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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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?
  • a)
    No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.
  • b)
    Yes, he can be given citizenship by following the procedure mentioned in Article 6.
  • c)
    No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.
  • d)
    Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.
Correct answer is option 'D'. Can you explain this answer?
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Article 5 confers citizenship, at the commencement of the Constitutio...
Exception to Article 7 is if the person moves back with the intention of permanent settlement.
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Article 5 confers citizenship, at the commencement of the Constitutio...
Explanation:

Migration of Lokhande to Pakistan:
- Lokhande left India and decided to reside in Pakistan on 19th July 1950.

Provisions under Article 6:
- 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 Lokhande migrated to India before 19 July 1948, he should have been resident in India since the date of his migration.
- If he migrated after that date, he should have been registered as a citizen of India by a designated government official.

Eligibility for Indian Citizenship:
- As per the provisions of Article 6, if Lokhande moved back to India with a permit of resettlement or permanent return issued by an authorised government official, he can be given Indian citizenship.
- Therefore, Lokhande can be given Indian citizenship if he meets the criteria mentioned in Article 6 by moving back to India with the required documentation and registration.

Conclusion:
- In conclusion, Lokhande can be given Indian citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official as per the provisions of Article 6 of the Constitution.
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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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. Can you explain this answer?
Question Description
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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. 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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. 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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. 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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. 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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. 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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. 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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. 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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. 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. Lokhande leaves India and decides to reside in Pakistan on 19th July 1950. Can he be given Indian citizenship?a)No, he has voluntarily taken up the citizenship of Pakistan so there is no chance of him getting citizenship of India.b)Yes, he can be given citizenship by following the procedure mentioned in Article 6.c)No, he cannot be given citizenship as he moved out of India after the commencement of the constitution.d)Yes, he can be given citizenship if he moved back with a permit of permanent settlement and was registered by the authorised government official.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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