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THE CONSTITUTION OF INDIA
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4. (1) Any law referred to in article 2 or article 3 shall Laws made under
contain such provisions for the amendment of the First articles 2 and 3 to
provide for the
Schedule and the Fourth Schedule as may be necessary amendment of the
to give effect to the provisions of the law and may also First and the
contain such supplemental, incidental and consequential Fourth Schedules
provisions (including provisions as to representation in and supplemental,
incidental and
Parliament and in the Legislature or Legislatures of the consequential
State or States affected by such law) as Parliament may matters.
deem necessary.
(2) No such law as aforesaid shall be deemed to be
an amendment of this Constitution for the purposes of
article 368.
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The words and letters “specified in Part A or Part B of the First Schedule” omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
2
Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2.
PART II
CITIZENSHIP
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Citizenship at the 5. At the commencement of this Constitution, every
commencement of
the Constitution.
person who has his domicile in the territory of India
and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory
of India; or
(c) who has been ordinarily resident in the territory
of India for not less than five years immediately
preceding such commencement,
shall be a citizen of India.
Rights of 6. Notwithstanding anything in article 5, a person
citizenship of
who has migrated to the territory of India from the
certain persons
who have migrated territory now included in Pakistan shall be deemed to be
to India from a citizen of India at the commencement of this
Pakistan. Constitution if—
(a) he or either of his parents or any of his
grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted);
and
(b) (i) in the case where such person has so
migrated before the nineteenth day of July, 1948, he
has been ordinarily resident in the territory of India
since the date of his migration, or
(ii) in the case where such person has so migrated
on or after the nineteenth day of July, 1948, he has
been registered as a citizen of India by an officer
appointed in that behalf by the Government of the
Dominion of India on an application made by him
therefor to such officer before the commencement of
this Constitution in the form and manner prescribed
by that Government:
Provided that no person shall be so registered unless
he has been resident in the territory of India for at least
six months immediately preceding the date of his
application.
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THE CONSTITUTION OF INDIA 5
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(Part II.—Citizenship.—Arts. 7—11.)
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7. Notwithstanding anything in articles 5 and 6, a Rights of
person who has after the first day of March, 1947, citizenship of
certain migrants to
migrated from the territory of India to the territory now Pakistan.
included in Pakistan shall not be deemed to be a citizen
of India:
Provided that nothing in this article shall apply to a
person who, after having so migrated to the territory now
included in Pakistan, has returned to the territory of India
under a permit for resettlement or permanent return issued
by or under the authority of any law and every such
person shall for the purposes of clause (b) of article 6 be
deemed to have migrated to the territory of India after the
nineteenth day of July, 1948.
8. Notwithstanding anything in article 5, any person Rights of
who or either of whose parents or any of whose citizenship of
certain persons of
grandparents was born in India as defined in the Indian origin
Government of India Act, 1935 (as originally enacted), residing outside
and who is ordinarily residing in any country outside India.
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.
9. No person shall be a citizen of India by virtue of Persons voluntarily