Article 5 is a foundational provision in Part II of the Constitution of India, which deals with Citizenship at the commencement of the Constitution. It was created to ensure a clear civic identity for the newly independent nation, laying down the basic principles of who would be an Indian citizen on January 26, 1950. The Constituent Assembly discussed the draft Article on August 10, 11, and 12, 1949, establishing the criteria for citizenship during the transition from colonial rule.
The Article works by granting citizenship to every person who had their domicile in the territory of India and satisfied any one of three conditions: (a) they were born in the territory of India; or (b) either of their parents was born in the territory of India; or (c) they had been ordinarily resident in India for not less than five years immediately preceding the commencement. The concept of domicile, which implies a permanent home with the intention of residing indefinitely, is the primary requirement.
Article 5 was intended to be a one-time provision for the Constitution's commencement and has not been amended. However, it connects directly to Article 11, which empowers the Parliament to legislate on citizenship matters, leading to the enactment of the Citizenship Act, 1955, which governs the acquisition and termination of citizenship after the Constitution's commencement. Furthermore, an informed reader should know that "Article 5" also refers to the collective defense clause in the North Atlantic Treaty (NATO), which treats an armed attack against one member as an attack against all, and the Universal Declaration of Human Rights (UDHR) provision that prohibits torture or cruel, inhuman, or degrading treatment. Indian citizens enjoy fundamental rights, such as those under Articles 15 and 19, which are exclusively available to them.