Article 8 of the Indian Constitution: Rights of citizenship of certain persons of Indian origin

Article 8 of the Indian Constitution: Rights of citizenship of certain persons of Indian origin residing outside India

Article 8 of the Indian Constitution reads as follows:

"Notwithstanding anything in Article 5, any 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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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."

 

Explanation:

1. Context: Article 8 of the Indian Constitution provides for the acquisition of Indian citizenship by persons of Indian origin residing outside India. This article applies to individuals who or whose parents or grandparents were born in India as defined in the Government of India Act, 1935.

2. Acquisition of Citizenship: According to Article 8, individuals meeting the criteria mentioned above will be deemed to be citizens of India if they have been registered as citizens of India by the diplomatic or consular representative of India in the country where they are currently residing. This registration must be done through an application made by the individual to the respective diplomatic or consular representative.

3. Application Process: The application for citizenship registration should be made in the form and manner prescribed by either the Government of the Dominion of India (referring to the pre-Independence period) or the Government of India (referring to the post-Independence period). The specific details and requirements for the application process are determined by the government authorities and may vary over time.

4. Timeliness: Article 8 clarifies that the application for citizenship registration can be made either before or after the commencement of the Indian Constitution. This means that individuals could apply for registration as Indian citizens even if they were residing outside India before the Constitution came into effect.

5. Superseding Article 5: Article 5 of the Indian Constitution deals with the concept of citizenship at the commencement of the Constitution. However, Article 8 provides an exception to Article 5, stating that the provisions of Article 5 do not apply in the case of persons covered under Article 8. In other words, the acquisition of citizenship under Article 8 supersedes the provisions of Article 5 for individuals meeting the prescribed criteria.

 

It is important to note that the specific procedures, guidelines, and requirements for acquiring citizenship under Article 8 may be subject to changes made by the government over time. Therefore, it is advisable to refer to the current laws and regulations in force at the time of any application for citizenship.

I hope this explanation clarifies Article 8 of the Indian Constitution regarding the citizenship of certain persons of Indian origin residing outside India. If you have any further questions or need clarification on any other aspects, please let me know.

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