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Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.
If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.
Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?
  • a)
    No, as he had voluntarily resided in Dubai.
  • b)
    Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.
  • c)
    Yes , he migrated into India before 19th July 1948.
  • d)
    Yes, he can be a citizen if a government official registers him as a citizen.
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Article 5 confers citizenship, at the commencement of the Constitutio...
Only getting registered is not the criteria mentioned in Article 5 of the constitution. As Ankit has been residing in India for more than 5 years at the commencement of the Constitution, he will be considered as an Indian citizen.
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Directions: Read the following passage and answer the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void and that the state shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include laws passed or made by legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.In 1949, the Indian Parliament passed a rule guaranteeing reservations for members of the Kayastha group in nominations to the position of High Court judges. A 1948 appointment cost the Brahman Praveen his seat. After three years, he filed a lawsuit alleging that a 1949 statute violated his constitutional rights. Decide.

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Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer?
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Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Article 5 confers citizenship, at the commencement of the Constitution, on every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. Article 5 was a preliminary foundational statement of jus soli citizenship, albeit one that applied only to persons already living rather than to future persons born after the commencement of the Constitution. It was chosen as a form of ‘enlightened, modern civilized’ and democratic citizenship, over the rival principle of jus sanguinis described by the constitution makers as ‘an idea of racial citizenship’.If Article 5 was an enunciation of citizenship for ordinary times, Articles 6 and 7 were articulations of citizenship for extraordinary times. Article 6 provides citizenship for persons who migrated to India from the territory now included in Pakistan if either of their parents or grandparents was born in India. If such a person migrated to India before 19 July 1948, he should have been resident in India since the date of his migration; and if he migrated after that date, he should have been registered as a citizen of India by a designated government official. If Article 6 was intended to accord rights of citizenship to those people who migrated from Pakistan to India around the time of the Partition, Article 7 was correspondingly designed to exclude from citizenship those persons who migrated from India to Pakistan after 1 March 1947. However, it provided for rights of citizenship for those who had so migrated from India to Pakistan but returned to India with a permit of resettlement or permanent return issued by an authorised government official, after the same date and by a process similar to that provided for in Article 6. As we shall see, Article 7 was a hugely embattled provision in the Constituent Assembly. Article 9 states that individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India. Article 10 provides for the continuance of the rights of citizenship for anyone deemed to be a citizen under the earlier provisions ‘subject to the provisions of any law that may be made by Parliament’, and Article 11 gives Parliament complete power to ‘make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship’.Q. Ankit lived in Dubai. He shifted to India and has been residing in India since 10th July 1944. Can he be considered as an Indian Citizen?a)No, as he had voluntarily resided in Dubai.b)Yes, he has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.c)Yes , he migrated into India before 19th July 1948.d)Yes, he can be a citizen if a government official registers him as a citizen.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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