Article 8 of the Costitution of India with Case law
Article 8 of the Constitution of India – Citizenship of certain persons of Indian origin residing outside India
🔹 Text of Article 8 (Indian Constitution)
Article 8 – 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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India shall be deemed to be a citizen of India if he has been registered as a citizen of India by the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 in the prescribed form to such diplomatic or consular representative, whether before or after the commencement of this Constitution.
🔹 Explanation
This Article grants Indian citizenship to persons of Indian origin (PIOs) who are residing outside India.
The citizenship is conditional on registration with Indian diplomatic or consular authorities in their residing country.
This provision is especially for people whose parents or grandparents were born in India, but who now live abroad.
Article 8 overrides Article 5, which talks about citizenship at the commencement of the Constitution for people residing in India.
🔹 Key Requirements under Article 8
The person is ordinarily residing outside India.
The person or either parent or any grandparent was born in India under the Government of India Act, 1935.
The person has been registered as a citizen of India by a diplomatic or consular representative of India in the country where they reside.
An application must be submitted in the prescribed format.
🔹 Important Case Laws on Article 8
✅ Satpal v. Union of India
Citation: AIR 1976 Del 223
Facts: Satpal, born abroad but of Indian origin, had not registered under Article 8.
Held: The Delhi High Court ruled that registration is mandatory to claim citizenship under Article 8. Merely being of Indian origin is not sufficient.
Importance: This case clarified that Article 8 is not automatic; registration is an essential requirement.
✅ State of Assam v. Moslem Mondal
Citation: (2013) 1 Gauhati Law Reports 809
Facts: The issue was whether persons of Indian origin staying in Bangladesh (formerly part of India) could be deemed citizens.
Held: The Gauhati High Court held that without proper registration, such persons cannot claim Indian citizenship under Article 8.
Importance: Reiterated the importance of compliance with formal registration.
✅ Md. Ayub Khan v. Union of India
Citation: AIR 1960 MP 162
Held: A person claiming citizenship under Article 8 must prove Indian origin and valid registration, otherwise their claim is invalid.
🔹 Relation to Other Citizenship Articles
Article 5: Talks about citizenship at the commencement of the Constitution for residents.
Article 6 & 7: Deal with persons who migrated from Pakistan.
Article 9: Restricts dual citizenship — if a person voluntarily acquires foreign citizenship, they lose Indian citizenship.
🔹 Current Status and Practical Application
Though Article 8 still exists, in practice:
Citizenship under this Article is now governed by the Citizenship Act, 1955, and the rules made under it.
India does not allow dual citizenship, but provides Overseas Citizen of India (OCI) status which offers limited rights.
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