Article 5 of the Indian Constitution defines the concept of citizenship at the commencement of the Constitution. It establishes the criteria for determining who shall be considered a citizen of India when the Constitution came into effect. Let's explore the provisions of Article 5 in detail.
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Table of Contents
Citizenship at the Commencement:
Article 5 states that every person who was born in the territory of India or either of whose parents was born in India shall be considered a citizen of India at the commencement of the Constitution. This provision establishes the principle of birthright citizenship and recognizes the connection to Indian citizenship through birth or descent.
Born in the Territory of India:
According to Article 5, individuals who were born within the territorial limits of India are automatically considered citizens of India. This provision applies irrespective of the nationality or citizenship of their parents. It recognizes the significance of being born on Indian soil as a basis for acquiring Indian citizenship.
Parents Born in India:
Article 5 also extends citizenship to individuals whose parents were born in India. This provision acknowledges the principle of jus sanguinis, which confers citizenship based on the nationality or citizenship of one's parents. It recognizes the inherent connection to Indian citizenship through ancestral ties and heritage.
Inclusion of All Persons:
Article 5 ensures that all persons who meet the criteria outlined in the provision are included as citizens of India at the commencement of the Constitution. It upholds the principle of equality and non-discrimination by not imposing any additional conditions or requirements for acquiring citizenship based on factors such as religion, caste, or gender.
Continuation of Citizenship:
Article 5 further clarifies that the citizenship acquired by individuals at the commencement of the Constitution shall continue unless it is terminated or modified in accordance with the provisions of the Constitution or any other law enacted by the Parliament. This provision ensures the stability and continuity of citizenship unless legally altered through subsequent legal provisions.
Application to Specific Categories:
While Article 5 broadly covers the criteria for citizenship at the commencement of the Constitution, it is important to note that certain specific categories, such as those with diplomatic or consular privileges, may be subject to separate provisions or international agreements that govern their citizenship status.
Conclusion:
Article 5 of the Indian Constitution establishes the criteria for determining citizenship at the commencement of the Constitution. It recognizes individuals born in the territory of India or those whose parents were born in India as citizens of India. The provision ensures the inclusion of all persons meeting these criteria as citizens, regardless of their parents' nationality or citizenship. Article 5 upholds the principles of birthright citizenship and jus sanguinis, while also emphasizing the continuity of citizenship unless legally altered.
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