Citizenship Act of India Overview

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which of the following is a mode of acquiring Indian citizenship by descent?

Being born outside India before December 10, 1992 if the father is a citizen. (correct)

Being born in India after July 1, 1987.

Obtaining a certificate of naturalisation.

Registering with the Central Government as a citizen.

What does the Constitution of India empower the Parliament to do regarding citizenship?

Determine the legal age for citizenship.

Specify the electoral process for citizens.

Define the rights of citizens only.

Regulate the process of citizenship acquisition and loss. (correct)

What is the significance of the Citizenship Act (1955) in the context of Indian citizenship?

It abolishes previous citizenship laws.

It outlines the process for acquisition and loss of citizenship. (correct)

It names the original citizens of India at its commencement.

It establishes rights of citizens acquired post-1950.

Which mode of citizenship acquisition involves the registration of applicants by the Central Government?

By Registration Signup and view all the answers

What happens to an Indian citizen's citizenship upon voluntarily acquiring another country's citizenship?

Their Indian citizenship is automatically terminated. Signup and view all the answers

What does 'renunciation of citizenship' entail?

Voluntarily declaring the intent to give up citizenship. Signup and view all the answers

Which of the following methods leads to compulsory termination of Indian citizenship?

Deprivation Signup and view all the answers

Which of the following amendments is NOT related to the Citizenship Act (1955)?

2010 Signup and view all the answers

What does the Criminal Procedure (Identification) Act, 2022 authorize the police to do?

Take physical and biological samples from both convicts and those accused of crimes Signup and view all the answers

Which Article of the Indian Constitution relates to the right to free and compulsory education for children?

Article 21A Signup and view all the answers

What is the main difference between punitive and preventive detention as outlined in Article 22?

Punitive detention requires trial; preventive does not Signup and view all the answers

What does Article 23 of the Indian Constitution prohibit?

Traffic in human beings and forced labor Signup and view all the answers

In the context of constitutional rights, what does the K.Puttaswamy judgement affirm?

Right to privacy is an inherent part of personal liberty Signup and view all the answers

What type of laws does the second part of Article 22 specifically address?

Preventive detention laws Signup and view all the answers

Which act was replaced by the Criminal Procedure (Identification) Act, 2022?

Identification of Prisoners Act, 1920 Signup and view all the answers

What does the Immoral Traffic (Prevention) Act, 1956 primarily address?

Traffic in human beings and related immoral activities Signup and view all the answers

What action is prohibited for citizens of India regarding titles from foreign states?

Accepting any title without consent from the president Signup and view all the answers

Which of the following is NOT guaranteed by Article 19?

Right to acquire property Signup and view all the answers

What is true regarding the hereditary titles conferred by colonial states?

They are banned in India Signup and view all the answers

Which of the following statements about the National Awards is correct?

They do not amount to 'titles' within the meaning of Article 18 Signup and view all the answers

What provision does Article 20 include regarding ex-post-facto laws?

Prohibits conviction for actions that were legal at the time Signup and view all the answers

Which of the following rights is protected ONLY against state action according to Article 19?

Right to freedom of speech Signup and view all the answers

Which of the following is not a restriction for freedom of speech and expression?

Personal opinions of citizens Signup and view all the answers

What is the primary focus of the provisions in Article 20 regarding punishment?

To protect against arbitrary and excessive punishment Signup and view all the answers

Who is considered the first citizen of India?

The President Signup and view all the answers

Which members are not involved in the election of the President of India?

Nominated members of Rajya Sabha Signup and view all the answers

What is the principle of election used for the President of India?

Single Transferable Vote Signup and view all the answers

How long is the term of office for the President of India?

5 years Signup and view all the answers

What system of voting is used in the election of the Indian President?

Secret ballot system Signup and view all the answers

What happens to the acts done by the President if the election is declared null and void?

They remain valid. Signup and view all the answers

Who is eligible for re-election as President of India?

Only the current President Signup and view all the answers

Which body resolves disputes related to the President’s election?

Supreme Court Signup and view all the answers

What is the primary aim of the Directive Principles of State Policy?

Ensuring economic and social democracy Signup and view all the answers

Which amendment made elementary education a fundamental right in India?

86th Amendment Signup and view all the answers

How many Fundamental Duties are currently enumerated in the Constitution of India?

11 Signup and view all the answers

What distinguishes Fundamental Rights from Directive Principles of State Policy?

DPSP are non-justiciable and Fundamental Rights are justiciable Signup and view all the answers

Which article requires the state to ensure early childhood care until the age of six?

Article 21A Signup and view all the answers

What type of sanctions do Fundamental Rights primarily involve?

Legal sanctions Signup and view all the answers

Which of the following is NOT a Fundamental Duty listed in Article 51A?

To protect the environment Signup and view all the answers

Fundamental Duties in India apply to which of the following groups?

Citizens only Signup and view all the answers

Study Notes

Citizenship in India

The Indian Constitution recognizes citizenship as of January 26, 1950, without addressing changes in citizenship status afterward.
Parliament is empowered to legislate citizenship matters, leading to the Citizenship Act of 1955.
The Citizenship Act has undergone six amendments (1986, 1992, 2003, 2005, 2015, 2019).

Modes of Acquisition of Citizenship

By Birth: Individuals born in India between January 26, 1950, and July 1, 1987, are citizens irrespective of parental nationality.
By Registration: Citizens can register upon application, excluding illegal migrants.
By Acquisition of Territory: Individuals from a newly acquired territory become citizens as specified by the government.
By Naturalization: The government grants citizenship upon application to non-illegal migrants.
By Descent: Persons born outside India from Indian citizen fathers (born between January 26, 1950, and December 10, 1992) are citizens.

Loss of Citizenship

Renunciation: Citizens can voluntarily renounce their citizenship via a declaration.
Termination: Automatically occurs when a citizen voluntarily acquires another nationality.
Deprivation: Government can revoke citizenship under specific conditions.

Restrictions on Titles and Awards

Citizens are prohibited from accepting titles from foreign states without presidential consent.
Hereditary titles from colonial times are banned.
Supreme Court ruled that national awards do not constitute titles, affirming their constitutional validity.

Fundamental Rights (Article 19)

Guarantees six rights to all citizens: freedom of speech and expression, peaceful assembly, association, movement, residence, and profession.
The 44th Amendment (1978) removed the right to property as a fundamental right.
Rights are safeguarded against state actions but can be limited for reasons like public order and national security.

Legal Safeguards (Article 20)

Protects individuals from arbitrary punishment, covering:
- No ex-post-facto laws: Cannot convict for acts not illegal at the time committed.
- No double jeopardy: Prohibits retrial for the same offense.
- No self-incrimination: Accused cannot be compelled to testify against themselves.

Right to Life and Education (Articles 21, 21A)

Article 21 states no person may be deprived of life or liberty without legal process, with privacy recognized as a fundamental right.
Article 21A mandates free education for children aged 6 to 14, enacted through the RTE Act of 2009.

Arrest and Detention (Article 22)

Protects arrested individuals, distinguishing between punitive detention (after a trial) and preventive detention (without trial).

Prohibition of Human Trafficking (Article 23)

Bans human trafficking, forced labor, and related practices, protecting individuals from both the state and private actions.
The Immoral Traffic (Prevention) Act, 1956, was established to penalize such activities.

Fundamental Duties

Introduced by the 42nd Amendment (1976) and later expanded, these duties are non-justiciable and include respecting the Constitution and national ethos.

Election of the President of India (Articles 52, 54, 55)

The President is the head of state and part of the Union Executive.
Elected indirectly by an electoral college of Lok Sabha, Rajya Sabha, and state legislative assemblies.
The election employs proportional representation and a secret ballot system.

Term of Office and Re-election (Articles 56, 57)

The President serves a term of five years but can be re-elected and held in office until a successor is elected.
Impeachment is possible in cases of constitutional violations.

Comparison: Fundamental Rights vs. Directive Principles of State Policy (DPSP)

Fundamental Rights: Negative, justiciable, legal sanctions aimed at political democracy.
DPSP: Positive, non-justiciable, moral and political sanctions aimed at social and economic democracy.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the key aspects of the Citizenship Act of 1955, including its historical context and amendments. It explores the constitution's provisions on citizenship and the powers granted to Parliament in enacting related laws. Test your knowledge on the acquisition and loss of Indian citizenship!