“Notwithstanding anything in Article 7, 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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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 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.”
In essence: Article 8 grants a special mechanism for persons of Indian origin (or whose parents/grandparents were born in undivided India) and residing abroad to acquire Indian citizenship through registration at an Indian diplomatic mission. It operates independently of Article 7 (which dealt with migration to Pakistan) and upholds India’s cultural and ancestral ties with its global diaspora.
Article 8 emerged from the complex realities of the Partition of India in 1947. While Articles 5, 6, and 7 addressed citizenship for those within India or those who migrated to/from Pakistan, Article 8 addressed a distinct class: persons of Indian origin who chose to live abroad but never renounced their emotional and ancestral connection to India. The Constituent Assembly envisioned citizenship not just based on territorial presence but also on jus sanguinis (right of blood).
Dr. B. R. Ambedkar and other framers stressed that India should not sever ties with its diaspora. This provision allowed registration through Indian consulates — a path that predated the Citizenship Act, 1955, and later influenced concepts like Overseas Citizenship of India (OCI).
Before 1950, the Dominion of India prescribed forms for registration under Article 8, giving continuity to citizenship rights for overseas Indians.
Article 8 laid the foundation for modern diaspora engagement, later evolving into PIO & OCI schemes, symbolizing India's inclusive nationalism.
Article 8 operates as a special provision overriding the disqualifications in Article 7. While Article 7 dealt with persons who migrated to Pakistan after partition, Article 8 safeguards those who remained outside India but retained Indian origin. Courts have interpreted this as a beneficial provision meant to avoid statelessness and honor ancestral bonds. Over time, the Citizenship Act, 1955 (and its amendments) streamlined registration, yet Article 8 remains a constitutional reminder of the constituent assembly’s vision: citizenship by birth and descent transcends borders.
Any person whose parents or any grandparents were born in India as defined in the Government of India Act, 1935 (which included undivided India, present-day India, Pakistan, Bangladesh), and who resides outside India, may apply for registration as a citizen through an Indian diplomatic representative.
Article 7 disqualifies persons who migrated to Pakistan after March 1, 1947, from automatic citizenship. Article 8 overrides this bar: if a person is of Indian origin (by birth of self/parents/grandparents) and resides abroad, they can still acquire citizenship via registration — even if they had moved to Pakistan earlier but now live elsewhere.
While the Citizenship Act, 1955, provides detailed procedures, Article 8 remains a constitutional provision. However, modern citizenship registration for persons of Indian origin is largely governed by Section 5(1)(g) of the Citizenship Act, 1955 (registration of persons of Indian origin). Nevertheless, Article 8 stands as a foundational constitutional right and can be invoked in specific contexts.
Historically, applicants needed proof of birth in undivided India or birth certificates of parents/grandparents, evidence of ordinary residence abroad, and an application to the Indian consulate. Today, similar principles apply for citizenship by descent or registration.
Article 8 is part of a constellation of citizenship provisions (Articles 5–11) that laid down the initial blueprint for Indian citizenship at the dawn of the Republic. Together they addressed domicile, migration, and rights of overseas Indians. These articles formed the bedrock for the Citizenship Act, 1955, which now governs acquisition, termination, and registration of citizenship.
Citizenship by domicile in India at commencement of Constitution.
Rights of migrants to/from Pakistan post-partition.
For deeper understanding, the integration of Article 8 with the Citizenship (Registration of Citizens) Rules and the concept of ‘Overseas Citizenship of India’ showcases the evolution from a constitutional guarantee to a robust diaspora policy.