Article 8 of The Constitution of India

Article 8 of The Constitution of India (Original Text):

Rights of citizenship of certain persons of Indian origin residing outside India-

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of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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

Explanation-Article 8 of The Constitution of India:

This article outlines the citizenship rights for persons of Indian origin residing outside India, specifying the conditions under which they may be deemed citizens of India.

Citizenship Rights for Persons of Indian Origin Residing Outside India

  • Scope of Provision:
    • Despite the provisions of 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, and who is ordinarily residing in any country outside India as so defined, shall be deemed to be a citizen of India under certain conditions.
  • Qualification Criteria:
    • The person must meet the following criteria:
      • Born in India as defined in the Government of India Act, 1935.
      • Ordinarily residing in any country outside India.
    • Additionally, the following conditions apply:
      • The person must have been registered as a citizen of India by the diplomatic or consular representative of India in the country where they are residing at the time of application.
      • The application for registration may be made either before or after the commencement of this Constitution and must be submitted in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

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