Constitution of India · Part II: Citizenship
Article 5: Citizenship at the commencement of the Constitution
In plain words
When the Constitution began, every person domiciled in India became a citizen if they were born in India, or either parent was born in India, or they had ordinarily lived in India for at least five years before that date.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 5
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Dr. Tanvi Behl v. Shrey Goel & Ors.
Whether providing domicile/residence-based reservation in admission to Postgraduate (PG) Medical Courses within the State Quota is constitutionally invalid and impermissible; Difference between domicile and residence…
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Basudev Dutta v. The State of West Bengal & Ors.
Issue arose as regards the correctness of the termination order of the appellant-employee after rendering 26 years of service, based on the police verification report that he was considered ‘unsuitable’ for employment…
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Union of India v. Pranav Srinivasan
The issue involved in the instant cases concerns the grant of Indian citizenship to the respondent.
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IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
Issue arose as regards the constitutional validity of s.6A of the Citizenship Act; does s.6A offend preambular values like fraternity; s.6A, if ultra vires Part II of the Constitution; does s.6A create an unreasonable…
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