Article 5 of the Indian Constitution: Citizenship at the Commencement of the Constitution

Article 5 of the Indian Constitution deals with the issue of citizenship in India. It specifies who is considered to be a citizen of India at the commencement of the Constitution. This article is significant as it lays the foundation for the definition of Indian citizenship.

Article 5 of the Indian Constitution is an essential provision that deals with citizenship in India. According to this article, at the commencement of the Constitution, any person who was born in India or either of whose parents was born in India, or who had been ordinarily resident in India for not less than five years immediately preceding the commencement of the Constitution, is considered to be a citizen of India.

 

This provision ensures that anyone who had a connection with India was granted citizenship from the very beginning of the Constitution. It recognized the fact that people of various ethnicities and nationalities were living in India at the time of Independence and sought to provide them with citizenship based on their ties to the country.

 

Article 5 also made it clear that people who had migrated to Pakistan before the commencement of the Constitution would not be considered citizens of India. However, those who had moved to Pakistan after the commencement of the Constitution were still eligible to be citizens of India if they returned to the country.

 

This provision of the Constitution was significant in ensuring that people who had lived in India for generations were not stripped of their citizenship due to political changes or migrations. It also ensured that people who had moved out of India had a way to regain their citizenship if they chose to return.

 

In conclusion, Article 5 of the Indian Constitution provided a clear definition of who is considered a citizen of India at the commencement of the Constitution. It recognized the diverse population of India and provided a way for people to maintain their citizenship despite political changes or migrations.

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