) Part II
✔ Explanation: Part II of the Constitution deals with citizenship
(Articles 5–11).
9. Who has the power to regulate citizenship
after the commencement of the Constitution?
(a) President of India
(b) Parliament of India
(c) Supreme Court
(d) State Governments
✅ Answer: (b) Parliament of
India
✔ Explanation: Article 11 gives Parliament the power to make laws
regarding citizenship.
10. Article 5 is mainly a:
(a) Permanent provision
(b) Transitional provision
(c) Directive principle
(d) Fundamental right
✅ Answer: (b) Transitional
provision
✔ Explanation: It applied only at the commencement of the
Constitution; later citizenship matters are governed by law.
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