In which Part of the Constitution of India we find the provisions rela...
- Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament.
- The Constitution does not define the term ‘citizen’ but details of various categories of persons who are entitled to citizenship are given in Part 2 (Articles 5 to 11).
- Unlike other provisions of the Constitution, which came into being on January 26, 1950, these articles were enforced on November 26, 1949, itself, when the Constitution was adopted.
- Hence option 2 is correct.
In which Part of the Constitution of India we find the provisions rela...
Part II of the Constitution of India contains the provisions relating to citizenship.
Introduction:
- Citizenship is a legal status that grants individuals certain rights and privileges within a country.
- The Constitution of India defines the provisions and criteria for acquiring and losing Indian citizenship.
- These provisions are outlined in Part II of the Constitution, which is titled "Citizenship."
Key Provisions:
Part II of the Constitution of India consists of Articles 5 to 11, which lay down the provisions related to citizenship.
- Article 5: This article states that at the commencement of the Constitution, every person who was born in India or either of whose parents was born in India shall be deemed to be a citizen of India.
- Article 6: This article provides for the rights of citizenship for migrants from territories that became part of India after independence. It states that a person who has migrated to India from Pakistan shall be deemed to be a citizen if he/she has been residing in India since the date of migration.
- Article 7: This article deals with the rights of citizenship for migrants to Pakistan. It states that any person who has migrated to Pakistan from India and then returns to India shall be deemed to be a citizen if he/she has been residing in India for at least six months before applying for citizenship.
- Article 8: This article defines the rights of citizenship for migrants from specified territories. It states that any person who is not a citizen of any country and who has been residing in India or a specified territory for at least five years shall be deemed to be a citizen.
- Article 9: This article deals with the termination of citizenship. It states that any person who voluntarily acquires the citizenship of another country shall cease to be a citizen of India.
- Article 10: This article provides for the continuance of the rights of citizenship for individuals who are citizens of India at the commencement of the Constitution.
- Article 11: This article empowers the Parliament to regulate the right to citizenship by making laws. It grants the Parliament the authority to enact laws for acquisition and termination of citizenship, as well as for other matters related to citizenship.
Conclusion:
Part II of the Constitution of India contains the provisions relating to citizenship. These provisions define the criteria for acquiring and losing Indian citizenship, as well as the rights and privileges associated with it. Understanding these provisions is crucial for individuals seeking citizenship in India or for those interested in the legal framework surrounding citizenship.