Article 8 of the Indian Constitution: Rights of Citizenship of Persons of Indian Origin Residing Outside India | Kanoon.site
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Article 8 of the Indian Constitution: Rights of Citizenship of Persons of Indian Origin Residing Outside India

Part: II
Shorthand Notes: PIOs abroad, citizenship by registration at commencement

Article 8 of the Indian Constitution addresses the citizenship rights of individuals of Indian origin who were residing outside the territory of India at the time of the commencement of the Constitution. It provides a specific pathway for such persons to acquire Indian citizenship on January 26, 1950, recognizing the significant Indian diaspora present globally even before independence and partition.

This article complements the other provisions in Part II of the Constitution (Articles 5 to 11) that define who became a citizen of India at its commencement. While Articles 5, 6, and 7 primarily dealt with persons residing within India or migrating to/from Pakistan, Article 8 specifically caters to those of Indian lineage living elsewhere in the world.

Original Text

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of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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

Detailed Explanation

Article 8 lays down the criteria for conferring Indian citizenship, at the commencement of the Constitution (January 26, 1950), upon persons of Indian origin residing outside India.

  1. Applicability: This article applies to 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of whose parents, or any of whose grandparents, was born in ‘India as defined in the Government of India Act, 1935 (as originally enacted)’. This definition of ‘India’ includes the territories that later became Pakistan and Bangladesh, reflecting the pre-partition geography.
  2. Residence: The person must be “ordinarily residing in any country outside India as so defined”. This means they should be living in a country that was not part of British India as defined in the 1935 Act.
  3. Method of Acquiring Citizenship: Such a person would be “deemed to be a citizen of India” if they fulfilled a specific condition: registration.
  4. Registration Requirement: The person had to be registered as a citizen of India by the diplomatic or consular representative of India in the country where they were residing.
  5. Application: The registration was based on an application made by the person to the concerned diplomatic or consular representative.
  6. Timeline for Application: The application for registration could have been made “whether before or after the commencement of this Constitution”. However, the deemed citizenship under Article 8 took effect only at the commencement of the Constitution (January 26, 1950), provided the registration process was completed or initiated as per the prescribed rules.
  7. Form and Manner: The application had to be made “in the form and manner prescribed by the Government of the Dominion of India or the Government of India”. This refers to the procedural rules laid down by the government for such registration.

In essence, Article 8 provided a mechanism for individuals of Indian descent living abroad to connect with their roots and become citizens of independent India at its inception, through a formal registration process conducted by India’s diplomatic missions.

Detailed Notes

  • Target Group: Persons of Indian origin residing outside India.
  • Definition of Indian Origin: A person, or either parent, or any grandparent born in ‘India as defined by the Government of India Act, 1935 (as originally enacted)’. This pre-partition definition includes current territories of India, Pakistan, and Bangladesh.
  • Location of Residence: Ordinarily residing in any country outside the ‘India’ defined above.
  • Mechanism for Citizenship: Citizenship is acquired by registration.
  • Registering Authority: Diplomatic or consular representative of India in the country of residence.
  • Process: Application by the person to the diplomatic/consular representative.
  • Application Timeline: Application could be made before or after the commencement of the Constitution.
  • Citizenship Effective Date: The person is deemed to be a citizen of India at the commencement of the Constitution (January 26, 1950), provided the registration condition is met according to the rules.
  • Prescribed Procedure: Application must follow the form and manner prescribed by the Government of the Dominion of India or the Government of India.
  • Distinct from Other Articles: This article specifically covers the Indian diaspora residing in countries other than India or Pakistan, differentiating it from Articles 5, 6, and 7.

Additional Comments

  • Article 8 is specifically designed to provide citizenship at the commencement of the Constitution (January 26, 1950) to the Indian diaspora abroad. It is not a provision for acquiring citizenship after commencement.
  • The reference to the Government of India Act, 1935’s definition of India is crucial for determining ‘Indian origin’, covering the undivided India territory.
  • This article highlights the foresight of the Constitution makers in acknowledging and providing for the connection of people of Indian descent living overseas.
  • It is distinct from the concept of Overseas Citizen of India (OCI), which was introduced much later through amendments to the Citizenship Act, 1955, and does not confer full citizenship rights but offers certain benefits of residency.
  • The registration had to be completed as per the rules laid down by the government of the time.

Summary

Article 8 of the Indian Constitution granted citizenship at the commencement of the Constitution to individuals of Indian origin residing outside India. It applied to those whose parents or grandparents were born in undivided India (as per the 1935 Act definition) and who were living in other countries. Citizenship under this article was acquired through registration by an application made to India’s diplomatic or consular representative in their country of residence, according to the prescribed procedure. This provision specifically addressed the citizenship status of the Indian diaspora living globally at the time India became a Republic.
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