5. At the date of commencement of this Constitution-
(a) Every person who or either of whose parents or any of whose grandparents was born in the territory of India as defined in this Constitution and who has not made his permanent abode in any foreign State after the first day of April, 1947; and
(b) Every 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of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), or in Burma, Ceylon or Malaya, and who has his domicile in the territory of India as defined in this Constitution,
shall be a citizen of India, provided that he has not acquired the citizenship of any foreign State before the date of commencement of this Constitution.
Explanation.- For the purposes of clause (b) of this article, a person shall be deemed to have his domicile in the territory of India-
(i) if he would have had his domicile in such territory under part II of the Indian Succession Act, 1925, had the provisions of the part been applicable to him, or
*(ii) if he has, before the date of commencement of this Constitution, deposited in the office of the District Magistrate a declaration in writing of his desire to acquire such domicile and has resided in the territory of India for at least one month before the date of the declaration.