All questions of Citizenship for UPSC CSE Exam

Continuous residence outside India for five years is not a ground for depriving a person of Indian citizenship. However, the other grounds, such as obtaining citizenship through false representation, disloyalty towards the Constitution, and assisting an enemy during wartime, are mentioned as reasons for deprivation of citizenship.

Article 11 of the Constitution grants the Parliament the power to make provisions related to the acquisition, termination, and other matters concerning citizenship. This empowers the Parliament to enact laws like the Citizenship Act, 1955.

The Citizenship (Amendment) Bill, 2019, proposes to grant citizenship to specific communities including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan. It aims to provide citizenship to those who have faced religious persecution in these countries.

India has adopted a single citizenship system to promote a sense of unity, fraternity, and integration among its citizens. This helps in building a cohesive nation and avoids the complexities of having separate state citizenships.

Individuals not required to obtain a visa to enter India:

There are several categories of individuals who are exempt from obtaining a visa to enter India. These include:

1. Overseas Citizen of India (OCI):
Individuals who hold Overseas Citizen of India (OCI) status are not required to obtain a visa to enter India. OCI is a form of citizenship that is granted to individuals who have a connection to India by virtue of being a citizen of another country, or being of Indian origin. OCI cardholders enjoy many benefits, including the ability to live and work in India indefinitely, as well as the right to travel to India without a visa.

2. Person of Indian Origin (PIO):
Similar to OCI cardholders, individuals who are Person of Indian Origin (PIO) are not required to obtain a visa to enter India. PIO refers to individuals who have a connection with India through their ancestry or through being a citizen of another country. However, it is important to note that the PIO card has been merged with the OCI card since 2015, and therefore, new applications for PIO cards are no longer accepted.

3. Foreign diplomats:
Foreign diplomats and officials who are assigned to an embassy or consulate in India are exempt from obtaining a visa to enter the country. This exemption is granted under the principle of diplomatic reciprocity, which means that diplomats from foreign countries enjoy certain privileges and immunities, including the ability to enter a host country without a visa.

4. Citizens of neighboring countries:
Citizens of neighboring countries, such as Nepal and Bhutan, do not need a visa to enter India. This is due to the special bilateral agreements that India has with these countries, allowing for unrestricted movement across their shared borders. However, it is important to note that certain travel documents or permits may be required for citizens of these countries to enter India, depending on the purpose and duration of their visit.

In conclusion, individuals who hold Overseas Citizen of India (OCI) status are not required to obtain a visa to enter India. OCI cardholders, along with Persons of Indian Origin (PIO), foreign diplomats, and citizens of neighboring countries enjoy visa exemptions based on their specific circumstances or bilateral agreements.

The correct answer is option 'B' - Part II.

The Indian Constitution deals with the provisions of citizenship in Part II. Part II of the Indian Constitution contains Articles 5 to 11, which define the various aspects of citizenship in India. Let's break down the provisions of citizenship as mentioned in Part II:

1. Article 5: This article states that at the commencement of the Constitution, every person who has his/her domicile in the territory of India and who was born in India, or either of whose parents was born in India, or who has been ordinarily resident in India for not less than five years immediately preceding such commencement, shall be a citizen of India.

2. Article 6: This article deals with the rights of citizenship of persons who migrated to India from Pakistan. It states that a person who has migrated to India from Pakistan shall be deemed to be a citizen of India if he/she fulfills certain conditions mentioned in the article.

3. Article 7: This article deals with the rights of citizenship of persons who migrated to Pakistan after March 1, 1947. It states that a person who has migrated to Pakistan after March 1, 1947, but later returns to India, shall be deemed to be a citizen of India if he/she fulfills certain conditions mentioned in the article.

4. Article 8: This article deals with the rights of citizenship of persons of Indian origin residing outside India. It states that any person of Indian origin who is residing outside India and who has not acquired the citizenship of any other country, shall be eligible to become a citizen of India if he/she fulfills certain conditions mentioned in the article.

5. Article 9: This article deals with the termination of citizenship. It states that any person who voluntarily acquires the citizenship of any foreign country shall cease to be a citizen of India.

6. Article 10: This article deals with the continuation of the rights of citizenship. It states that any person who is or is deemed to be a citizen of India under any of the provisions of Part II shall continue to be such citizen subject to the provisions of any law that may be made by the Parliament.

7. Article 11: This article empowers the Parliament to regulate the right of citizenship by law. It gives the Parliament the authority to make provisions with respect to the acquisition and termination of citizenship, and all other matters relating to citizenship.

So, Part II of the Indian Constitution contains the provisions for citizenship in India, covering aspects such as birth, domicile, migration, and acquisition of citizenship. It defines who is considered a citizen of India and the conditions under which a person can become a citizen or cease to be a citizen.

The Constitution grants citizens of India various rights, including equality of opportunity in public employment, freedom of speech, and the right to vote. However, the right to own private property is not explicitly mentioned as a constitutional right.

The Citizenship Act includes provisions for acquiring citizenship by birth, descent, registration, and naturalization. However, citizenship by marriage is not explicitly mentioned as a mode of acquiring citizenship in the provided text.

Significance of Article 10 of the Constitution
Article 10 of the Constitution primarily focuses on the continuance of citizenship. It confirms that the rights associated with citizenship are maintained, albeit subject to laws that may govern them.
Key Points of Article 10:
- Continuance of Citizenship: Article 10 ensures that individuals who are granted citizenship continue to enjoy their status, which is vital for their identity and rights within the nation.
- Subject to Laws: While citizenship is guaranteed, it is important to note that this is contingent upon laws that may be enacted. This implies that the government has the authority to regulate aspects of citizenship through legislation, ensuring a balance between individual rights and the state's ability to maintain order.
- Protection of Rights: The article acts as a safeguard for citizens, ensuring they are protected under the law. However, it also makes it clear that these protections can be influenced by legal frameworks, reflecting the dynamic nature of citizenship in a constitutional context.
- Relevance in Governance: The significance of Article 10 extends to its role in governance and administration. It aids in the formulation of policies related to citizenship, immigration, and the rights of individuals, thereby impacting various socio-political aspects.
In summary, Article 10 plays a crucial role in defining citizenship within the constitutional framework, emphasizing the importance of lawful governance while protecting the rights and continuance of citizens.

Persons of Indian origin who are ordinarily residing outside India can acquire Indian citizenship through registration. This provision allows overseas Indians to acquire Indian citizenship if they wish to do so.