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Arpit
Arpit

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Arpit
Asked: August 15, 20212021-08-15T01:13:07+05:30 2021-08-15T01:13:07+05:30In: Polity

What is Article 8 of the Indian Constitution?

What does Article 8 of the Indian Constitution say?

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    1. Sagar

      Sagar

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      Sagar
      2021-08-15T01:55:14+05:30Added an answer on August 15, 2021 at 1:55 am

      Article 8 of Indian Constitution (6)

      Article 8 of the Indian Constitution:

      Article 8 of the Indian Constitution tells us about the rights of citizenship of certain persons of Indian origin residing outside India

      According to Article 8:

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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if: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

      Article 8 of the Indian Constitution explained:

      On the 10th, 11th, and 12th of August 1949, the draught Article 5B (Article 8) was considered. It was not included in the 1948 Draft Constitution at the time.

      History of Article 8 of the Indian Constitution:

      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.

      On August 12, 1949, the Assembly passed the Article without changes.

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