(Published in the Gazette of India Extraordinary Part – I Section 1 dated the 23rd August 1988 )
Government of India Ministry of Home Affairs
New Delhi the 23rd August, 1988
Whereas it has come to the notice of the Central Government that there have been some misconception about the citizenship at the commencement of the Constitution of India of certain classes of person commonly known as Gorkhas, who had settled in India at such commencement.
And whereas it is considered necessary to clear such misconception it is hereby clarified as follows:
(1) As from the commencement of the Constitution, that is as from 26-1-1950, every Gorkha who had his domicile in the territory of India, that is, in the territories which on 26-1-1950
became part of or constituted the territory of india as defined in Article-1 (2) of the Constitution of India and-
(a) Who was born in the territory of India or
(b) Either of whose parents was born in the territory of India.
(c) Who had been ordinarily resident in the territory of India for not less than five years before such commencement shall be a citizen of India as provided in Article 5 of the Constitution of India
(2) No such person as is referred to in paragraph (1) above shall be a citizen of India or be deemed to be a citizen of India if he has voluntarily acquired the citizenship of any foreign State, as provided in Article 9 of the Constitution of India.
(3) Every person who is citizen of India at the commencement of the Constitution as aforesaid shall continue to be such a citizen subject to the provision of any law that may be made Parliament as provided in Article 10 of the Constitution of India.
(4) The provisions of the Citizenship Act 1965 and the Rules and orders made there-under shall apply to the persons referred to in paragraph (1) after the commencement of Constitution.
Joint Secretary to the Government of India