Bare ActOfficial Text of Article 5
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.
On 26 January 1950, India needed a starting list of citizens. Article 5 made that list using a simple two-step test.
Step 1, domicile: the person must have their permanent home in India, meaning India is where they live and intend to stay for good.
Step 2, any ONE of these: (a) they were born in India, or (b) their mother or father was born in India, or (c) they had been living in India for at least 5 years just before 26 January 1950.
If both steps were met, the person automatically became an Indian citizen. Articles 6 to 8 then covered special groups affected by Partition and Indians living abroad.
🏠 Everyday Analogy
Think of a new housing society on its opening day. The founding members are those who already own a flat there (domicile) AND were born in the colony, or whose parents were, or who have lived there for 5 years. Anyone who joins later follows the society's bye-laws, which in India's case is the Citizenship Act, 1955.
🇮🇳 Real Indian Example
Meera was born in Nepal in 1930, but her father was born in Patna and the family settled permanently in Patna. On 26 January 1950 she became an Indian citizen under clause (b). Her neighbour Joseph, born in Sri Lanka, had made Patna his permanent home in 1942. Eight years of residence meant he qualified under clause (c).
Quick RevisionKey Points to Remember
- Article 5 applied only on 26 January 1950; it is not a rule for people born later.
- Domicile in India was compulsory in every case.
- Plus any one of: born in India, a parent born in India, or 5 years' ordinary residence.
- India has single citizenship: one Indian citizenship for the whole country, no separate State citizenship.
- Citizenship after 1950 is governed by the Citizenship Act, 1955 (see Article 11).
UPSC · State PSC · JudiciaryExam Corner
- Early start: under Article 394, Articles 5 to 9 came into force on 26 November 1949, the day the Constitution was adopted, not on 26 January 1950.
- Part II (Articles 5 to 11) does not give a permanent law of citizenship. It only identifies citizens at commencement and leaves the rest to Parliament.
- Single citizenship is borrowed from the British Constitution. The USA, by contrast, has dual (federal and state) citizenship.
- Domicile means a permanent home; ordinary residence alone, without intention to stay, was not enough.
Practice MCQTest Yourself: Article 5
On 26 January 1950, a person domiciled in India became a citizen under Article 5 if:
Doubts ClearedFrequently Asked Questions
Does Article 5 decide the citizenship of a child born today?
No. Article 5 only covered people on 26 January 1950. A child born today gets citizenship under the Citizenship Act, 1955, made by Parliament under Article 11.
What does "domicile" mean?
Domicile means the place a person treats as their permanent home, where they live and intend to stay indefinitely.
Does India allow separate State citizenship?
No. India has single citizenship. Every citizen is a citizen of India, whichever State they live in.