Maarg Manthan · Topic 5.3

Rights of Citizenship of Persons of Indian Origin Residing Outside India (Article 8)

Indian Polity › Citizenship · Topic 5.3

Article 8 lets a person of Indian origin living abroad, whose self, parent or grandparent was born in undivided India, become an Indian citizen by registration with the Indian diplomatic or consular representative.

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Rights of Citizenship of Persons of Indian Origin Residing Outside India (Article 8) - Indian Polity - MaargX UPSC Maarg Manthan

At a Glance

  • What it is The rule for persons of Indian origin who live outside India and wish to become citizens
  • Test The person, a parent or a grandparent was born in undivided India
  • Route Registration as a citizen by the Indian diplomatic or consular representative in the country of residence
  • Covers Overseas Indians
  • Exam link UPSC Prelims, Polity: Citizenship

Where Does It Fit?

Articles 5 to 7 covered persons in India or those who moved at the Partition. Article 8 reaches persons living abroad. Its logic later reappears in the law on Overseas Citizenship of India, which is taken up in the last topics of this category.

What Does Article 8 Provide?

A person who, or any of whose parents or grandparents, was born in undivided India, but who is ordinarily residing outside India, shall become an Indian citizen if he or she has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his or her residence. The registration may have been made before or after the commencement of the Constitution. This provision covers the overseas Indians who may want to acquire Indian citizenship.

How Does Article 8 Compare with Article 5?

Article 5 Article 8
Residence Domiciled in India Ordinarily residing outside India
Link to India Born in India, parent born in India, or five years’ residence Self, parent or grandparent born in undivided India
How citizenship arises Automatically at the commencement By registration with the Indian diplomatic or consular representative

How Is an Overseas Indian Described in Official Terms?

Three terms are used for Indians abroad, and only the first is a citizen.

Term Who is meant
Non-Resident Indian (NRI) An Indian citizen who is ordinarily residing outside India and holds an Indian passport
Person of Indian Origin (PIO) A person who, or whose ancestor, was an Indian national and who presently holds another country’s citizenship or nationality, that is, a foreign passport; the PIO card scheme was rescinded in January 2015
Overseas Citizen of India (OCI) Cardholder A person registered as an Overseas Citizen of India Cardholder under the Citizenship Act, 1955

Article 8 concerns persons who became citizens by registration. The PIO and OCI categories are separate from citizenship and are taken up in a later topic.

What Does It Tell Us About Citizenship Law?

Article 8 shows that the Constitution allowed descent from undivided India to count, even for a person who lives outside the country. The later law uses a similar idea: a person is deemed to be of Indian origin if he or she, or either of the parents, was born in undivided India or in such other territory which became part of India after 15 August 1947, and such a person ordinarily resident outside undivided India can be registered as a citizen under the Citizenship Act, 1955.

Why Is This Topic Important?

  • Overseas Indians It is the constitutional basis for the claim of persons of Indian origin abroad
  • Direct Prelims material The registration route and the grandparent test can be asked directly

What Came Next?

The next topic covers Article 9, which provides that a person who voluntarily acquires foreign citizenship ceases to be an Indian citizen.

Key People and Terms

  • Undivided India The area before the Partition
  • Diplomatic or consular representative The official who registers an overseas Indian as a citizen
  • Ordinarily resident outside India The condition in Article 8
  • Person of Indian origin Self or a parent born in undivided India, or in territory that joined India after 15 August 1947 (Citizenship Act)

Exam Corner

Points to Remember

  • Article 8: persons of Indian origin residing outside India.
  • Test: self, parent or grandparent born in undivided India.
  • Route: registration by the Indian diplomatic or consular representative.
  • The registration could be before or after commencement.

Do Not Confuse With

  • Article 5 and Article 8 Article 5 covers those domiciled in India; Article 8 covers those living abroad
  • Registration under Article 8 and the Citizenship Act Article 8 applied at the commencement of the Constitution; the Act governs registration afterwards
  • Overseas Indian and OCI cardholder Article 8 gave citizenship; an OCI cardholder is not a citizen

Memory Hook

Born in undivided India, living abroad, registered at the Indian mission: Article 8.

Mains Angle

Questions on this Article usually link it to the diaspora. Use these points to add depth.

  • Descent counts Birth of a grandparent in undivided India was enough
  • Registration abroad The Indian mission registered such persons as citizens
  • Foundation for the diaspora policy The idea of Indian origin runs into the later Citizenship Act and OCI scheme

A Question You May Face

An original practice question, not a past paper question.

“Explain the constitutional provision for overseas persons of Indian origin.”

How to Answer

  1. Introduction Article 8 and its place among Articles 5 to 8.
  2. Provision Descent test and registration by the diplomatic or consular representative.
  3. Link The later law on Indian origin and OCI.
  4. Conclusion Descent from undivided India could be enough for citizenship by registration.

GS Relevance

Prelims: Indian Polity, Citizenship. GS Paper 2: Constitutional provisions on citizenship, Indian diaspora.

Frequently Asked Questions

What does Article 8 of the Constitution provide?

Article 8 provides that a person who, or whose parent or grandparent, was born in undivided India, but who ordinarily resides outside India, becomes an Indian citizen if registered as a citizen by the diplomatic or consular representative of India in the country of residence.

Who registers a person under Article 8?

The diplomatic or consular representative of India in the country where the person ordinarily resides registers the person as a citizen of India. The registration could be made before or after the commencement of the Constitution.

Whom does Article 8 cover?

It covers overseas Indians, that is, persons of Indian origin who live outside India and want to acquire Indian citizenship. The test is that the person, a parent or a grandparent was born in undivided India.

How is Article 8 different from Article 5?

Article 5 covers persons domiciled in India at the commencement, who become citizens by birth, parentage or five years of residence. Article 8 covers persons living outside India, who become citizens only by registration with the Indian representative abroad.

What does person of Indian origin mean in the Citizenship Act?

A person is deemed to be of Indian origin if he or she, or either of the parents, was born in undivided India or in such other territory which became part of India after 15 August 1947, according to the Citizenship Act of 1955.

Does Article 8 allow dual citizenship?

No. Article 9 provides that a person who voluntarily acquires the citizenship of a foreign state is not a citizen of India. Article 8 only allowed persons of Indian origin abroad to register as Indian citizens.

Is an OCI cardholder a citizen under Article 8?

No. An Overseas Citizen of India cardholder is a different status created by the Citizenship Act and is not citizenship. Article 8 itself dealt with registration of persons of Indian origin abroad as citizens of India at the commencement.

Why is undivided India used in the test?

Undivided India is used because the Constitution was framed around the Partition. A birth in undivided India by the person, a parent or a grandparent shows a link to the country that existed before 15 August 1947.

PYQ Practice — Statement Analysis

1 Article 8 deals with persons of Indian origin residing outside India.
True

They could be registered as citizens by the Indian diplomatic or consular representative.

2 Under Article 8, a person whose grandparent was born in undivided India could be registered.
True

The person, a parent or a grandparent had to be born in undivided India.

3 Article 8 gives citizenship automatically at birth.
False

Citizenship under Article 8 arises by registration with the Indian representative abroad.

4 Article 8 covers persons domiciled in India.
False

That is Article 5. Article 8 covers persons residing outside India.

5 An OCI cardholder becomes a citizen under Article 8.
False

An OCI cardholder is not a citizen.

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