Question
Download Solution PDFWhich part of the Indian Constitution deals with 'Citizenship'?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Part II.
Key Points
- Part II of the Indian Constitution (Articles 5-11) specifically deals with the provisions related to citizenship.
- It defines who are considered citizens of India at the commencement of the Constitution (26 January 1950).
- It provides provisions for the acquisition and termination of citizenship in India.
- Articles 5 to 9 deal with citizenship at the time of the commencement of the Constitution, while Article 10 ensures that every person who is or is deemed to be a citizen of India shall continue to be one, subject to the provisions of any law made by the Parliament.
- Article 11 empowers the Parliament to regulate the right of citizenship by law, allowing it to make laws on matters related to citizenship.
Additional Information
- Citizenship Act, 1955:
- The Citizenship Act, 1955, provides the legal framework for acquiring, renouncing, or terminating Indian citizenship.
- It outlines five modes of acquiring citizenship: by birth, descent, registration, naturalization, and incorporation of territory.
- Overseas Citizenship of India (OCI):
- OCI is a scheme introduced for persons of Indian origin who have taken citizenship in another country but wish to maintain a connection with India.
- OCI cardholders have certain rights, such as visa-free travel to India, but they are not considered full citizens and cannot vote or hold public office.
- Dual Citizenship:
- India does not allow dual citizenship. However, the OCI scheme grants a form of restricted rights to individuals of Indian origin residing abroad.
- Constitutional Amendments:
- The Parliament has the power to amend the provisions of Part II to address issues related to citizenship as the need arises.
- For example, the Citizenship (Amendment) Act, 2019, provides specific provisions for granting citizenship to persecuted minorities from neighboring countries.
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