Citizenship at the Commencement of the Constitution (Article 5)
Indian Polity › Citizenship · Topic 5.1
Article 5 made a person domiciled in India a citizen at the commencement of the Constitution on 26 January 1950 if born in India, a parent was born in India, or the person had lived in India for five years. Articles 5 to 11 deal with citizenship.
5 min read · UPSC Prelims · Polity · Citizenship
At a Glance
- What it is The rule that decided who became a citizen of India on 26 January 1950, for persons domiciled in India
- Conditions Domicile in India, plus birth in India, or a parent born in India, or five years’ ordinary residence before commencement
- Citizenship Articles Articles 5 to 11 in Part II
- Citizens and aliens Citizens are full members of the State; aliens are citizens of another state
- Exam link UPSC Prelims, Polity: Citizenship
Where Does It Fit?
This is the first topic of the category on citizenship. The Constitution deals with citizenship in Articles 5 to 11. Article 5 is the main rule on citizenship at the commencement of the Constitution, covering the people who lived in India when the Constitution began. The other Articles cover migrants, overseas Indians and later changes.
Who Are Citizens and Who Are Aliens?
Like any other modern state, India has two kinds of people, citizens and aliens. Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights. Aliens are citizens of some other state and hence do not enjoy all the civil and political rights. They are of two categories: friendly aliens, the subjects of countries that have cordial relations with India, and enemy aliens, the subjects of a country at war with India. Enemy aliens enjoy lesser rights than friendly aliens; for example, they do not enjoy protection against arrest and detention (Article 22).
What Rights Do Citizens Enjoy?
The Constitution confers the following rights and privileges on the citizens of India and denies them to aliens.
- Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
- Right to equality of opportunity in public employment (Article 16).
- Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).
- Cultural and educational rights (Articles 29 and 30).
- Right to vote in elections to the Lok Sabha and the state legislative assembly.
- Right to contest for membership of Parliament and the state legislature.
- Eligibility to hold certain public offices: President, Vice-President, judges of the Supreme Court and the high courts, Governors, the Attorney General of India and Advocates General of states.
Citizens also owe certain duties, such as paying taxes, respecting the national flag and national anthem, and defending the country. In India both citizens by birth and naturalised citizens are eligible for the office of President, whereas in the USA only a citizen by birth is eligible.
What Do Articles 5 to 11 Cover?
| Article | Subject |
|---|---|
| 5 | Persons domiciled in India at the commencement of the Constitution |
| 6 | Persons who migrated to India from Pakistan |
| 7 | Persons who migrated to Pakistan but later returned to India |
| 8 | Persons of Indian origin residing outside India |
| 9 | Persons who voluntarily acquire foreign citizenship |
| 10 | Continuance of the rights of citizenship |
| 11 | Parliament’s power to regulate citizenship by law |
The Constitution contains neither permanent nor elaborate provisions on citizenship. It only identifies the persons who became citizens of India at its commencement, on 26 January 1950. It does not deal with the acquisition or loss of citizenship afterwards, and empowers Parliament to make a law on these matters. Parliament has enacted the Citizenship Act, 1955.
What Does Article 5 Provide?
A person who had his or her domicile in India, and also fulfilled any one of three conditions, became a citizen of India at the commencement of the Constitution. The three conditions are: that he or she was born in India; or that either of his or her parents was born in India; or that he or she had been ordinarily resident in India for five years immediately before the commencement of the Constitution.
| Condition 1 | Condition 2 (any one of three) |
|---|---|
| Domicile in India | Born in India, or either parent born in India, or ordinarily resident in India for five years immediately before 26 January 1950 |
Why Is This Topic Important?
- Basis of citizenship Article 5 is the starting rule from which the first citizens of India were counted
- Direct Prelims material The conditions and the commencement date can be asked directly
What Came Next?
The next topic covers Articles 6 and 7, which deal with persons who migrated between India and Pakistan at the time of the Partition.
Key People and Terms
- Domicile Having one’s permanent home in India
- Citizen A full member of the Indian State who owes allegiance to it
- Alien A citizen of another state; friendly or enemy
- Part II The Part of the Constitution on citizenship, Articles 5 to 11
- Commencement 26 January 1950
Exam Corner
Points to Remember
- Citizenship: Articles 5 to 11, Part II.
- Article 5: domicile plus any one of three conditions.
- Residence condition: five years immediately before commencement.
- Commencement: 26 January 1950.
- Enemy aliens have no protection against arrest and detention (Article 22).
Do Not Confuse With
- Citizen and alien Citizens enjoy all civil and political rights; aliens do not
- Friendly and enemy aliens Enemy aliens belong to a country at war with India and enjoy lesser rights
- Constitution and the Citizenship Act, 1955 The Constitution identified the first citizens; the Act governs acquisition and loss afterwards
Memory Hook
Domicile plus birth, parent’s birth or five years’ residence: Article 5 made the first citizens on 26 January 1950.
Mains Angle
Questions on this topic usually ask how citizenship began under the Constitution. Use these points to add depth.
- Limited provisions The Constitution only identified the first citizens and left the rest to Parliament
- Rights tied to citizenship Certain rights and offices belong only to citizens
- Offices open to naturalised citizens In India a naturalised citizen can be President, unlike in the USA
A Question You May Face
An original practice question, not a past paper question.
“Explain how the Constitution determined citizenship at its commencement.”
How to Answer
- Introduction Articles 5 to 11 and the commencement date.
- Article 5 Domicile and the three conditions.
- Other Articles Migrants, overseas Indians and Parliament’s power.
- Conclusion The Constitution identified the first citizens; the Act of 1955 regulates the rest.
GS Relevance
Frequently Asked Questions
Which Articles of the Constitution deal with citizenship?
Articles 5 to 11 in Part II deal with citizenship. They only identify the persons who became citizens of India on 26 January 1950, and empower Parliament to make laws on acquisition and loss of citizenship, which it did through the Citizenship Act of 1955.
Who became a citizen under Article 5?
A person who had his or her domicile in India and either was born in India, had a parent born in India, or had been ordinarily resident in India for five years immediately before the commencement of the Constitution became a citizen of India.
What is the difference between a citizen and an alien?
Citizens are full members of the Indian State, owe allegiance to it and enjoy all civil and political rights. Aliens are citizens of some other state and do not enjoy all those rights. Aliens may be friendly or enemy aliens.
Who are enemy aliens?
Enemy aliens are the subjects of a country that is at war with India. They enjoy lesser rights than friendly aliens; for example, they do not enjoy protection against arrest and detention under Article 22.
Which rights belong only to citizens?
Only citizens enjoy the rights under Articles 15, 16, 19, 29 and 30, the right to vote in Lok Sabha and assembly elections, the right to contest for Parliament and state legislatures, and eligibility for offices like President, Vice-President and judges.
Can a naturalised citizen become President of India?
Yes. In India both citizens by birth and naturalised citizens are eligible for the office of President, while in the United States only a citizen by birth, and not a naturalised citizen, is eligible for the office of President.
Does the Constitution say how citizenship is acquired later?
No. The Constitution contains neither permanent nor elaborate provisions. It only identifies those who became citizens at its commencement and empowers Parliament to make laws on acquisition and termination of citizenship, which led to the Citizenship Act of 1955.
What duties do citizens owe?
Along with their rights, citizens owe certain duties towards the Indian State, such as paying taxes, respecting the national flag and national anthem, and defending the country. The duties are the counterpart of the rights that citizens enjoy.
PYQ Practice — Statement Analysis
1 Citizenship is dealt with in Articles 5 to 11 of the Constitution.
They are in Part II.
2 Under Article 5, residence of ten years was required for a domiciled person to become a citizen.
The residence condition was five years immediately before the commencement, as an alternative to birth in India or a parent born in India.
3 Enemy aliens have protection against arrest and detention under Article 22.
They do not enjoy that protection.
4 Only a citizen by birth can become President of India.
In India both citizens by birth and naturalised citizens are eligible, unlike in the USA.
5 The Constitution contains detailed provisions on acquisition and loss of citizenship after 1950.
It leaves them to Parliament, which enacted the Citizenship Act, 1955.
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