MEDIUM
Goa Police SI
IMPORTANT
Earn 100

With reference to the provisions of citizenship under the Indian Constitution, consider the following statements:

1. The Constitution enumerates the provisions related to acquisition and loss of citizenship at the time of enforcement of the Constitution.

2. Parliament is empowered to enact laws to provide for matters related to citizenship.

Which of the statements given above is/are correct? 

50% studentsanswered this correctly

Important Points to Remember in Chapter -1 - Part II Citizenship from Cengage Experts Team Indian Polity For UPSC And State Civil Services Examinations Solutions

Part II Citizenship

  1. Citizenship is the relationship between an individual and the State.
  2. Indian citizens are full members of the Indian states and enjoy complete civil, political, social, economic and cultural rights, which may be denied to aliens (non-citizens).
  3. Citizenship is listed in the Union List under the Constitution. This means that only the Parliament can legislate on issues related to citizenship.
  4. Articles 5-11 provides provisions regarding citizenship, special issues regarding Pakistan, issues regarding  Person of Indian Origin residing outside India, bans dual citizenship etc.
  5. The Citizenship Act, 1955 provides for the acquisition, determination, and cancellation of Indian citizenship.
  6. There are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation.
(i) Birth
(a) Every person born in India on or after 3.12.2004 is a citizen of the country, given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth.
(b) Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India given either of his/her parents is a citizen of the country at the time of his/her birth.
(c) Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of his/her parents.
(ii) Descent
(a) If a person born outside India or or after December 3, 2004 has to acquire citizenship, his/her parents have to declare that the minor does not hold a passport of another country and his/her birth is registered at an Indian consulate within one year of birth.
(iii) Registration
(a) A person of Indian origin who has been a resident of India for 7 years before applying for registration.
(b) A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration.
(c) Minor children of persons who are citizens of India.
(iv) Naturalisation
(a) A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years.

7. Section 6A of the Citizenship Act, 1955 gives provision regarding Assam.

(i) It laid down that all persons of Indian origin who entered Assam before January 1, 1966 and have been ordinary residents will be deemed Indian citizens.
(b) Those who came after 1 January, 1966 but before March 25, 1971, and have been ordinary residents, will get citizenship at the expiry of 10 years from their detection as a foreigner. During this time they cannot vote but can acquire an Indian passport.
(c) Identification of foreigners as needed by Section 6A was to be done under the Illegal Migrants (Determination by Tribunal) Act, (IMDT Act), 1983. This act was termed unconstitutional and a violation of Article 14, by the Supreme Court.