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Citizenship:
The Constitution of India provides for single citizenship for the entire country. The provisions relating to citizenship are contained in Articles 5 to 11 in Part-II of the Constitution of India. Article 5 to 9 of the Constitution determine who are Indian citizens at the commencement of the Constitution. Article 10 provides for their continuance as such citizens subject to the provisions of any law that may be made by Parliament. Under Article 11, the Constitution expressly saves the power of Parliament to make a law to provide for such matters.
Constitutional Provisions (Articles 5–11):
Article 5: Citizenship at the commencement of the ConstitutionArticle 6: Citizenship of migrants from Pakistan
Article 7: Status of persons who migrated to Pakistan and returned
Article 8: Persons of Indian origin residing abroad
Article 9: Persons who have voluntarily acquired citizenship of a foreign State
Article 10: Continuance of the rights of citizenship
Article 11: Parliament’s power to make laws regarding citizenship
The Citizenship Act, 1955 provides for acquisition of Indian citizenship after the commencement of the Constitution by birth, descent, registration, naturalization and incorporation of territory and determination of Indian citizenship. It also makes necessary provisions for the termination and deprivation of Indian citizenship under certain circumstances. The Citizenship Rules, 1956 prescribe the forms and procedure for acquisition of Indian citizenship.
ACQUISITION OF INDIAN CITIZENSHIP:
Indian citizenship can be acquired by birth, descent, registration and naturalization. The conditions and procedure for acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are given below:
(1) By Birth :
(i) A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.
(ii) A person born in India on or after 1st July, 1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.
(iii) A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an “illegal migrant” at the time of his birth.
An “illegal migrant” as defined in section 2(1)(b) of the Act is a foreigner who entered India
(i) without a valid passport or other prescribed travel documents.
(ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.
(2) By Descent :
(i) A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.
(ii) A person born outside India on or after 10th December 1992 but before 3rd December 2004 is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.
(iii) A person born outside India on or after 3rd December, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian Consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.
(3) By Registration :
Indian citizenship by registration can be acquired (not illegal migrant) by:
(i) Persons of Indian origin who are ordinarily …
resident in India for SEVEN YEARS before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months).
(ii) Persons of Indian origin who are ordinarily resident in any country or place outside undivided India under section 5(1)(b).
(iii) Persons who are married to a citizen of India and who are ordinarily resident in India for SEVEN YEARS (as mentioned at (a) above) before making application under section 5(1)(c).
(iv) Minor children whose both parents are Indian citizens under section 5(1)(d).
(v) Persons of full age whose both parents are registered as citizens of India under section 5(1)(a) or section 6(1) can acquire Indian citizenship under section 5(1)(e).
(vi) Persons of full age who or either of the parents were earlier citizen of independent India and residing in India for ONE YEAR immediately before making application under section 5(1)(f).
(vii) Persons of full age and capacity who has been registered as an OVERSEAS CITIZEN OF INDIA (OCI) for five years and residing in India for ONE YEAR before making application under section 5(1)(g).
Clarification: A person shall be deemed to be a person of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.
(4) By Registration :
Any minor child can be registered as a citizen of India under Section 5(4), if the Central Government is satisfied that there are “special circumstances” justifying such registration. Each case would be considered on merits.
(5) By Naturalisation :
Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for TWELVE YEARS (throughout the period of twelve months immediately preceding the date of application and for ELEVEN YEARS in the aggregate in the FOURTEEN YEARS preceding the twelve months) and other qualifications as specified in Third Schedule to the Act.
LOSS OF CITIZENSHIP:
The Citizenship Act, 1955 prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution viz. renunciation, termination and deprivation.
(i) Renunciation:
It is a voluntary act by which a person, after acquiring the citizenship of another country, gives up his Indian citizenship. This provision is subject to certain conditions.
(ii) Termination:
It takes place by operation of law when an Indian citizen voluntarily acquires the citizenship of another country. He automatically ceases to be an Indian citizen.
(iii) Deprivation:
It is a compulsory termination of Indian citizenship by the Central Government, if—
(a) the citizen has obtained the citizenship by fraud.
(b) the citizen has shown disloyalty to the Constitution of India.
(c) the citizen has unlawfully traded or communicated with the enemy during a war.
(d) the citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years.
(e) the citizen has been ordinarily resident out of India for seven years continuously.
NOTE:
• A person not born in India but having acquired citizenship by registration, or otherwise can become Prime Minister of India.
• The Constitution does not differentiate between an ordinary and a naturalized citizen as far as eligibility to contest for Lok Sabha seat is concerned, there after any member is Constitutionally entitled to become PM, provided the requisite support in Lok Sabha is available.
• It may be noted that in the USA, the Constitution permits naturalised citizens to become members of the Senate only but not the President.
SPECIAL RIGHTS TO INDIAN CITIZENS:
Constitution of India has provided following rights to the citizens of India only, which are not available to aliens.The Constitution of India provides certain special rights exclusively to its citizens, which are not available to foreigners (aliens). These rights ensure active participation of citizens in the political and social life of the country. Only citizens have the right to vote in elections and contest for public offices such as Member of Parliament and State Legislature. Citizens are guaranteed fundamental freedoms under Article 19, including freedom of speech and expression, assembly, association, movement, residence, and profession. Cultural and educational rights, such as the right to conserve language, script, and culture, and the right of minorities to establish and administer educational institutions, are also limited to citizens. Additionally, only citizens are eligible for certain constitutional offices like President, Vice-President, Governors, Judges of the Supreme Court and High Courts, and the Attorney General of India. These special rights strengthen democracy and ensure that governance remains in the hands of the people of India.
MODEL MCQs:
1.
With reference to Fundamental Rights in India, consider the following statements:
- Article 19 guarantees certain freedoms only to citizens of India.
- Article 14 applies only to citizens.
- Article 21 is available to all persons including foreigners.
Which of the statements given above is/are correct?
A. 1 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: B
Explanation: Article 19 is only for citizens.
Article 14 applies to all persons, so statement 2 is wrong.
Article 21 applies to all persons. Hence B.
2.
Which of the following rights are exclusively available to Indian citizens?
- Freedom of speech and expression
- Right to vote
- Right to constitutional remedies
- Freedom to form associations
Select the correct answer:
A. 1, 2 and 4 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2, 3 and 4
Answer: A
Explanation: Article 19 rights (1 & 4) are citizen-only.
Voting is also only for citizens.
Article 32 is for all persons.
3.
Consider the following statements regarding political rights in India:
- Only citizens can contest elections to Parliament.
- Foreigners residing in India can vote if they fulfill age criteria.
- Naturalized citizens have the same political rights as natural-born citizens.
Which of the statements given above is/are correct?
A. 1 and 3 only
B. 1 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: A
Explanation: Only citizens can vote/contest.
Foreigners cannot vote.
Naturalized citizens enjoy equal rights.
4.
With reference to Article 19, consider the following freedoms:
- Freedom of movement throughout India
- Freedom of residence in any part of India
- Freedom of religion
- Freedom to practice any profession
Which of the above are guaranteed only to citizens?
A. 1, 2 and 4 only
B. 1 and 3 only
C. 2, 3 and 4 only
D. 1, 2, 3 and 4
Answer: A
Explanation: Article 19 includes movement, residence, profession.
Religion is under Article 25 (for all persons).
Hence A is correct.
5.
Which of the following statements is/are correct regarding rights available to foreigners in India?
- They enjoy protection under Article 21.
- They are entitled to freedom of speech under Article 19.
- They are protected under Article 14.
Select the correct answer:
A. 1 and 3 only
B. 1 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: A
Explanation: Articles 14 & 21 apply to all persons.
Article 19 is only for citizens.
Hence A is correct.
6.
Consider the following statements about cultural and educational rights:
- Article 29 is available only to citizens.
- Article 30 provides rights only to minorities.
- Foreigners can claim rights under Article 29.
Which of the above are correct?
A. 1 and 2 only
B. 2 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: A
Explanation: Article 29 applies to citizens only.
Article 30 protects minorities (citizen groups).
Foreigners cannot claim Article 29.
7.
Which of the following are considered special rights of Indian citizens?
- Eligibility to become President of India
- Freedom of speech and expression
- Protection against arbitrary arrest
- Right to form associations
Select the correct answer:
A. 1, 2 and 4 only
B. 2, 3 and 4 only
C. 1 and 3 only
D. 1, 2, 3 and 4
Answer: A
Explanation: Offices + Article 19 rights are citizen-only.
Protection against arrest (Art. 22) applies to all.
Hence A.
8.
Which of the following statements is/are correct?
- Only citizens can become members of Parliament.
- A naturalized citizen can become Prime Minister.
- Foreigners can contest elections in India with permission.
Select the correct answer:
A. 1 and 2 only
B. 2 only
C. 1, 2 and 3
D. 1 only
Answer: A
Explanation: Only citizens can contest.
Naturalized citizens can become PM.
Foreigners cannot contest elections.
9.
Consider the following rights:
- Right to equality
- Freedom of speech
- Right to life
- Freedom of profession
Which of the above are not available to foreigners?
A. 2 and 4 only
B. 1 and 3 only
C. 1, 2 and 3
D. 2 only
Answer: A
Explanation: Article 19 rights (speech & profession) are citizen-only.
Articles 14 & 21 apply to all.
Hence A.
10.
Which of the following correctly distinguishes citizens from foreigners?
A. Only citizens have right to equality
B. Only citizens have political rights
C. Foreigners have all fundamental rights
D. Citizens cannot be deprived of rights
Answer: B
Explanation: Political rights like voting are citizen-only.
Equality applies to all.
Foreigners don’t have all rights.
11.
Which of the following statements is correct?
- Voting is a constitutional right available only to citizens.
- Freedom of movement is available to all persons.
- Right to life is available only to citizens.
Select the correct answer:
A. 1 only
B. 1 and 2 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: A
Explanation: Voting is for citizens only.
Movement is Article 19 → citizens only.
Life (Art. 21) applies to all.
12.
Consider the following:
- President of India
- Governor of a State
- Judge of Supreme Court
- Member of Parliament
Which of the above require Indian citizenship?
A. 1, 2 and 4 only
B. 1, 3 and 4 only
C. 1, 2, 3 and 4
D. 2 and 3 only
Answer: C
Explanation: All constitutional posts require citizenship.
Foreigners are not eligible.
Hence C.
13.
Which of the following statements is/are correct?
- Article 19 freedoms are absolute.
- These freedoms are subject to reasonable restrictions.
- Foreigners can claim these freedoms in India.
Select the correct answer:
A. 2 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: A
Explanation: Article 19 rights are restricted.
They are not absolute.
Foreigners cannot claim them.
14.
Which of the following is true regarding Indian citizenship rights?
A. Citizens and foreigners enjoy identical rights
B. Only citizens enjoy fundamental rights
C. Some rights are exclusive to citizens
D. Foreigners enjoy more rights
Answer: C
Explanation: Some rights (Art. 19, voting) are citizen-only.
Others apply to all persons.
Hence C.
15.
Consider the following statements:
- A foreigner can become Prime Minister of India.
- A naturalized citizen can become Prime Minister.
- Citizenship is mandatory to contest Lok Sabha elections.
Which of the above are correct?
A. 2 and 3 only
B. 1 and 2 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: A
Explanation: Foreigners cannot become PM.
Naturalized citizens can.
Citizenship is mandatory for elections.
Disclaimer:
This content is prepared for educational and informational purposes only. The notes are simplified for better understanding and exam preparation (UPSC and State Exams). Readers are advised to refer to standard textbooks and official sources for detailed study
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