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THE CONSTITUTION OF INDIA
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Part II

Article 8

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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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

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Article 8, Constitution of India 1950

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of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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

Summary

Draft Article 5B (Article 8) was debated on 10, 11 and 12 August 1949. It was not initially included in the Draft Constitution 1948. Instead, the Chairman of the Drafting Committee proposed its insertion. It regulated the citizenship rights of Indian origin persons residing outside India.

A member believed that the article provided unfair special treatment to Indians abroad who are seeking Indian citizenship: as it allows for application and registration even after the commencement of the Constitution. However, the previous article, which grants citizenship to persons who have migrated from Pakistan, did not receive a similar prospective application.

The Assembly adopted the Article without amendments on 12 August 1949.