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CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India

Under Article 5 of the Constitution, which person was a citizen of India at the commencement of the Constitution on 26 January 1950?

Under Article 5, a person domiciled in India became a citizen on 26 January 1950 if born in India, or if either parent was born in India, or if ordinarily resident in India for at least five years before commencement. Domicile is essential.

  1. AA person who was domiciled in India and was born in India, or whose parent was born in India, or who had been ordinarily resident in India for not less than five years before commencementCorrect
  2. BA person who held a British passport and was living in India on that date
  3. CA person born in India whose parents were both foreign nationals on that date
  4. DAny person living in India on that date, whatever their domicile

Explanation

Article 5 grants citizenship at commencement to a person domiciled in India who satisfies any one of three conditions: birth in India, birth of either parent in India, or ordinary residence in India for at least five years immediately before commencement. Domicile is a necessary requirement, so mere presence or holding a foreign passport does not confer citizenship.

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