8.Citizenship and Fundamental Rights Flashcards
According to Article 8, who can become an Indian citizen?
A person who, or any of whose parents or grandparents, was born in undivided India but is residing outside India.
How can a person become an Indian citizen under Article 8?
They can become an Indian citizen by being registered as a citizen of India by the diplomatic or consular representative of India in the country of their residence.
Can a person become an Indian citizen under Article 8 before the commencement of the Constitution?
Yes, they can be registered as an Indian citizen before or after the commencement of the Constitution.
What does Article 10 state about the rights of citizenship?
Every person deemed to be a citizen of India will continue to be a citizen, subject to provisions of any law made by Parliament.
Who has the power to regulate the right of citizenship according to Article 11?
Parliament has the power to make provisions regarding the acquisition and termination of citizenship and all other matters relating to citizenship.
How can citizenship of India be acquired by birth?
Citizenship of India can be acquired by birth if either of the parents is Indian or if one of the parents is a citizen of India and the other was not an illegal migrant at the time of the person’s birth.
What are the conditions for citizenship by birth between January 26, 1950, and July 1, 1987?
Irrespective of the nationality of their parents, a person born between January 26, 1950, and July 1, 1987, is a citizen of India by birth.
What are the conditions for citizenship by birth after July 1, 1987?
After July 1, 1987, a person is a citizen of India by birth only if either of their parents is a citizen of India at the time of their birth.
What conditions apply for citizenship by birth after December 3, 2004?
After December 3, 2004, a person is a citizen of India if both their parents are citizens of India or if one of their parents is a citizen of India and the other is not an illegal migrant at the time of their birth.
Can children of foreign diplomats posted in India acquire Indian citizenship by birth?
No, children of foreign diplomats posted in India cannot acquire Indian citizenship by birth.
How can citizenship of India be acquired by descent?
A person born outside India can be deemed a citizen of India if either of their parents was a citizen of India at the time of their birth, provided that the birth is registered within one year of its occurrence or commencement of the Act.
What are the requirements for citizenship by registration?
A person may be registered as a citizen of India if they are married to a citizen of India or have been a resident of India for five years immediately before making an application for registration.
What are the conditions for citizenship by naturalization?
A person is granted a certificate of naturalization if they are not an illegal migrant and have resided in India for 12 months before making an application, with a total stay of 11 years in India within the preceding 14 years.
How is citizenship granted by the incorporation of territory?
If any new territory becomes a part of India, the government of India specifies the persons of the territory to be citizens of India.
What special provisions are made for citizenship under the Assam Accord?
The Assam Accord provides special provisions for persons of Indian origin who came to Assam before January 1, 1966, and those who came between January 1, 1966, and March 25, 1971, from Bangladesh, granting them citizenship under specific conditions.
Who is eligible for citizenship under the Citizenship Amendment Act 2019?
Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who came to India on or before December 31, 2014, are eligible for Indian citizenship under the Citizenship Amendment Act 2019.
How can an Indian citizen lose their citizenship by renunciation?
An Indian citizen of full age and capacity can make a declaration renouncing their Indian citizenship.
What happens when an Indian citizen acquires citizenship of another country?
When an Indian citizen voluntarily acquires citizenship of another country, their Indian citizenship automatically terminates.
What are the conditions for loss of citizenship by deprivation?
Loss of citizenship by deprivation can occur if an individual obtained citizenship by fraud, shown disloyalty to the Constitution of India, unlawfully traded or communicated with the enemy during a war, been imprisoned in any country for two years within five years after registration or naturalization, or been ordinarily resident out of India for seven years or imprisoned in any country for two years continuously.
Can an Indian citizen lose their citizenship if they have been imprisoned in any country for one year?
No, an Indian citizen must be imprisoned in any country for two years within five years after registration or naturalization to potentially lose their citizenship.
How long must an Indian citizen be ordinarily resident out of India for them to potentially lose their citizenship?
An Indian citizen must be ordinarily resident out of India for seven years to potentially lose their citizenship.
What is one reason an Indian citizen can lose their citizenship by deprivation?
If an Indian citizen has shown disloyalty to the Constitution of India, they can potentially lose their citizenship.
