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Home The Constitution Part II Article 5
Art. 5 Part II: Citizenship

Citizenship at the Commencement of the Constitution

Exact text — Constitution of India

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.

In Plain English

What this Article actually means

This Article performed a one-time task: fixing exactly who counted as an Indian citizen the moment the Constitution came into force on 26 January 1950. It required domicile in India PLUS at least one of three connections: being born in India, having a parent born in India, or having lived in India for at least 5 years immediately before that date.
Why This Matters To You

How it shows up in everyday life

This Article's job was done the moment it took effect — it doesn't govern how anyone becomes a citizen today. Every citizenship rule since 1950 (birth, descent, registration, naturalisation) comes from the Citizenship Act, 1955, made under Article 11's authority, not from this Article.

Related Articles

Read alongside this one

Art. 11 — Parliament to Regulate Citizenship by Law
Frequently Asked

Quick answers about Article 5

Does Article 5 still determine citizenship today?
No — it was a one-time determination for 26 January 1950. Anyone born or naturalised after that date gets their citizenship status from the Citizenship Act, 1955 and its amendments, not directly from this Article.
← BackPart II OverviewNext →Article 6: Rights of Citizenship of Certain Persons Who Migrated From Pakistan

The text above reproduces Article 5 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.