Article 5: Citizenship at the commencement of the Constitution

Article 5, Draft Constitution of India 1948

At the date of commencement of this Constitution-

(a) Every person who or either of whose parents or any of whose grandparents was born in the territory of India as defined in this Constitution and who has not made his permanent abode in any foreign State after the first day of April, 1947; and

(b) Every person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), or in Burma, Ceylon or Malaya, and who has his domicile in the territory of India as defined in this Constitution, shall be a citizen of India, provided that he has not acquired the citizenship of any foreign State before the date of commencement of this Constitution.

Explanation.- For the purposes of clause (b) of this article, a person shall be deemed to have his domicile in the territory of India

Article 5, Constitution of India 1950

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.