Indian Constitution Features Quiz

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17 Questions

What is the purpose of incorporating Fundamental Rights in the Constitution of India?

To protect individuals from oppression and injustice

Which group of individuals are eligible for Indian citizenship according to the 2019 Amendment?

Illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from specific countries

What does the concept of Rule of Law in the UK primarily focus on?

Imposing legal restraint on legislative and executive power

Which country served as an inspiration for the framers of the Indian Constitution regarding Fundamental Rights?

United States

What does the 1955 Citizenship Act entail regarding the acquisition of citizenship?

Lengthened period for naturalisation

How does the concept of human rights contribute to society?

By safeguarding individuals from oppression and injustice

A person migrated to India from Pakistan before 19th July, 1948, would become an Indian citizen if:

They have a grandparent born in undivided India.

Who is considered a citizen of India according to the Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India?

A person residing ordinarily outside India with Indian heritage.

What provision does Article 7 make for a person who migrated to Pakistan from India after March 1, 1947?

They can reclaim Indian citizenship if they return to India.

How can a person of Indian origin residing outside India become a citizen of India as per the Indian Constitution?

By registering with an Indian diplomatic representative abroad.

Under what condition can a person who migrated to India from Pakistan after July 19, 1948, become an Indian citizen?

They were an ordinary resident in Pakistan.

What is the significance of having a grandparent born in undivided India for acquiring Indian citizenship?

It is one of the conditions that help determine eligibility for citizenship.

Which of the following is NOT a way for a person to become a citizen of India during the commencement of the Indian Constitution?

Being born in Pakistan and migrating to India after the partition

What is the difference between nationality and citizenship?

Nationality is a person's place of birth, while citizenship is their legal status in a country

What is the essential element for a person to have a domicile in a country?

Having the intention to reside in the country forever

What are the three tiers of the Panchayat Raj system in India?

Gram Panchayat, Panchayat Samiti, Zila Parishad

What is the purpose of the Fundamental Duties inserted in the Indian Constitution by the 42nd Amendment Act?

To remind citizens that rights include duties as well

Study Notes

Citizenship

  • Article 9: Voluntarily acquiring citizenship of a foreign state does not make one a citizen of India.
  • Article 10: Every person is subjected to the law created by the parliament.
  • Article 11: Parliament has the power to regulate the right of citizenship by law.

Citizenship Act, 1955 and Amendments

  • The Citizenship Act, 1955, regulates the right of citizenship.
  • The Citizenship Amendment Act, 2019, made illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan eligible for citizenship.
  • The 2019 amendment reduced the period of naturalization for these groups from six years to five years.

Fundamental Rights

  • Part III of the Constitution of India (Articles 12-35) enshrines the fundamental rights.
  • The concept of human rights aims to protect individuals from oppression and injustice.
  • The right to liberty is essential to a free society.
  • The concept of fundamental rights was inspired by the US Bill of Rights.
  • Part III is considered the Magna Carta of India.

History of Fundamental Rights

  • The US was the first modern constitution to give concrete shape to the concept of human rights through the Bill of Rights.
  • The UK does not have a formal declaration of people's fundamental rights, but the concept of Rule of Law prevails.

Incorporation of Fundamental Rights

  • The framers of the Indian Constitution derived their inspiration from the US Bill of Rights.
  • The reason for incorporating fundamental rights in the Constitution was to safeguard individual liberties.

Migrants from Pakistan

  • Article 6: A person who migrated to India from Pakistan became an Indian citizen if they or their parents or grandparents were born in undivided India.
  • The person must have fulfilled one of the two conditions: ordinary resident in India before July 19, 1948, or resident for at least six months preceding the date of application for registration.

Person who Migrated to Pakistan

  • Article 7: A person who migrated to Pakistan from India after March 1, 1947, shall not be deemed a citizen of India.
  • Exception: If they later returned to India for resettlement, they could become an Indian citizen.

Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India

  • Article 8: Any person who or either of whose parents or grandparents were born in India, as stated in the Government of India Act, 1955, and who is residing ordinarily in any country outside India, shall be considered a citizen of India.
  • They must have registered as a citizen of India by an Indian diplomatic or consular representative in that country.

Single Citizenship

  • India has a single citizenship, whereas the USA allows dual citizenship.
  • Citizens of India, regardless of their state of birth, enjoy the same political and civil rights.

Fundamental Duties

  • Part IV A of the Constitution, inserted by the 42nd Amendment Act, 1976, on the recommendation of the Swaran Singh Committee.
  • Fundamental duties serve as a reminder to citizens that rights include duties as well.

Three-Tier System

  • The 73rd and 74th Amendment Acts introduced the Panchayat Raj system.
  • The three-tier system consists of:
    • Gram Panchayat at the village level.
    • Panchayat Samiti at the block level.
    • Zila Parishad at the district level.

Citizenship (Article 5 to 11)

  • Articles 5 to 9 determine who are Indians at the commencement of the Constitution.
  • Article 10 provides for the continuance of such citizenship.
  • Article 11 gives the parliament the power to make laws regarding citizenship.

Miscellaneous

  • Citizenship is a person's legal status in a country, whereas nationality is the place of birth.
  • Domicile requires an intention to reside forever in a country.
  • Article 5 defines who is a citizen of India at the commencement of the Constitution, including those who were born in India, had parents or grandparents born in India, or had been ordinarily resident in India for at least five years preceding the commencement of the Constitution.

Test your knowledge on fundamental aspects of the Indian Constitution such as fundamental duties, dual citizenship, and the three-tier Panchayat Raj system. Learn about the insertion of Fundamental Duties by the 42nd Amendment Act, and the structure of Panchayat Raj system introduced by the 73rd and 74th Amendment Acts.

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