Article 8 of the Indian Constitution

Article 8: Rights of citizenship of certain persons of Indian origin residing outside India
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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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 therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

Article 8 of the Constitution of India outlines the provisions relating to the citizenship rights of persons of Indian origin who are residing outside the country. It serves as a legal framework that allows such individuals to acquire Indian citizenship under specified conditions, thereby maintaining their link with the nation despite geographical distance.

Eligibility for Citizenship

To qualify for citizenship under Article 8, a person must meet certain conditions laid down by the Constitution and related laws. These include:

• The individual, or either of their parents or grandparents, must have been born in India.
• The person must be ordinarily residing outside India at the time of application.

The eligibility criteria recognise the close familial and ancestral connection to India, ensuring that individuals with genuine ties to the country can benefit from its citizenship provisions.

Registration Process and Administrative Procedure

The procedure for obtaining citizenship under Article 8 requires eligible persons to apply for registration as a citizen of India. This application is to be made to the diplomatic or consular representative of India in the country where the applicant resides. The provision allows registration both before and after the commencement of the Constitution in 1950.

The Government of India specifies the form, manner, and requirements for such applications. Diplomatic and consular officials act as the authorised administrative authorities for processing and registering applications under this Article.

Definitions and Legal Framework

The term “ordinarily residing” is defined by the Government of India, ensuring clarity in determining eligibility. Other relevant definitions are derived from the Government of India Act, 1935, which continues to influence certain legal interpretations. Importantly, Article 8 operates notwithstanding Article 5 of the Constitution, meaning it applies even if the applicant does not meet the general citizenship conditions outlined in that Article.

Relationship with Other Constitutional Provisions

Article 8 is part of the broader constitutional scheme relating to citizenship. It complements:

• Article 5 – Citizenship at the commencement of the Constitution.
• Article 6 – Rights of persons who migrated from Pakistan to India.
• Article 7 – Rights of persons of Indian origin who became citizens of other countries.

By providing a separate route for persons of Indian origin abroad, Article 8 ensures the inclusion of a significant section of the Indian diaspora within the constitutional fold.

Significance and Implications

The significance of Article 8 lies in its recognition of India’s vast diaspora. It acknowledges the historic migration of Indians to various parts of the world and preserves their right to maintain formal ties with their ancestral land. This provision not only strengthens cultural bonds but also encourages economic, educational, and diplomatic engagement between India and its global community.

For individuals of Indian origin, the provision offers an avenue to formalise their connection with India, enabling participation in the country’s civic life and fostering a sense of belonging.