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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 5
Citizenship at the commencement of the Constitution

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26 Parts12 Schedules506 indexed article entries, including historical omissions
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Source edition: as on 1 May 2026. Omitted and struck-down reference entries remain labelled. Open the authoritative PDF ↗

Article 5 / Part II

Citizenship at the commencement of the Constitution

included in edition
THE PLAIN-LANGUAGE GUIDE

What does this mean?

This identifies who was an Indian citizen when the Constitution began, using domicile and specified birth or residence connections. It is a starting-point rule for 1950, not the complete law of citizenship today.

The citizenship settlement when the Constitution began, alongside Parliament's power to make later citizenship law.

PURPOSE & CONTEXT

Why is this provision here?

A new constitutional order needed a starting rule identifying its citizens on commencement.

Historical evidence

This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.

The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.

Limits, exceptions & reading carefully

Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.

Read the official constitutional text
5. Citizenship at the commencement of the Constitution.—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.

Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.