Citizenship Act 1955 for CLAT - Practice Questions & MCQ

Introduction:

• The Citizenship Act of 1955 is an important piece of legislation in India that governs the acquisition, termination, and regulation of Indian citizenship. 
• It lays down the rules and procedures for who can be considered an Indian citizen and how citizenship can be obtained, renounced, or terminated. 
• The Act was enacted to provide a legal framework for matters related to citizenship following India's independence in 1947.

Some key provisions and concepts covered by the Citizenship Act of 1955:

1. Citizenship by Birth:

• Under the Citizenship Act, individuals born in India on or after January 26, 1950, are considered citizens by birth. However, there are exceptions. Children born to diplomats and enemy aliens (citizens of countries at war with India) are not eligible for citizenship by birth.
• Example: If Rahul was born in India to Indian citizen parents on August 15, 1990, he is considered an Indian citizen by birth.

2. Citizenship by Descent:

• Individuals born outside India to at least one Indian citizen parent can acquire Indian citizenship by descent. The parent's citizenship at the time of the child's birth is crucial.
• Example: If Priya was born in the United States to Indian citizen parents, she can apply for Indian citizenship by descent.

3. Citizenship by Registration:

• This provision of the Citizenship Act allows foreign nationals who have been residing in India for several years and meet specific criteria to apply for Indian citizenship through registration.
• Example: Maria, a foreign national, has been living in India for 15 years, is married to an Indian citizen, and meets other eligibility criteria. She can apply for Indian citizenship through the registration process.

4. Termination of Citizenship:

• Renunciation: Indian citizens can voluntarily renounce their citizenship by submitting an application to the government. Once renounced, they are no longer considered Indian citizens.
• Example: Ravi, an Indian citizen, decides to become a citizen of Canada and formally renounces his Indian citizenship to become a full Canadian citizen.

Termination by the Government: 

• The government has the authority to terminate an individual's citizenship under specific circumstances. For instance, if someone obtained Indian citizenship through fraudulent means or if it is against the national interest, their citizenship can be revoked.
• Example: If an individual is found to have obtained Indian citizenship by providing false documents and information, and this is discovered, their citizenship could be terminated by the government.

5. Citizenship by Naturalization:

• Foreigners who have lived in India for a minimum number of years (usually 12 or 11 years, depending on the case) and meet specific criteria can apply for Indian citizenship through naturalization. This process involves demonstrating good behavior, proficiency in a language specified in the Eighth Schedule of the Indian Constitution, and other requirements.
• Example: John, a foreign national who has lived in India for 12 years and fulfills all the necessary conditions, can apply for Indian citizenship through the naturalization process.

6. Overseas Citizens of India (OCI):

• The Citizenship Act introduced the concept of Overseas Citizens of India (OCI), who are foreign nationals of Indian origin. They enjoy certain privileges, including multiple-entry, multi-purpose lifelong visas, and exemptions from certain registration requirements.
• Example: Tina, a Canadian citizen of Indian origin, holds an OCI card, which allows her to travel to India without requiring a visa and grants her certain privileges like owning property in India.

Case Law Example: Kawaljit Singh vs. Union of India (2003)

• Constitutional Amendment Power: The case revolved around the power of the Indian Parliament to amend the Constitution, including matters related to citizenship, under Article 368.
• Parliamentary Sovereignty: The Supreme Court upheld the concept of parliamentary sovereignty, affirming that the Indian Parliament had the authority to amend any part of the Constitution.
• Fundamental Rights: The case clarified that fundamental rights could be curtailed or abridged through constitutional amendments made under Article 368, with the caveat that they should not alter the basic structure of the Constitution.
• Citizenship: The court ruled that the Indian Parliament had the power to amend provisions related to citizenship, including the criteria for acquiring or losing Indian citizenship, through constitutional amendments.
• Precedent: The case established a significant precedent in Indian constitutional law, influencing subsequent cases dealing with the Parliament's power to amend the Constitution.