Article 5 of the Indian Constitution

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.

Article 5 of the Indian Constitution established the criteria for determining citizenship at the time the Constitution came into force. It played a crucial role in defining the initial citizenry of the Republic of India during its transition from colonial rule to sovereign nationhood.

Domicile Requirement

At the commencement of the Constitution on 26 January 1950, a person was recognised as a citizen of India only if they had a domicile in the territory of India. Domicile referred to a permanent home and an intention to reside indefinitely within the country, forming the basic requirement for citizenship under this provision.

Criteria for Citizenship

In addition to domicile, a person had to meet at least one of the following conditions to qualify as a citizen on the date of commencement:

• They were born in the territory of India.
• Either of their parents was born in the territory of India.
• They had been ordinarily resident in India for at least five years immediately preceding 26 January 1950.

Judicial Interpretations

The Supreme Court has examined and clarified various aspects of Article 5 through important judgments:

• Pradeep Jain v. Union of India (1984): Discussed the concept of domicile and distinguished it from mere residence, particularly in the context of education and reservation policies.
• State of Bihar v. Kumar Amar Singh (1955): Addressed the meaning of domicile and its application to determining citizenship at the commencement of the Constitution.

These rulings reinforced that domicile implied both physical presence and the intention to remain permanently.

Relation to Other Citizenship Provisions

Article 5 was the opening provision in the Constitution’s chapter on citizenship (Articles 5 to 11). While Article 5 addressed citizenship at the inception of the Republic, Articles 6 to 11 dealt with rights of migrants, provisions for persons from Pakistan, and the powers of Parliament to regulate citizenship.

Historical Context and Legislative Impact

Adopted as part of the original Constitution, Article 5 addressed the pressing need to define the citizenry in the aftermath of independence and Partition. Although the article itself has never been amended, its principles formed the foundation for later citizenship legislation, including the Citizenship Act of 1955 and subsequent amendments.