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6 Questions around this concept.
Read the following passage and answer the question.
The population of a state is divided into two categories: citizens and non-citizens. A citizen of a state enjoys all civil and political rights. A non-citizen, on the other hand, doesn’t enjoy all these rights. Under the Indian Constitution,certain fundamental rights are available only to citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in matters of public employment (Article 16); freedom of speech and expression, assembly, association, movement, residence and profession (Article 19); cultural and educational rights (Articles 29 and 30); and the right to vote and become members of the union and state legislatures. Several offices can also be occupied exclusively by citizens: president (Article 58(1)(a)), vice president (Article 66(2)), judges of the Supreme Court (Article 124(3)) and high courts (Article 217(2)), governor of a state (Article 157), attorney general (Article 76(1)) and advocate general (Article 165). Equality before the law or equal protection of the laws within the territory of India (Article 14) and protection of life or personal liberty (Article 21) are applicable to non-citizens as well. The Indian Constitution doesn’t prescribe a permanent provision relating to citizenship in India. It simply describes categories of persons who are deemed to be citizens of India on the day the Indian Constitution was promulgated on January 26, 1950, and leaves citizenship to be regulated by law made by Parliament. Article 11 of the Constitution confers power in Parliament to make laws regarding citizenship. The Indian Citizenship Act, of 1955 was enacted in the exercise of this provision. By the Citizenship Amendment Act, 2003, Section 3 of the Indian Citizenship Act, 1955 was amended to provide that person born after December 3, 2004, would be deemed to be citizens of India, if both their parents are Indian citizens or one of their parents, is a citizen of India and the other is not an illegal migrant, at the time of the person’s birth. “Illegal migrant” under the Indian Citizenship Act, 1955 means a foreigner who has entered India: without a valid passport or travel documents; or with a valid passport or travel documents but remained in the country beyond the permitted period of time. If the Central Government is of the opinion that an applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may, under Section 6, waive all or any conditions specified to attain Indian citizenship.
Question :
Sheila is an English citizen, who has made remarkable discoveries in the field of robotics. Sheila’s parents were both English citizens throughout their life. Sheila now wishes to apply for Indian citizenship. Which of the following would most likely help Will her application succeed?
A person who was born in India on 15th July 1942, moved to the United States in 1955, and became a U.S. citizen. They returned to India in 1965. What is their citizenship status according to the commencement of the Indian Constitution?
Types of Citizenship:
Single Citizenship:
Rights of Citizens:
Case Law Example: Shankari Prasad v. Union of India (1951):
Loss of Citizenship:
Case Law Example: M. C. Raja v. Secretary of State (1947):
Special Provisions:
Evolving Citizenship Laws:
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