The Constitution of India
Article 8
Rights of 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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of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
Why this exists
When the Constitution was adopted in 1950, millions of people of Indian origin lived outside India — many in places like Burma, Ceylon, East Africa, Fiji, and other countries due to earlier migration, indentured labour schemes, or trade. Article 5 alone would have excluded most of them from citizenship since it required actual residence in India. Article 8 was added to give these people of Indian descent a path to Indian citizenship through a simple registration process at Indian embassies or consulates, recognizing their ancestral ties to India without requiring them to move there.
Common misconceptions
- Myth: Article 8 still allows people abroad to register as Indian citizens today.
Fact: Article 8 applied mainly to the specific situation at the time the Constitution began (1950) and shortly after; ongoing citizenship matters for overseas persons are now governed by the Citizenship Act, 1955, and its amendments (e.g., OCI rules), not directly by Article 8. - Myth: Anyone with any Indian ancestor, however distant, qualified.
Fact: The Article specifically limited eligibility to a person, their parent, or their grandparent being born in India as defined by the Government of India Act, 1935 — not more remote ancestors.