Article 8 of the Indian Constitution
The Constitution of India is not just a political document but also a social charter that defines the relationship between the State and its people. Among its many provisions, the parts dealing with citizenship were of great importance when the Constitution was first adopted. India became independent in 1947 after almost two hundred years of colonial rule, and the framing of the Constitution brought with it the challenge of determining who would be considered citizens of this newly independent nation. Since independence also involved large-scale migration, partition, and a diaspora of Indians settled abroad, it became necessary to carefully define citizenship rules. Article 8 of the Indian Constitution is one such provision that directly addresses the rights of Indians living outside India.
This article may appear to be a small clause in the Constitution, but its implications are significant. It clarifies who among people of Indian origin residing abroad can claim citizenship of India. At the time of independence, many Indians had migrated and settled in countries like Burma (Myanmar), Ceylon (now Sri Lanka), Fiji, South Africa, Mauritius, East Africa, and other parts of the world. Some had moved for trade, others for work, and many had been taken abroad as indentured labourers during colonial times. When India became independent, a question arose: would these Indians settled abroad also be citizens of India? Article 8 of the Constitution directly deals with this issue and provides clarity on how such persons could be recognised as Indian citizens.
The Citizenship Provisions in the Constitution
Before understanding Article 8, it is important to place it in the broader framework of the citizenship provisions of the Indian Constitution. Citizenship was dealt with in Part II of the Constitution (Articles 5 to 11). These provisions came into force on 26th January 1950, the date on which the Constitution was adopted. The provisions were meant to determine who would be citizens of India at that moment, as citizenship could not be left uncertain during the transition from colonial rule to a sovereign republic.
Articles 5 to 11 addressed different categories of people:
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Article 5 dealt with citizenship of persons domiciled in India at the commencement of the Constitution.
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Article 6 covered people who migrated from Pakistan to India.
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Article 7 concerned people who migrated from India to Pakistan.
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Article 8 related to persons of Indian origin residing outside India.
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Article 9 stated that no person who voluntarily acquired the citizenship of a foreign country would be considered a citizen of India.
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Article 10 declared that those who were Indian citizens at the commencement of the Constitution would continue to be so.
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Article 11 gave Parliament the power to make laws regarding acquisition and termination of citizenship after the Constitution came into force.
Thus, Article 8 is a part of this carefully designed set of provisions. Its special focus is on Indians settled abroad, also known as the Indian diaspora.
Text of Article 8
Article 8 of the Constitution reads:
“Nothing in Article 5 shall derogate from the right of 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 to 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.”
This provision may appear lengthy and technical, but it can be broken down into simpler parts. Essentially, Article 8 states that a person of Indian origin, whose parents or grandparents were born in India (as defined in the Government of India Act, 1935), and who is ordinarily residing in another country, can be registered as a citizen of India by applying to the diplomatic or consular representative of India in that country.
Key Ingredients of Article 8
When simplified, Article 8 contains four important elements. First, it applies to persons who are of Indian origin. Second, it extends eligibility to those whose parents or grandparents were born in India as defined in the 1935 Act. Third, it applies to persons who are ordinarily residing in any country outside India. Fourth, citizenship is granted only if the person applies and is registered by the diplomatic or consular representative of India in the country where they live.
Thus, Article 8 does not grant automatic citizenship to Indians abroad. Instead, it gives them the right to apply for Indian citizenship and be recognised as such if they satisfy the conditions and follow the prescribed procedure.
Historical Context of Article 8
To fully understand Article 8, it is necessary to appreciate the historical background. During British colonial rule, large numbers of Indians were taken abroad as indentured labourers to work in plantations in Fiji, Mauritius, the Caribbean islands, South Africa, and other colonies. Many others migrated voluntarily to Burma, Malaya, Ceylon, and East Africa for trade, education, or employment. These people had lived outside India for decades, and at the time of independence, questions naturally arose about their national identity.
The Constituent Assembly debated these issues extensively. On one hand, India felt a moral obligation to recognise these people as Indians since they were descendants of those who had left India under difficult circumstances. On the other hand, it was practically difficult to grant automatic citizenship to people scattered across the globe, many of whom had already integrated into the political systems of the countries where they lived. Article 8 was designed as a balanced solution—it recognised the rights of such persons of Indian origin but made their citizenship conditional upon their voluntary application for registration.
Relationship with Article 5
Article 5, as mentioned earlier, laid down the general rule that a person domiciled in India at the commencement of the Constitution would be a citizen of India if he or she was born in India, or either parent was born in India, or had been ordinarily residing in India for not less than five years before 26th January 1950. Article 8 specifically clarifies that nothing in Article 5 prevents persons of Indian origin residing abroad from claiming citizenship, provided they apply and get registered.
Therefore, Article 8 creates a special category. While Article 5 focused on those living within India’s territory, Article 8 extended citizenship rights to those living outside but having strong ancestral connections to India.
Citizenship by Registration under Article 8
Article 8 essentially provides for citizenship by registration for persons of Indian origin abroad. This process is different from automatic citizenship by birth or descent. Under Article 8, the person has to approach the diplomatic or consular representative of India in the country where he resides and formally apply for registration as a citizen of India.
Registration means that the Indian government acknowledges the person’s claim and records it officially. Only after such registration does the person become an Indian citizen under Article 8. The procedure and requirements for such registration were to be prescribed by the Government of India. This ensured that India had control over who could be recognised as a citizen among the vast diaspora.
Importance of the Government of India Act, 1935
Article 8 makes reference to the Government of India Act, 1935 in defining the term “India” for the purpose of determining birthplace of parents or grandparents. Under the 1935 Act, “India” included not just the territories that became independent India but also areas that later became Pakistan and Burma. Thus, for the purposes of Article 8, if a person’s parent or grandparent was born in undivided India as defined by the 1935 Act, they would qualify. This was significant because at the time of independence, India’s territorial boundaries had changed drastically due to Partition and the separation of Burma.
Role of Diplomatic and Consular Representatives
A unique aspect of Article 8 is the role given to diplomatic and consular representatives of India. These are Indian government officials stationed abroad in embassies, high commissions, and consulates. Article 8 authorises them to register persons of Indian origin residing in their host country as Indian citizens, provided such persons make an application. This decentralised the process and made it easier for people living in far-off countries to secure Indian citizenship without having to travel to India.
The provision also stated that applications could be made either before or after the commencement of the Constitution. This allowed flexibility for people who wanted to decide later, after assessing their circumstances in their adopted countries.
Limitations of Article 8
While Article 8 created an avenue for Indians abroad to become Indian citizens, it also had certain limitations. Citizenship was not automatic but conditional upon application and registration. Many persons of Indian origin had already accepted citizenship of the countries where they lived. Article 9 of the Constitution clearly stated that if a person voluntarily acquired the citizenship of another country, they could not simultaneously be a citizen of India. Therefore, Article 8 applied only to those who had not taken up foreign citizenship and who desired to retain their connection with India.
Another limitation was that Article 8 only covered those whose parents or grandparents were born in India. It did not extend indefinitely to further generations. Over time, as generations of Indians abroad became more distant from India, Article 8 lost practical significance for them.
Relevance of Article 8 After the Citizenship Act, 1955
The constitutional provisions on citizenship (Articles 5 to 11) were transitional and temporary in nature, meant to define citizenship at the time of commencement of the Constitution. After 1950, it was left to Parliament to make laws on citizenship under Article 11. Accordingly, the Citizenship Act, 1955 was enacted, which laid down comprehensive rules for acquisition and termination of citizenship.
The Citizenship Act provided for acquisition of citizenship by birth, descent, registration, naturalisation, and incorporation of territory. The special provision for persons of Indian origin abroad under Article 8 was now largely replaced by provisions in the Citizenship Act for registration and later, by the concept of Overseas Citizens of India (OCI) introduced in the 21st century.
Thus, Article 8 remains historically significant but practically less relevant today. It served its purpose at the time of independence to accommodate Indians abroad, but now citizenship is governed by the Citizenship Act and its amendments.
Indian Diaspora and Article 8
The Indian diaspora is one of the largest in the world, with millions of people of Indian origin settled in almost every corner of the globe. In 1950, when the Constitution came into force, there were significant populations of Indians in Mauritius, Fiji, Trinidad, Guyana, South Africa, East Africa, and Ceylon. Many of them were descendants of indentured labourers taken abroad during the 19th and early 20th centuries.
For these communities, Article 8 was an important recognition of their ancestral link to India. It gave them an opportunity to formally apply for Indian citizenship and preserve their legal bond with their motherland. However, not all of them exercised this option, since many had already adapted to the countries where they lived and found it more practical to accept local citizenship.
Judicial Interpretations of Article 8
Over the years, Indian courts have had limited occasions to interpret Article 8 directly, since it was a transitional provision. However, courts have clarified its scope in relation to Articles 5 and 9. Judicial decisions have emphasised that Article 8 does not automatically grant citizenship but requires registration by a diplomatic or consular officer. They have also highlighted that once a person voluntarily acquires foreign citizenship, they cannot claim Indian citizenship under Article 8, due to the prohibition in Article 9.
Article 8 and the Concept of Overseas Citizenship of India
In modern times, the concept of Article 8 can be seen as an early precursor to the idea of Overseas Citizenship of India (OCI). The OCI scheme, introduced through amendments to the Citizenship Act in the early 2000s, allows persons of Indian origin abroad to enjoy several rights in India such as multiple-entry visas, long-term stay, and parity with Non-Resident Indians in many fields. Though OCI is not the same as full citizenship, it reflects the continuing connection of India with its diaspora, similar to the concern that motivated Article 8 at the time of independence.
Contemporary Relevance of Article 8
Today, Article 8 may not be of direct operational significance because the Citizenship Act governs all matters of citizenship. Yet, Article 8 remains an important historical provision that shows the foresight of the framers of the Constitution in addressing the concerns of the Indian diaspora. It reflects the inclusive spirit of the Constitution and India’s recognition of its people living abroad.
The provision also serves as a reminder of the complexities involved in defining citizenship in a newly independent nation, especially one that had just undergone partition and had a global diaspora. Even though later laws took over, Article 8 still represents a symbolic connection between India and its overseas children.
Conclusion
Article 8 of the Indian Constitution was a special provision designed to address the citizenship rights of Indians living abroad at the time of independence. It allowed persons of Indian origin, whose parents or grandparents were born in India, and who were residing in other countries, to apply for registration as Indian citizens through diplomatic or consular representatives. This was a balanced way of including the diaspora without automatically granting citizenship to millions scattered across the globe.
Though the provision was transitional and has now been largely replaced by the Citizenship Act, 1955 and its subsequent amendments, it continues to be remembered as an important step in recognising the Indian diaspora. It shows how the Constitution-makers balanced legal, political, and emotional considerations while framing the rules of citizenship for a new nation. Article 8 is therefore both a historical and symbolic reminder of India’s bond with its people across the world.
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