Citizenship (Art.5-11) Flashcards
(22 cards)
What does citizenship mean?
Full membership of a nation, conferring rights and responsibilities.
Which Fundamental Rights are exclusive to citizens?
Right to vote, right to hold public office, etc.
What do Articles 5 to 11 of the Constitution deal with?
Citizenship at the commencement of the Constitution (26 Jan 1950).
Who was granted citizenship under Article 5?
Anyone domiciled in India who was born in India, or whose parent was born in India, or who had lived in India for 5 years before 26 Jan 1950.
What does Article 6 cover?
Citizenship of persons migrating from Pakistan.
What was the condition for migrants before 19 July 1948 under Article 6?
They must have been residents in India since migration.
What about migrants after 19 July 1948 under Article 6?
They had to register with a government officer and live in India for 6 months before registration.
What does Article 7 state?
Migrants to Pakistan after 1 March 1947 were not Indian citizens unless they returned with a permit and registered.
Who does Article 8 apply to?
Persons of Indian origin residing abroad.
How could overseas Indians acquire citizenship under Article 8?
By registering at an Indian consulate if they or their parents/grandparents were born in India.
What does Article 9 say?
No person can hold dual citizenship in India.
What is Article 10 about?
Continuation of citizenship subject to parliamentary law.
What power does Article 11 give Parliament?
Exclusive power to regulate all matters related to citizenship.
Which law governs citizenship in India today?
Citizenship Act, 1955.
What are the 5 ways of acquiring Indian citizenship under the Citizenship Act?
By birth, descent, registration, naturalization, and incorporation of territory.
How can Indian citizenship be lost?
By renunciation (voluntary), termination (on acquiring foreign citizenship), or deprivation (involuntary for illegal acts).
What did the 2003 Amendment introduce?
Overseas Citizenship of India (OCI) and tighter rules against illegal migration.
What is the 2019 Citizenship Amendment Act (CAA)?
It allows non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan who arrived before 31 Dec 2014 to seek citizenship.
Which religions are included in the CAA?
Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
What is India’s stand on dual citizenship?
India does not allow dual citizenship.
What is the main difference in citizenship between India and the USA?
India does not allow dual citizenship; the USA does.
What’s the key takeaway from Articles 5 to 11?
They define who was an Indian citizen on 26 Jan 1950; Parliament handles citizenship laws thereafter.