Constitution Section 8 — Rights of citizenship of certain persons of Indian origin residing outside India

Part II — CITIZENSHIP

Constitutional

Summary

This section says that a person living outside India can still be considered an Indian citizen if they, or either of their parents, or any of their grandparents, were born in India as defined by the Government of India Act of 1935. To get this status, the person must apply to an Indian diplomatic or consular representative in the country where they are living and be registered as a citizen by that representative. This rule applies even if the person does not meet the conditions for citizenship mentioned in article 5 of the Constitution.

Official Text

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of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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.