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Article 8 of the
Indian Constitution – Citizenship of Certain Persons of Indian Origin Residing
Outside India
Introduction
The Indian Constitution contains Part
II (Articles 5 to 11), which deals with the subject of citizenship at
the commencement of the Constitution. Among these, Article 8 holds
special significance as it covers the status of persons of Indian origin
residing outside India at the time of the commencement of the Constitution
on 26 January 1950.
While Articles 5, 6, and 7
primarily deal with individuals residing in India or migrating between India
and Pakistan, Article 8 addresses Indians abroad, popularly known today
as the Indian diaspora. It provides a constitutional mechanism for such
individuals to acquire Indian citizenship.
Text of Article 8
“Notwithstanding
anything in Article 5, any person who or either of whose parents or any of
whose grandparents was born in India as defined in the Government of India Act,
1935 (as originally enacted), and who is ordinarily residing in any country
outside India as so defined shall be deemed to be a citizen of India if he has
been registered as a citizen of India by the diplomatic or consular
representative of India in the country where he is for the time being residing
on an application made by him in the prescribed form to such diplomatic or
consular representative, whether before or after the commencement of this
Constitution.”
Key Features of
Article 8
1. Who is Covered?
o
Persons residing outside
India at the commencement of the Constitution.
o
Their parent or
grandparent must have been born in India as per the Government of India
Act, 1935 definition.
2. Condition for Citizenship:
o
Such persons must
apply for registration as Indian citizens.
o
The application must
be made to the diplomatic or consular representative of India in the
country of residence.
3. Registration Authority:
o
The power to register
is vested in the Indian diplomatic or consular officials abroad.
4. Form of Application:
o
It must be in the prescribed
form as laid down by rules.
Purpose and
Importance
- Article 8 was included to ensure that Indians
living abroad (diaspora) could retain or claim citizenship of
India at the commencement of the Constitution.
- Many Indians had settled abroad (in
countries like Burma, Ceylon (Sri Lanka), Malaya, East Africa, Fiji, etc.)
during British colonial times for employment, business, and trade.
- These communities had emotional and
cultural ties with India, and the framers wanted to accommodate them.
Historical Context
Before 1947, India had a large
diaspora spread across Asia, Africa, and the Pacific due to:
- Indentured labour migration (to countries like Fiji, Mauritius,
Trinidad, Guyana, Suriname).
- Colonial employment (railways, plantations in Burma, Malaya,
East Africa).
- Trade and commerce.
Post-independence, these Indians
became foreign residents, and there was ambiguity regarding their
citizenship status. Article 8 solved this by granting them a legal right
to register as Indian citizens.
Practical Example
- Example 1:
Ramesh, whose grandfather was born in India, lives in Malaysia on 26 January 1950.
He can apply to the Indian High Commission in Kuala Lumpur for registration as an Indian citizen under Article 8. - Example 2:
Sunita, whose parents were born in India but she was born and raised in Burma, can register through the Indian Embassy in Rangoon.
Relationship with
Other Articles
- Article 5: General rule for citizenship at
commencement.
- Article 6: Migrants from Pakistan to India.
- Article 7: Migrants to Pakistan who returned.
- Article 8: Indians living abroad.
- Article 11: Power of Parliament to regulate
citizenship by law (e.g., Citizenship Act, 1955).
Impact and Current
Relevance
- Although transitional, Article 8 laid the foundation
for overseas citizenship provisions.
- Later, the Citizenship Act, 1955
included provisions for registration of Overseas Citizens of India
(OCI) and Persons of Indian Origin (PIO).
- Today, while India does not allow dual
citizenship, the OCI scheme is an evolution of the principle in
Article 8.
Judicial View
- Article 8 is not automatic.
- It requires registration, unlike
Article 5 (which is automatic for domiciled persons in India).
Significance for
Diaspora
- Maintained India’s cultural connection with
millions of Indians abroad.
- Showed India’s inclusive approach in
acknowledging the global Indian community.
- Balanced the idea of national security
and cultural nationalism.
Conclusion
Article 8 of the Indian
Constitution was a progressive step to include the Indian diaspora in
the constitutional framework of citizenship. It recognized the historical
contribution of Indians abroad while ensuring a legal mechanism for their
inclusion. Though primarily transitional, its spirit lives on in modern
policies like the OCI scheme and India’s engagement with its diaspora.
Here is a complete set of 50
MCQs on Article 8 of the Indian Constitution, with answers and
explanations for competitive exams:
Basic Understanding
1. Article 8 deals
with:
(a) Citizenship of persons migrating to Pakistan
(b) Citizenship of persons of Indian origin residing outside India
(c) Citizenship by birth
(d) Citizenship by descent
Answer: (b)
Explanation: Article 8 provides for citizenship of persons of Indian
origin living outside India at the commencement of the Constitution.
2. Article 8 applies
to persons:
(a) Living in India at the commencement
(b) Living in Pakistan at the commencement
(c) Living outside India at the commencement
(d) Living in princely states
Answer: (c)
Explanation: It is for persons residing outside India.
3. For eligibility
under Article 8, a person or any of his parents or grandparents must have been
born in India as per:
(a) Government of India Act, 1935
(b) Indian Independence Act, 1947
(c) Constitution of India
(d) Citizenship Act, 1955
Answer: (a)
Explanation: The definition of India is taken from the Government of
India Act, 1935.
4. Who has the
authority to register a person under Article 8 as a citizen of India?
(a) President of India
(b) Governor
(c) Diplomatic or consular representative of India
(d) Home Minister
Answer: (c)
Explanation: Indian diplomatic or consular representatives abroad
handle registration.
5. What is the
condition for citizenship under Article 8?
(a) Automatic citizenship
(b) Parliamentary approval
(c) Registration through application
(d) Marriage to an Indian citizen
Answer: (c)
Explanation: Citizenship under Article 8 requires registration on
application.
Eligibility and
Process
6. Article 8 requires
application in which manner?
(a) Oral request
(b) Written in any language
(c) Prescribed form to diplomatic/consular representative
(d) Direct appeal to President
Answer: (c)
Explanation: It must be made in the prescribed form to the diplomatic/consular
representative.
7. Persons eligible
under Article 8 are those:
(a) Born abroad with Indian parents
(b) Whose parents or grandparents were born in India as per the 1935 Act
(c) Married to Indians only
(d) Owning property in India
Answer: (b)
Explanation: The key requirement is ancestral link to India.
8. Which date is
relevant for Article 8 provisions?
(a) 15 August 1947
(b) 1 March 1947
(c) 26 January 1950
(d) 19 July 1948
Answer: (c)
Explanation: Article 8 applies at the commencement of the
Constitution (26 January 1950).
9. Which Article does
Article 8 override?
(a) Article 5
(b) Article 6
(c) Article 7
(d) Article 9
Answer: (a)
Explanation: It starts with “Notwithstanding anything in Article 5”.
10. Article 8 covers
which category of Indians abroad?
(a) NRIs
(b) Persons of Indian Origin (PIO)
(c) OCI cardholders
(d) Both PIO and OCI
Answer: (b)
Explanation: It refers to Persons of Indian Origin (PIO) at the
commencement of the Constitution.
Historical and
Contextual Questions
11. Article 8 was
introduced mainly to accommodate:
(a) Indian traders in England
(b) Indians living abroad due to colonial migration
(c) Only Indian diplomats abroad
(d) Students studying overseas
Answer: (b)
Explanation: It was for Indian communities settled abroad during
British rule.
12. Which major
factor created the need for Article 8?
(a) Indian independence movement
(b) Large Indian diaspora abroad during colonial times
(c) Partition of India
(d) UN membership
Answer: (b)
Explanation: The diaspora created a demand for legal citizenship
rights.
13. Article 8 applies
to people residing outside India as defined under which Act?
(a) Independence Act, 1947
(b) Government of India Act, 1935
(c) Constitution (First Amendment) Act, 1951
(d) Citizenship Act, 1955
Answer: (b)
Explanation: The definition of India comes from Government of India
Act, 1935.
14. Which country had
the largest Indian community affected by Article 8 at that time?
(a) Fiji
(b) Burma (Myanmar)
(c) Mauritius
(d) UK
Answer: (b)
Explanation: Burma had a large number of Indians during British
rule.
15. Article 8
provisions were significant for Indians in:
(a) Africa and South-East Asia
(b) Europe only
(c) USA and Canada
(d) Middle East only
Answer: (a)
Explanation: Many Indians lived in Malaya, Burma, East Africa
etc.
Process and Legal
Aspects
16. Article 8 grants
citizenship:
(a) Automatically to all Indians abroad
(b) Only on application and registration
(c) Only to businessmen
(d) Only to diplomats
Answer: (b)
Explanation: Registration was mandatory.
17. Which phrase
indicates Article 8 overrides Article 5?
(a) Subject to
(b) Notwithstanding anything in Article 5
(c) In accordance with law
(d) Except as otherwise provided
Answer: (b)
Explanation: This phrase gives it overriding effect.
18. Which modern
scheme is based on the principle of Article 8?
(a) Green Card scheme
(b) Overseas Citizenship of India (OCI)
(c) Right to Vote Abroad
(d) NRI Bank Accounts
Answer: (b)
Explanation: OCI scheme reflects the spirit of Article 8.
19. Which law
provided detailed rules for implementing Article 8 after 1950?
(a) Indian Independence Act, 1947
(b) Citizenship Act, 1955
(c) Foreigners Act, 1946
(d) Passport Act, 1967
Answer: (b)
Explanation: Citizenship Act, 1955 made provisions for
registration.
20. Is Article 8
still in force today?
(a) Yes, fully as it was in 1950
(b) No, it was transitional
(c) Yes, but under the OCI scheme
(d) Abolished in 1962
Answer: (b)
Explanation: It was only for citizenship at the commencement of the
Constitution.
Examples and
Case-Based Questions
21. Ramesh lives in
Malaya in 1950; his grandfather was born in India. What must he do to get
Indian citizenship under Article 8?
(a) Nothing, automatic citizenship
(b) Apply to Indian diplomatic representative for registration
(c) Come back to India and settle
(d) Apply to Supreme Court
Answer: (b)
Explanation: Registration with Indian diplomatic representative
was mandatory.
22. Sunita, born in
Burma in 1930, whose parents were born in India, wants to become Indian citizen
in 1950. How?
(a) Automatic citizenship under Article 5
(b) By applying under Article 8 to Indian consulate
(c) By coming to India and settling
(d) By marriage to Indian citizen
Answer: (b)
Explanation: She falls under Article 8 provisions.
23. If a person did
not apply for registration under Article 8, he/she:
(a) Automatically became Indian citizen
(b) Did not become Indian citizen
(c) Became citizen of both India and their country of residence
(d) Became a stateless person
Answer: (b)
Explanation: Registration was compulsory for citizenship.
24. A person of
Indian origin living in Kenya in 1950 applied to the Indian High Commission for
registration. Under which Article is this valid?
(a) Article 6
(b) Article 7
(c) Article 8
(d) Article 9
Answer: (c)
Explanation: Article 8 is specifically for persons of Indian origin
abroad.
25. Which phrase in
Article 8 indicates application is necessary?
(a) Notwithstanding anything
(b) Prescribed form
(c) Consular representative
(d) India as defined in 1935 Act
Answer: (b)
Explanation: It says “on an application made by him in the prescribed
form”.
26. Article 8 is part
of which Part of the Constitution?
(a) Part I
(b) Part II
(c) Part III
(d) Part IV
Answer: (b)
Explanation: Part II (Articles 5 to 11) deals with citizenship
at the commencement of the Constitution.
27. Which category of
Indians is covered by Article 8?
(a) Migrants from Pakistan
(b) Indians abroad
(c) Refugees in India
(d) Dual citizens
Answer: (b)
Explanation: It specifically deals with persons of Indian origin
living outside India.
28. Which of the
following is NOT a condition under Article 8?
(a) One parent or grandparent
born in India as defined in 1935 Act
(b) Residing outside India at commencement
(c) Registration with Indian diplomatic representative
(d) Owning property in India
Answer: (d)
Explanation: Owning property is not required for Article 8.
29. Which phrase in
Article 8 ensures flexibility regarding the time of application?
(a) Before the commencement of
this Constitution
(b) After the commencement of this Constitution
(c) Whether before or after the commencement of this Constitution
(d) During the framing of this Constitution
Answer: (c)
Explanation: The article clearly states “whether before or after the
commencement of this Constitution”.
30. Which law later
expanded on the registration of overseas Indians?
(a) Indian Independence Act, 1947
(b) Citizenship Act, 1955
(c) Foreigners Act, 1946
(d) Overseas Indian Policy, 2005
Answer: (b)
Explanation: Citizenship Act, 1955 elaborated on registration
provisions.
Historical and
Contextual
31. Why did the
framers include Article 8 in the Constitution?
(a) To allow foreign citizens to become Indians easily
(b) To give Indians abroad a chance to retain citizenship
(c) To encourage migration
(d) To protect property rights of Indians abroad
Answer: (b)
Explanation: It was to help the diaspora retain a legal connection
with India.
32. Which Indian
leader strongly advocated for the rights of Indians abroad during Constituent
Assembly debates?
(a) Jawaharlal Nehru
(b) Dr. B.R. Ambedkar
(c) Sardar Patel
(d) Mahatma Gandhi
Answer: (b)
Explanation: Dr. Ambedkar clarified provisions on citizenship,
including overseas Indians.
33. Which country had
the highest number of applications under Article 8 post-1950?
(a) Burma (Myanmar)
(b) South Africa
(c) Mauritius
(d) England
Answer: (a)
Explanation: Burma had a large Indian-origin population applying
for registration.
34. The phrase
“diplomatic or consular representative” refers to:
(a) President’s delegate
(b) Indian ambassadors and high commissioners abroad
(c) State Governors
(d) District magistrates
Answer: (b)
Explanation: It means Indian ambassadors, high commissioners, consuls
posted abroad.
35. Which Act defined
the territorial limits for determining eligibility under Article 8?
(a) Independence Act, 1947
(b) Government of India Act, 1935
(c) Indian Councils Act, 1919
(d) Citizenship Act, 1955
Answer: (b)
Explanation: It is based on India as defined under the 1935 Act.
Judicial and Legal
36. Article 8 is a:
(a) Fundamental Right
(b) Transitional provision
(c) Directive Principle
(d) Constitutional duty
Answer: (b)
Explanation: It was a transitional provision for citizenship at
commencement.
37. Which power did
the diplomatic representative NOT have under Article 8?
(a) Registering a person as citizen
(b) Issuing passports
(c) Framing application forms
(d) Deciding voting rights
Answer: (d)
Explanation: Voting rights were not under their authority.
38. Which Article
empowers Parliament to modify Article 8 provisions through law?
(a) Article 9
(b) Article 10
(c) Article 11
(d) Article 12
Answer: (c)
Explanation: Article 11 gives Parliament power to regulate
citizenship by law.
39. If a person did
not apply for registration under Article 8, he was considered:
(a) Citizen automatically
(b) Foreigner under Indian law
(c) Dual national
(d) Stateless in India
Answer: (b)
Explanation: Without registration → not a citizen of India.
40. Can a person
still claim citizenship under Article 8 today?
(a) Yes, anytime
(b) No, it was only for 1950 scenario
(c) Yes, with OCI card
(d) Yes, through High Court order
Answer: (b)
Explanation: It applied only at the commencement of the Constitution.
Practical and
Scenario-Based
41. A person of
Indian origin living in Fiji in 1950 applies for Indian citizenship. Which
Article applies?
(a) Article 6
(b) Article 7
(c) Article 8
(d) Article 9
Answer: (c)
Explanation: Article 8 covers Indians abroad.
42. A person living
in England in 1950 with grandparents born in India applies for registration.
Which Article grants citizenship?
(a) Article 5
(b) Article 6
(c) Article 8
(d) Article 9
Answer: (c)
Explanation: He is covered under Article 8.
43. Which of the
following is NOT true about Article 8?
(a) It applied only at the commencement of the Constitution
(b) It granted automatic citizenship to all overseas Indians
(c) It required registration through application
(d) It used ancestry as a criterion
Answer: (b)
Explanation: Citizenship was not automatic, registration was
needed.
44. The expression
“as so defined” in Article 8 refers to:
(a) Constitution of India
(b) Government of India Act, 1935
(c) Independence Act, 1947
(d) Citizenship Act, 1955
Answer: (b)
Explanation: It refers to India as defined in 1935 Act.
45. Article 8 aimed
to help which group maintain Indian nationality?
(a) Foreign traders
(b) Indian diaspora settled abroad during British rule
(c) Refugees from Pakistan
(d) Indian tourists
Answer: (b)
Explanation: It was for diaspora communities.
Conceptual and
Analytical
46. Why is Article 8
considered unique among Articles 5–11?
(a) It deals with Indians abroad, not within India
(b) It grants dual citizenship
(c) It gives voting rights to NRIs
(d) It deals with refugees only
Answer: (a)
Explanation: Other articles deal with residents or migrants; Article
8 deals with overseas Indians.
47. Which principle
underlies Article 8?
(a) Jus soli (right of soil)
(b) Jus sanguinis (right of blood)
(c) Mixed principle
(d) None
Answer: (b)
Explanation: It uses ancestry (parent or grandparent) as the
basis.
48. Which of the
following statements is correct about Article 8?
(a) It is still applicable today
(b) It was a temporary measure for 1950 only
(c) It provides dual citizenship
(d) It is part of Fundamental Rights
Answer: (b)
Explanation: It was a transitional provision.
49. Modern Overseas
Citizen of India (OCI) scheme reflects:
(a) Article 7
(b) Article 8
(c) Article 6
(d) Article 11
Answer: (b)
Explanation: The concept of overseas Indians retaining ties is
based on Article 8.
50. Which
constitutional debate was related to Article 8?
(a) Partition refugees
(b) Rights of Indian diaspora
(c) Linguistic states
(d) Reservation for SC/ST
Answer: (b)
Explanation: It was debated regarding Indians living abroad.
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