Bare ActOfficial Text of Article 8
8. Rights of citizenship of certain persons of Indian origin residing outside India.—
Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
Article 8 is for people of Indian origin living abroad around 1950, who could not meet Article 5 because they did not have a permanent home in India.
Who qualified: the person, a parent or a grandparent was born in undivided India (as defined in the Government of India Act, 1935), and the person was ordinarily living in some other country.
How: they had to apply to the Indian embassy, high commission or consulate in the country where they lived. Once that office registered them, they became Indian citizens. They could apply before or after 26 January 1950.
So citizenship under Article 8 was not automatic. It needed an application and registration.
🏠 Everyday Analogy
Think of your school's alumni who moved to other cities. They are not on today's class register, but if they write to the school office through the proper channel and get their names entered, they are counted as members of the school family again.
🇮🇳 Real Indian Example
Ramlal's grandfather was taken from Bihar to Fiji as an indentured labourer in 1905. Ramlal was born and lived in Suva. In 1951 he applied at India's office in Fiji and was registered, so he became a citizen of India under Article 8 without ever having lived in India.
Quick RevisionKey Points to Remember
- For persons of Indian origin ordinarily residing outside India.
- Roots test: self, parent or grandparent born in undivided India.
- Citizenship only after registration by an Indian diplomatic or consular representative.
- Application allowed before or after the commencement of the Constitution.
- Article 8 also overrides Article 5 ("Notwithstanding anything in article 5").
UPSC · State PSC · JudiciaryExam Corner
- Registration authority: the diplomatic or consular representative of India (embassy, high commission or consulate), not an officer in India.
- Do not confuse Article 8 with today's Overseas Citizen of India (OCI) card. OCI, under Section 7A of the Citizenship Act, gives lifelong visa and other benefits but is not citizenship; OCI cardholders cannot vote or hold constitutional posts.
- Articles 6 and 8 both use the grandparent test and the GoI Act, 1935 definition of India.
- Article 9 cancels Article 8 benefits for anyone who voluntarily took a foreign country's citizenship.
Practice MCQTest Yourself: Article 8
Under Article 8, a person of Indian origin living abroad could become an Indian citizen by registering with:
Doubts ClearedFrequently Asked Questions
Did people of Indian origin abroad become citizens automatically in 1950?
No. Under Article 8 they had to apply to India's diplomatic or consular office in their country and get registered.
Is an OCI cardholder an Indian citizen?
No. The OCI card under the Citizenship Act gives benefits like a lifelong visa, but it is not citizenship. OCI holders cannot vote or contest elections.
Who could register a person under Article 8?
The diplomatic or consular representative of India in the country where the person was living.