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POLITY > CITIZENSHIP > Flashcards

CITIZENSHIP Flashcards

1
Q

Citizens

A

○ Having legal membership of a specific society or state or country
○ Enjoy all the civil and political rights offered by the state
○ Participate in the political process of the state
○ Have certain civic duties
○ Have recognition of the state

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2
Q

Aliens

A

○ Citizens of some other state
○ Foreign nations
○ Limited civil and political rights as compared to Citizens
○ Limited duties and responsibilities

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3
Q

2 categories of Aliens

A

○ Friendly Aliens – Citizens of a friendly state
○ Enemy Aliens – Citizens of an enemy state

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4
Q

Friendly Aliens

A

enjoy more rights as compared to enemy aliens

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5
Q

Residence

A

○ Place where you are living right now
○ A person can have multiple residences at different locations
○ It can be temporary or permanent

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6
Q

Domicile

A

○ Bigger concept than residence
○ Permanent home of the individual
○ Intent of the individual to finally settle at a place
○ Only one domicile is possible

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7
Q

Refugee

A

○ A person forced to leave his home country due to war, violence, persecution, etc.
○ A person outside their home country – unwilling or unable to return to their home country
○ Some countries grant asylum to refugees

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8
Q

Asylum

A

○ Certain protection and civil and political rights
○ Not full citizenship

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9
Q

Immigrant

A

○ A person who chooses to move to another country
○ For work, education, other reasons

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10
Q

Immigrants

A

○ Legal – with proper documents and visa
○ Illegal – Without proper documents and visa
○ Limited civil and political rights

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11
Q

Non-Resident Indian (NRI)

A

○ A person who is a Citizen of India
○ But living outside India for work, education, etc.

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12
Q

Foreign Exchange Management Act, 1999

A

○ An Indian Citizen or a Person of Indian Origin living abroad
○ For an uncertain duration of time

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13
Q

Income Tax Act, 1961

A

Living abroad for more than 182 days in a financial year

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14
Q

Article 15

A

Prohibition of Discrimination on the Grounds of Religion, Race, Caste, Sex, Place of Birth

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15
Q

Article 16

A

Equality of Opportunity in Matters of Public Employment

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16
Q

Article 19

A

○ Right to Freedom and 6 Freedoms associated with it
○ Freedom of Speech and Expression, association, assembly, movement, residence,
profession

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17
Q

Article 29 and Article 30

A

○ Cultural and Educational Rights

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18
Q

EXCLUSIVE RIGHTS OF INDIAN CITIZENS

A

● Right to Vote
● Right to Contest Elections
● Eligibility to hold the office of President, Vice President, Governor, Judges, MPs/ MLAs, Ministers,
Attorney General, CAG, Advocate General

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19
Q

EXCLUSIVE DUTIES OF INDIAN CITIZENS
● Duties of Indian Citizens

A

○ Fundamental Duties under Article 51A (Part IVA)
○ Taxation
○ Defending the Country
○ Respecting National Symbols

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20
Q

Only Single Citizenship

A

○ Indian Citizenship
○ No separate Citizenship of States

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21
Q

Concept of Single Citizenship

A

Borrowed from United Kingdom

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22
Q

Purpose of Single Citizenship

A

Equality, unity, integrity and fraternity

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23
Q

Citizenship

A

○ Union List Subject
○ 7th Schedule
○ States cannot make laws on Citizenship

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24
Q

US and Australia

A

○ Dual Citizenship
○ Citizenship of the States and the Country
○ 2 sets of rights given by the Union and the State Governments

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25
Q

Why did India adopt Single Citizenship?

A

○ To prevent discrimination
○ States might have stopped people from other states to live, work, study, vote, etc.

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26
Q

Every person – irrespective of their state

A

○ Same rights and responsibilities
○ No discrimination between them

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27
Q

EXCEPTIONS TO EQUALITY
● Article 16

A

○ Parliament has the power to prescribe residence as a condition for employment in State
Jobs
○ Ex: Public Employment (Requirement as to Residence) Act, 1957

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28
Q

32nd Constitution Amendment Act, 1973

A

○ Article 371D – Inserted in the Indian Constitution
○ President – by Order – Allow residence as a condition for employment in Andhra Pradesh
and Telangana or for education

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29
Q

Andhra Pradesh Reorganization Act, 2014

A

Telangana Created – Article 371D

30
Q

Article 15

A

○ Prohibition of Discrimination of the grounds of Religion, Race, Caste, Sex, Place of Birth
○ Place of Residence not mentioned here

31
Q

States

A

○ Can create special provisions on the Grounds of Residence
○ Ex: Reservation for Residents of the State in State Universities

32
Q

Article 19

A

○ Freedom to Move Freely Throughout Territory of India, Reside and Settle in any Part of India
○ Restrictions may be imposed over the Citizens – to protect the interests of Scheduled Tribes

33
Q

SPECIAL CASE OF JAMMU AND KASHMIR
● Article 35A of the Indian Constitution

A

○ Inserted by The Constitution (Application to Jammu and Kashmir) Order, 1954
○ Issued under the provisions of Article 370 (Indian Constitution)

34
Q

Article 35A

A

○ Allowed the State Government to define ʻPermanent Residentsʼ

○ Give them special rights

35
Q

The Constitution (Application to Jammu and Kashmir) Order, 2019

A

○ Order of 1954 and Article 35A revoked
○ No longer allowed to define ʻPermanent Residentsʼ

36
Q

CITIZENSHIP PROVISIONS IN INDIA
● Constitutional Provisions

A

○ Part II
○ Article 5 – Article 11
○ Deal with Citizenship till the Commencement of the Constitution
○ Citizenship till 26th January 1950
○ A er that - no provisions dealing with acquisition or loss of Citizenship
○ A er that – Parliament empowered to pass a law related to Citizenship

37
Q

Legal Provisions

A

○ Citizenship Act, 1955
○ Deals with acquisition or loss of Citizenship, Persons of Indian Origin, etc.

38
Q

4 Categories of people became Citizens of India

A

On 26th January, 1950

39
Q

ARTICLE 5

A

● For those people who were living in India
● Any person having a Domicile in India
● And fulfilled one of the 3 conditions
○ Born in the territory of India; or
○ Either of whose parents was born in Territory of India; or
○ Has been living in India for 5 years immediately preceding the Constitution
● Will become a Citizen of India
● Word Domicile
○ Mentioned in the Constitution
○ But not defined anywhere

40
Q

ARTICLE 6

A

● Dealing with people who migrated to India from Pakistan
● Any such person will be a Citizen of India if
○ He or either of his parents or either of his grand parents were born in India as defined by Government of India Act 1935
● One of the 2 conditions should be fulfilled
○ If he entered before 19th July 1948 and has been living in India since then; or
○ If he entered a er 19th July 1948, then he had to live in India for 6 months and then get
registered as a Citizen
● 19th July 1948
○ The date on which Permit System came into force

41
Q

ARTICLE 7

A

● Any person who migrated to Pakistan a er 1st March 1947 ○ But later returned to India before 26th January 1950
● A er returning back to India
○ Live here for 6 months
○ And then apply for the Citizenship

42
Q

ARTICLE 8

A

● Indian living Abroad
○ If he or either of his parents or any of his grand parents were born in undivided India (as
defined by Government of India Act 1935)
○ Made an application to the Diplomatic Mission of India in that Country
○ Registered with the Diplomatic mission of India in that country
● Before and a er the Commencement of the Constitution

43
Q

ARTICLE 9

A

● If a person has acquired Citizenship of a foreign country
○ Voluntary acquisition of citizenship
○ He will no longer be an Indian Citizen
● Single Citizenship

44
Q

ARTICLE 10

A

● Every person who is a Citizen of India
○ Will continue to be Citizen of India
○ Subject to provisions of the law made by the Parliament
● Parliament
○ Bylaw
○ Make provisions to take away the citizenship of such a person ● Citizenship of a person
○ Is not a permanent concept
○ Can be taken away

45
Q

ARTICLE 11

A

● Parliament
○ Power to make laws
○ For acquisition and termination of citizenship
○ And other matters related to Citizenship
● No power given to the States
○ To make laws related to Citizenship ● Quasi Federal feature

46
Q

CITIZENSHIP ACT, 1955

A

○ Passed by the Parliament
○ Provides for Acquisition and Termination of Citizenship

47
Q

ACQUISITION OF CITIZENSHIP
● 26th January 1950 – 1st July 1987
● 1st July 1987 – 3rd December 2004
● 3rd December 2004 – Till today

A

By Birth
○ Any person born in the territory of India
○ Citizenship and Nationality of Parents is not important

Any person born in the territory of India
Either of the parents – Citizen of India at the time of Birth
Nothing mentioned about the other parent

Any person born in the territory of India
Either of the parents is citizen and the other is not an illegal immigrant

48
Q

ACQUISITION OF CITIZENSHIP
● Children of Foreign Diplomats and Enemy Aliens
● By Descent
● 26th January 1950 – 10th December 1992
● 10th December 1992 – 3rd December 2004
● 3rd December 2004 – Till Today

A

No citizenship by Birth

Through family lineage

○ Born outside India
○ Father is an Indian Citizen

○ Born outside India
○ Either parents is a citizen of India during the birth of the child

○ Born outside India
○ Birth should be registered within 1 year at Indian Consulate
○ Application by parents – child doesnʼt hold the passport of any other country
○ Child should renounce the citizenship of any other country within 6 months a er turning
18

49
Q

ACQUISITION OF CITIZENSHIP

● By Registration

A

○ A person of Indian Origin living in India for 7 years before making an application
○ A person married to an Indian Citizen and is living in India for 7 years before making an
application
○ Minor children of people who are Citizens of India
● A person of full age and capacity whoʼs parents are Citizens of India
● A person of full age and capacity who or either of his parents were citizens of Independent India
and is now living in India from 12 Months
● A person of full age and capacity who has been registered as an Overseas Citizen of India for 5
years and who has been living in India since 12 months

50
Q

ACQUISITION OF CITIZENSHIP
● People applying for Citizenship by Registration
● Components of oath
● Who is a person of Indian Origin?
● Government can make exceptions

A

Oath

○ Bear true faith and allegiance to the Constitution of India
○ Faithfully observe laws of India
○ Fulfill duties as Citizens of India

○ The person or either of the parents
○ Born in undivided India
○ Or in such territory that is a part of Independent India

○ Those who have contributed in Science, Philosophy, Art, Literature, World Peace and
Human Progress
○ Can waive all or any of the above conditions

51
Q

ACQUISITION OF CITIZENSHIP
● People applying for Citizenship by Naturalization
● Components of oath

A

Oath

○ Bear true faith and allegiance to the Constitution of India
○ Faithfully observe laws of India
○ Fulfill duties as Citizens of India

52
Q

ACQUISITION OF CITIZENSHIP

By Naturalization

A

○ The person should not be a citizen of a country where Indians cannot become citizens by
Naturalization
○ They are willing to renounce the citizenship of their previous country
○ Been living in India for 12 months immediately preceding the application for citizenship
○ Before the period of 12 months, has lived in India for 11 years out of the preceding 14 years
○ The person is of good character
○ Adequate knowledge of English or any other Schedule 8 Language
○ Has intention to live in India a er getting Citizenship by Naturalization.

53
Q

Indian President

USA President

A

Citizenship can be acquired by any mode including Birth or Naturalization

Only Citizens by Birth can be US Presidents

54
Q

Indian President

USA President

A

Citizenship can be acquired by any mode including Birth or Naturalization

Only Citizens by Birth can be US Presidents

55
Q

CITIZENSHIP AMENDMENT ACT, 2019
● Changed the conditions of Naturalization
● Provisions of the Act

A

For persecuted minorities of Pakistan, Bangladesh, and Afghanistan

○ Hindu, Sikh, Buddhist, Jain, Parsi, Christian
○ Belonging to Afghanistan, Bangladesh, Pakistan
○ Entered India on or before 31st December 2014
○ Religiously persecuted in their home country
○ Entered illegally into India

56
Q

CITIZENSHIP AMENDMENT ACT, 2019
● Such people
● Exceptions to the Act

A

○ Will not be treated as illegal immigrants
○ No penal provisions under Passport (Entry into India) Act, 1920 and Foreigners Act, 1946
○ Fastrack Citizenship by Naturalization
○ Living in India for 12 months before the application
○ In the 14 years preceding the 12 months, living in India for 5 years

○ Not applicable in Schedule 6 Tribal Areas – Assam, Meghalaya, Mizoram, Tripura
○ Not applicable in Inner Line Permit Areas as defined under Bengal Eastern Frontier
Regulation Act, 1873
○ Ex: Mizoram, Arunachal Pradesh, Nagaland, Manipur

57
Q

ASSAM ACCORD
● Citizenship (Amendment) Act, 1985
● Any person of Indian Origin

A

○ Every person of Indian Origin who entered Assam from Bangladesh
○ Before 1st January 1966
○ Shall be Citizen of India from 1st January 1966

○ Entered Assam from Bangladesh
○ On or a er 1st January 1966 but before 25th March 1971
○ Will get Citizenship a er staying in India for 10 years
○ Meanwhile – All Rights available to citizens will be given to the person
○ But no Right to Vote for 10 Years

58
Q

CONFLICT BETWEEN CAA, 2019 AND ASSAM ACCORD

● Cut-off Date in Assam Accord
● CAA, 2019
● People of Assam

A

○ 25th March, 1971
○ No one entering Assam a er the cut-off date will be given the citizenship

○ Any one entering India on or before 31st December, 2014
○ Will be given the Citizenship

○ See this as violation of Assam Accord

59
Q

ACQUISITION OF CITIZENSHIP
● By Incorporation of Territory

A

○ If India acquires any foreign land
○ Government of India – to specify – who will become Citizen of India from that country
○ Empowered under Citizenship Act, 1955

60
Q

CITIZENSHIP ACT, 1955
● Citizenship Act, 1955

A

○ Passed by the Parliament
○ Provides for Acquisition and Termination of Citizenship

61
Q

LOSS OF CITIZENSHIP
● By Renunciation
● When a person renounces his citizenship
● If India is engaged in a war
● By Termination
● Termination provisions
● By Deprivation

A

○ Meaning : voluntarily giving up
○ Any person of full age and capacity can give up his citizenship

○ His minor children will also lose their Citizenship
○ Such a child – can resume citizenship within 1 year of turning 18 years old

The renunciation may be put on hold

○ When an Indian Citizen acquires Citizenship of any foreign country
○ Indian Citizenship – automatically terminates

Not applicable during war

○ Compulsory Termination of Indian Citizenship by Central Government on certain grounds

62
Q

LOSS OF CITIZENSHIP
● Certain Grounds
● Grounds for Deprivation

A

Citizenship has been obtained by fraud
Disloyalty towards Indian Constitution
Unlawful trade and communication with enemy nation during war

○ Within 5 years of registration or naturalization has been imprisoned in any other country
for 2 or more years
○ Person has been continuously living outside India for 7 years or more
■ Not applicable to civil servants
■ Not applicable to students abroad
■ Not applicable to people who have annually registered at the Indian Consulate

63
Q

OVERSEAS CITIZENSHIP OF INDIA

A

● L.M. Singhvi Committee
○ Concept of Overseas Citizenship of India
● Citizenship (Amendment) Act, 2003 ○ Introduced the concept of OCI
● OCI Cards
○ Available to Persons of Indian Origin living in any country across the world
○ Except Pakistan and Bangladesh

64
Q

OCI CARDHOLDERS
● Registration

A

○ Any person who was a Citizen of India at some point of time
○ Was eligible to be a Citizen of India
○ Who was a part of the territory that became a part of Independent India
○ Child, grand child, great grand child of any such person
○ Any person who is a minor child of people of the above category
● A minor child whose both or one of the Parents is an Indian Citizen

65
Q

OCI CARDHOLDERS
● Spouse of Indian Citizen or Spouse of OCI Cardholder
● Any person who himself, or his parents, or grand parents or great grand parents
● Central Government

A

Their marriage has sustained for minimum 2 years

○ Were / are citizens of Pakistan and Bangladesh
○ Not eligible for OCI Cards

○ Empowered to add more countries to the list

66
Q

RIGHTS OF OCI CARDHOLDERS

● In other matters not specified

A

○ Equivalent to foreigners

○ Determined by Central Government
○ Empowered by Citizenship Act, 1955
○ Multiple entry lifelong visa
○ Special permission required – for research, Mountaineering, Journalistic Activity,
Missionary or Tablighi Activity, employment at any foreign mission in India, visiting
restricted places in India
○ Similar domestic air tariffs to Indian Citizens, entry fees for monuments, national parks etc.
○ JEE/NEET, eligible for holding NRI Seats in colleges
○ Sale and purchase of land except agricultural land
○ Appointment as faculties in IITs NITs AIIMS IIMs

67
Q

RIGHTS NOT FOR OCI CARDHOLDERS

A

● No equality in matters of Public Employment
● Not eligible for post of President, Vice President, Judges of Supreme Court and High Court,
MP/MLA, Government Jobs (except as specified by the Central Government)
● Not entitled to Vote

68
Q

RENUNCIATION OF OCI CARDS

A

● OCI Cardholder
○ Voluntarily renounce the OCI Card
● Spouse of Foreign Origin and Minor Child of any such person ○ No longer OCI Cardholders

69
Q

CANCELLATION OF OCI CARDS

● Central Government
● Reasonable opportunity will be given

A

Nodal authority to cancel OCI Card of a person

○ To hear the petitioner
○ Before cancelling the card

70
Q

CANCELLATION OF OCI CARDS

Conditions for cancellation

A

○ OCI Card obtained by fraud
○ Disaffection towards the Constitution of India
○ Traded or communicated with any enemy of India during a war
○ OCI Cardholder sentenced for 2 years in jail in any country within 5 years of obtaining the
card
○ Violated any law of India or any provision of Citizenship Act, 1955
○ Necessary to do so in the interest of sovereignty and integrity of India, Security, Friendly
relations with foreign states, interest of general public
○ Marriage of OCI cardholder has been dissolved

71
Q

Q.) With reference to India, consider the following statements:
1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct? (a) 1 Only
(b) 2 Only (c) 1and3 (d) 2 and 3

A

A

POLITY (5 decks)

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