Indian Constitution: Citizenship (Articles 5-11)

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Questions and Answers

According to the Indian Constitution, which of the following conditions would automatically grant a person citizenship at the commencement of the Constitution?

  • Having invested a significant amount of money in India before 1950
  • Being a resident of India with either parent born in India (correct)
  • Owning property in India prior to 1950
  • Having a grandparent born in India

According to the Indian Constitution, individuals who migrated from Pakistan to India after July 19, 1948, were automatically granted Indian citizenship without registration.

False (B)

Under Article 9 of the Indian Constitution, what action results in the loss of Indian citizenship?

voluntarily acquiring citizenship of another country

According to the Indian Constitution, the power to make laws regarding the acquisition and termination of Indian citizenship rests with the ________.

<p>Parliament</p> Signup and view all the answers

Match the Article of the Indian Constitution with its provision:

<p>Article 5 = Citizenship by domicile Article 7 = Citizenship of those who migrated to Pakistan but returned Article 8 = Citizenship of Indians abroad Article 9 = Loss of citizenship</p> Signup and view all the answers

A person born in India on January 1, 2000, can claim Indian citizenship if:

<p>If at least one parent is an Indian Citizen. (D)</p> Signup and view all the answers

According to the Citizenship Act, 1955, a person born outside India before December 10, 1992, is a citizen only if their mother was an Indian citizen at the time of birth.

<p>False (B)</p> Signup and view all the answers

Under the Citizenship Act, 1955, how many years of residence in India are generally required for a foreigner to be eligible to apply for citizenship by naturalization?

<p>12 years</p> Signup and view all the answers

The Citizenship Act, 1955, allows the Indian government to grant citizenship to residents of a territory if that new territory is ________ into India.

<p>incorporated</p> Signup and view all the answers

Match the mode of acquiring citizenship with its description:

<p>Citizenship by Birth = Based on place and time of birth within India Citizenship by Descent = Based on parents' citizenship at the time of birth Citizenship by Registration = Application-based for persons of Indian origin or those married to Indian citizens Citizenship by Naturalization = Granted to foreigners meeting specific residency and other requirements</p> Signup and view all the answers

According to the Citizenship Amendment Act (CAA), 2019, which religious minorities from Pakistan, Bangladesh, and Afghanistan are eligible to apply for Indian citizenship?

<p>Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians (C)</p> Signup and view all the answers

The Citizenship Amendment Act (CAA), 2019, applies to illegal migrants from Sri Lanka and Myanmar.

<p>False (B)</p> Signup and view all the answers

Under the Citizenship Amendment Act (CAA), 2019, what reduced period of mandatory residence is required for naturalization for eligible individuals?

<p>5 years</p> Signup and view all the answers

The Citizenship Amendment Act (CAA), 2019, excludes certain regions from its application, such as tribal areas under the ________ Schedule of the Indian Constitution.

<p>Sixth</p> Signup and view all the answers

Match the term related to the CAA, 2019, with its correct description:

<p>Persecuted Religious Minorities = Beneficiaries of CAA from Pakistan, Bangladesh, and Afghanistan December 31, 2014 = Cut-off date for entry into India to be eligible under CAA Naturalization = Process by which eligible individuals can become Indian citizens Inner Line Permit System = Area excluded from CAA application</p> Signup and view all the answers

If a person voluntarily acquires citizenship of the United States in 2024, what happens to their Indian citizenship, assuming they acquired it by birth?

<p>Their Indian citizenship is automatically lost. (A)</p> Signup and view all the answers

A person of Indian origin residing in the UK can register as an Indian citizen through the British embassy.

<p>False (B)</p> Signup and view all the answers

According to the Citizenship Act, 1955, as amended, what distinguishes an illegal migrant from a legal resident when determining eligibility for citizenship?

<p>valid travel documents or permission to stay</p> Signup and view all the answers

If India incorporates a new territory and the government specifies that all residents are granted citizenship, this falls under citizenship by ________ of territory.

<p>incorporation</p> Signup and view all the answers

Match the scenario with the relevant provision or Act:

<p>A person born in India in 1980 = Citizenship Act, 1955, Section 3 Religious minorities from Pakistan seeking citizenship = Citizenship Amendment Act, 2019 Indians residing abroad registering as citizens = Article 8 of the Constitution Loss of citizenship upon acquiring foreign citizenship = Article 9 of the Constitution</p> Signup and view all the answers

A person born in London on January 1, 2005, whose father is an Indian citizen and mother is a British citizen, wants to claim Indian citizenship. According to the Citizenship Act, what must they do?

<p>They must register at the Indian consulate. (A)</p> Signup and view all the answers

The Citizenship Amendment Act (CAA), 2019, affects the existing citizenship of Indian citizens.

<p>False (B)</p> Signup and view all the answers

Under what specific circumstance can a person who migrated to Pakistan after March 1, 1947, become an Indian citizen according to the Indian Constitution?

<p>returned to india with resettlement permits</p> Signup and view all the answers

According to the CAA, the mandatory residence requirement for naturalization is reduced to _______ years for eligible individuals.

<p>5</p> Signup and view all the answers

Match the scenario with the applicable section or article:

<p>Determination of citizenship for residents of a newly incorporated territory = Citizenship Act, 1955, Section 7 A person renouncing Indian citizenship to become a citizen of another country = Article 9 of the Constitution A person born in India on December 4, 2004 = Citizenship Act, 1955, Section 3 Rights of citizenship shall continue subject to provisions of any law made by Parliament = Article 10 of the Constitution</p> Signup and view all the answers

Which article of the Indian Constitution empowers the Parliament to enact laws related to citizenship?

<p>Article 11 (B)</p> Signup and view all the answers

The CAA, enacted in 2019, primarily focuses on amending the fundamental rights enshrined in Part III of the Constitution.

<p>False (B)</p> Signup and view all the answers

What documentation is typically required for a person of Indian origin to register as a citizen under Section 5 of the Citizenship Act, 1955?

<p>proof of indian origin and residence</p> Signup and view all the answers

According to the Citizenship Act, a person seeking citizenship by naturalization must generally reside in India for _______ years before applying.

<p>12</p> Signup and view all the answers

Match the date with the corresponding citizenship rule:

<p>Before July 1, 1987 = Any person born in India is an Indian citizen. Between July 1, 1987, and December 3, 2004 = Any person born in India is a citizen if at least one parent is an Indian citizen. On or after December 3, 2004 = Any person born in India is a citizen only if both parents are Indian citizens or one parent is an Indian citizen and the other is not an illegal migrant.</p> Signup and view all the answers

Flashcards

Citizenship by Domicile

Residency in India at the Constitution's start, plus birth in India or Indian-born parents.

Citizenship for Pakistan Migrants

Migrants from Pakistan before July 19, 1948, who resided in India.

Citizenship for Return Migrants

Migrated to Pakistan after March 1, 1947, but returned with resettlement permits.

Citizenship for Indians Abroad

Indian-origin individuals residing outside India can register as citizens.

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Loss of Citizenship

Voluntarily acquiring another country's citizenship leads to loss of Indian citizenship.

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Continuation of Citizenship Rights

Parliament's laws on citizenship apply to those already considered citizens.

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Parliament's Power over Citizenship

Parliament has the power to make laws regarding citizenship acquisition and termination.

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Citizenship by Birth (pre-1987)

Born in India before July 1, 1987.

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Citizenship by Birth (1987-2004)

Born in India between July 1, 1987, and December 3, 2004, with at least one Indian parent.

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Citizenship by Birth (post-2004)

Born in India after December 3, 2004, with both parents being Indian citizens or one parent being Indian and the other not an illegal migrant.

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Citizenship by Descent (pre-1992)

Born outside India before December 10, 1992, with an Indian father at the time of birth.

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Citizenship by Descent (post-1992)

Born outside India on or after December 10, 1992, with either parent being an Indian citizen at the time of birth.

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Citizenship by Registration

Persons of Indian origin or those married to Indian citizens can apply after residing in India for seven years.

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Citizenship by Naturalization

A foreigner can apply after residing in India for 12 years and meeting government requirements.

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Citizenship by Incorporation

Government specifies who gets citizenship when a new territory is added to India.

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Citizenship Amendment Act (CAA), 2019

Provides a path to citizenship for persecuted religious minorities from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014.

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CAA Beneficiaries

Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014, can apply for citizenship.

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Reduced Residency for CAA

Reduces the residency requirement for naturalization from 12 years to 5 years for CAA beneficiaries.

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CAA Exclusion

The CAA does not apply to Muslims from Pakistan, Bangladesh and Afghanistan.

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CAA Geographic Scope

The CAA does not cover illegal migrants from Sri Lanka, Myanmar, and other neighboring countries.

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CAA Exempt Areas

Tribal areas under the Sixth Schedule and states under the Inner Line Permit system are excluded from CAA application.

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Study Notes

  • The Constitution of India (Part II, Articles 5-11) outlines the provisions for citizenship at the start of the Constitution.

Constitutional Articles Regarding Citizenship:

  • Article 5: Individuals residing in India at the Constitution's commencement, who were either born in India or had parents born in India, were considered citizens.
  • Article 6: Migrants from Pakistan before July 19, 1948, who resided in India became citizens automatically; those arriving later had to register.
  • Article 7: Those who migrated to Pakistan after March 1, 1947, but returned with resettlement permits could become citizens.
  • Article 8: Indian-origin persons residing abroad could register as citizens through Indian diplomatic offices.
  • Article 9: Voluntarily acquiring citizenship of another country results in the loss of Indian citizenship.
  • Article 10: Laws made by Parliament regarding citizenship apply to those already considered citizens.
  • Article 11: Parliament has the power to make laws regarding the acquisition and termination of Indian citizenship.

Citizenship Act, 1955:

  • Enacted under Article 11, details five ways to acquire Indian citizenship.

Five Ways to Become an Indian Citizen:

  • Citizenship by Birth (Section 3):
    • Individuals born in India before July 1, 1987, are automatically citizens.
    • Those born between July 1, 1987, and December 3, 2004, are citizens if at least one parent is an Indian citizen.
    • Individuals born on or after December 3, 2004, are citizens only if both parents are Indian or if one parent is Indian and the other is not an illegal migrant.
  • Citizenship by Descent (Section 4):
    • Individuals born outside India before December 10, 1992, are citizens if their father was an Indian citizen at birth.
    • Those born outside India on or after December 10, 1992, are citizens if either parent was an Indian citizen at birth.
    • Registration at the Indian consulate is required for children born outside India on or after December 3, 2004.
  • Citizenship by Registration (Section 5):
    • Persons of Indian origin or those married to Indian citizens can apply for citizenship after residing in India for seven years.
  • Citizenship by Naturalization (Section 6):
    • Foreigners can apply for citizenship after residing in India for 12 years (11 years of residence + 1 year before applying) and meeting other government requirements.
  • Citizenship by Incorporation of Territory (Section 7):
    • If a new territory is added to India, the government decides who among the residents will be granted citizenship (e.g., Sikkim in 1975).

Citizenship Amendment Act (CAA), 2019:

  • Amended the Citizenship Act, 1955, to provide a path to citizenship for persecuted religious minorities from Pakistan, Bangladesh, and Afghanistan.

Key Provisions of CAA, 2019:

  • Allows Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014, to apply for citizenship.
  • Reduces the residence requirement for naturalization from 12 years to 5 years for these communities.
  • Does not apply to Muslims from these countries.
  • Does not cover illegal migrants from other neighboring countries like Sri Lanka or Myanmar.
  • Excludes certain regions, such as tribal areas under the Sixth Schedule and states under the Inner Line Permit system.
  • The CAA does not revoke existing citizenship but offers citizenship to specific persecuted minorities and has been a topic of political and social debate.

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