Constitution Section 5 — Citizenship at the commencement of the Constitution

Summary

At the time the Constitution came into effect, a person living in India with a permanent home there became a citizen if they were born in India, or if either of their parents was born in India, or if they had lived in India for at least five years right before that date.

Official Text

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.

Related Judgments

• Dr.Hemchandra Madhav Kulkarni; and another ..Peti vs 1. The State of Maharashtra, and others ..Respon — Bombay High Court (Mumbai Principal Seat) (2004)
• KULATHIL MAMMU vs THE STATE OF KERALA — Supreme Court of India (1966)
• THE STATE TRADING CORPORATION OF INDIA LTD. & OTHERS vs THE COMMERCIAL TAX OFFICER, VISAKHA- PATNAM AND OTHERS — Supreme Court of India (1963)
• STATE OF GUJARAT vs YAKUB IBRAHIM — Supreme Court of India (1973)