Article 5 of the Indian Constitution

Article 5 of the Indian Constitution played a foundational role in building the legal identity of Indian citizens at the time of independence. It ensu

Article 5 of the Indian Constitution – Citizenship at the Commencement of the Constitution

The Constitution of India is the backbone of our democracy. It defines who we are as a nation, how the government works, and what rights and duties citizens have. Among its many important parts, citizenship holds a very special place. Citizenship decides who legally belongs to the country and who enjoys full political and civil rights.

When India became independent on 15 August 1947, the country was divided into India and Pakistan. This division, known as Partition, created one of the biggest migrations in human history. Millions of people crossed borders due to religion, fear, and violence. Families were broken, homes were lost, and identities were questioned.

In such a situation, one very important question arose:

👉 Who is an Indian citizen?

To answer this question, the framers of the Constitution included Articles 5 to 11 under Part II of the Constitution. Among these, Article 5 is the starting point. It defines who was considered a citizen of India on the date when the Constitution came into force, that is 26 January 1950.

This blog post explains Article 5 of the Indian Constitution in simple, easy, human-written English, in a detailed manner, suitable for students, bloggers, competitive exam aspirants, and general readers.

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Position of Article 5 in the Indian Constitution

Before going deep, let us understand where Article 5 stands.

• Part II of the Constitution of India deals with Citizenship

• It contains Articles 5 to 11

• Article 5 is the foundation article of citizenship

👉 Article 5 answers:

• Who was a citizen of India on 26 January 1950?

It does not talk about future citizenship or how to acquire citizenship later. That is covered under other laws, especially the Citizenship Act, 1955.

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Text of Article 5 (Simplified)

In simple words, Article 5 says:

A person shall be a citizen of India at the commencement of the Constitution if:

1. He/she was domiciled in India, and

2. He/she fulfilled any one of the following conditions:

   • Born in India, or

   • Either parent was born in India, or

   • Ordinarily resident in India for at least 5 years before 26 January 1950.

This looks short, but each word has deep legal meaning. Let us break it step by step.

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Meaning of “Commencement of the Constitution”

The Constitution of India came into force on:

📅 26 January 1950

This date is celebrated every year as Republic Day.

So, Article 5 applies only on that specific date. It decides who was a citizen on that day, not before or after.

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What is “Domicile”? – The Most Important Condition

The first and most important requirement under Article 5 is domicile in India.

Meaning of Domicile

In simple words:

👉 Domicile means a permanent home

A person is domiciled in a country if:

• He/she lives there permanently

• He/she intends to stay there for an indefinite period

• The country is considered his/her real home

Domicile is not the same as residence.

Difference Between Residence and Domicile

Residence	Domicile
Temporary stay	Permanent intention
May change frequently	Usually one at a time
Short-term	Long-term or lifelong

A person can have many residences, but only one domicile at a time.

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Types of Domicile

Indian law recognises mainly three types:

1. Domicile of Origin

• Acquired by birth

• Usually the domicile of parents

2. Domicile of Choice

• Acquired by settling in another country permanently

• Requires intention + actual stay

3. Domicile by Operation of Law

• Applies to minors or dependent persons

For Article 5, what matters is whether the person’s domicile was in India on 26 January 1950.

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Second Requirement: Additional Conditions

Once domicile is established, any one of the following three conditions must be satisfied.

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Condition 1: Person Born in India

If a person:

• Was born in India, and

• Had domicile in India

👉 He/she was a citizen under Article 5.

What does “India” mean here?

“India” refers to the territory of India as recognised under the Constitution.

This includes:

• British India

• Indian princely states that joined India

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Condition 2: Either Parent Born in India

Even if a person was not born in India, he/she could still be a citizen if:

• Either father or mother was born in India, and

• The person had domicile in India

This provision was included to ensure that people of Indian origin were not excluded unfairly.

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Condition 3: Ordinary Residence for 5 Years

A person could also become a citizen if:

• He/she was ordinarily resident in India, and

• Had lived in India for at least 5 years immediately before 26 January 1950

Meaning of “Ordinarily Resident”

Ordinary residence means:

• Regular living

• Normal course of life

• Not temporary or casual stay

For example:

• A tourist is not ordinarily resident

• A student or worker living for years may be ordinarily resident

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Why Was Article 5 Necessary?

To understand the importance of Article 5, we must understand the historical background.

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Historical Background – Partition of India

In 1947:

• India was divided into India and Pakistan

• Millions migrated across borders

• Religious violence caused chaos

Many people:

• Born in India moved to Pakistan

• Born outside India came to India

• Lost documents and proof of identity

The framers of the Constitution had to:

• Protect genuine Indians

• Prevent confusion

• Avoid statelessness

Article 5 provided a fair and flexible solution.

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Article 5 and Secularism

One of the most important features of Article 5 is that:

👉 Religion is NOT mentioned anywhere

Citizenship was not based on religion.

Hindu, Muslim, Sikh, Christian, Jain, Parsi — all were treated equally.

This reflects the secular character of the Indian Constitution.

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Judicial Interpretation of Article 5

Indian courts have interpreted Article 5 in several cases.

Key Case: State of Bihar v. Kumar Amar Singh

In this case, the Supreme Court explained the meaning of domicile and residence.

The Court held:

• Mere residence is not enough

• Intention to stay permanently is essential

The Supreme Court of India has repeatedly emphasized that domicile is a question of fact and intention.

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Article 5 vs Articles 6, 7, and 8

To fully understand Article 5, it must be compared with other citizenship articles.

Article 6

• Deals with migrants from Pakistan to India

Article 7

• Deals with migrants from India to Pakistan

Article 8

• Deals with persons of Indian origin living abroad

👉 Article 5 applies to ordinary situations, while Articles 6–8 handle exceptional migration cases.

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Article 5 and Citizenship Act, 1955

Article 5 worked only at the commencement of the Constitution.

Later, Parliament enacted the Citizenship Act, 1955 under Article 11.

The Citizenship Act now governs:

• Citizenship by birth

• Citizenship by descent

• Citizenship by registration

• Citizenship by naturalisation

• Termination of citizenship

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Limitations of Article 5

While Article 5 was necessary, it had some limitations:

1. Applied only on one date

2. Does not apply today

3. Complex interpretation of domicile

4. Depended heavily on facts and evidence

However, for its time, it was practical and fair.

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Importance of Article 5 for Students

Article 5 is extremely important for:

• Law students

• UPSC aspirants

• Judiciary exams

• State PCS

• Political science students

Common exam questions:

• Explain Article 5

• What is domicile?

• Citizenship at commencement of Constitution

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Article 5 in Simple One-Line Explanation

👉 Article 5 defines who was an Indian citizen on 26 January 1950 based on domicile and birth, parentage, or long residence in India.

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Real-Life Example for Easy Understanding

Suppose:

• Ramesh was born in Delhi

• Lived in India since birth

• Intended to stay in India permanently

👉 He was an Indian citizen under Article 5.

Another example:

• Ahmed was born in Lahore (before Partition)

• Shifted to India in 1947

• Lived continuously till 1950

👉 Depending on facts, he could qualify under Article 5 or Article 6.

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Connection of Article 5 with Fundamental Rights

Only citizens enjoy certain Fundamental Rights like:

• Article 15

• Article 16

• Article 19

Thus, Article 5 indirectly affects Fundamental Rights.

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Why Article 5 Still Matters Today

Even though Article 5 is historical:

• It explains India’s constitutional philosophy

• Shows commitment to secularism

• Reflects inclusive citizenship

• Helps understand modern citizenship debates

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Conclusion

Article 5 of the Indian Constitution is a historic and foundational provision. It solved one of the most complex problems India faced after independence — deciding who belonged to the new nation.

By focusing on:

• Domicile

• Birth

• Parentage

• Residence

and by rejecting religion as a criterion, Article 5 upheld the ideals of justice, equality, and secularism.

Even today, when citizenship debates arise, Article 5 reminds us of the inclusive and humane vision of the Constitution makers.