Understanding Citizenship for Competitive Exams
Citizenship is a fundamental concept in law and governance, particularly crucial for competitive exams like the CLAT. It defines an individual's membership in a state, granting them rights and imposing duties. This module will break down the core aspects of citizenship, focusing on its acquisition, loss, and the constitutional provisions in India.
What is Citizenship?
Acquisition of Citizenship in India
The Constitution of India, specifically Articles 5 to 11, lays down the provisions related to citizenship. The Citizenship Act, 1955, further elaborates on these provisions and has been amended several times to address evolving circumstances.
| Method of Acquisition | Key Criteria |
|---|---|
| By Birth (Article 5) | Daughter or son born in India, with at least one parent being a citizen of India at the time of birth. |
| By Descent (Article 6) | Born outside India, but either parent was a citizen of India at the time of birth. |
| By Registration (Section 5(1)(c) of Citizenship Act, 1955) | Persons of Indian origin who have been ordinarily resident in India for five years immediately before applying; or persons married to Indian citizens and residing in India for seven years. |
| By Naturalisation (Section 5(1)(a) of Citizenship Act, 1955) | Persons who are not prohibited by any law of the prescribed country from becoming a citizen of India, have resided in India for twelve years, and possess good character. |
| By Incorporation of Territory (Article 10) | When a new territory becomes part of India, the Parliament may by law specify who shall be citizens of India. |
Loss of Citizenship
Citizenship Amendment Act (CAA), 2019
The Citizenship Amendment Act, 2019, is a significant piece of legislation that amended the Citizenship Act, 1955. It provides a pathway for undocumented migrants from specific minority communities in Pakistan, Bangladesh, and Afghanistan to become eligible for Indian citizenship. This has been a subject of considerable debate and legal scrutiny.
For CLAT preparation, understanding the constitutional basis (Articles 5-11) and the key provisions of the Citizenship Act, 1955, including amendments like the CAA, is crucial. Focus on the grounds for acquisition and loss, and be aware of landmark court cases related to citizenship.
Renunciation, termination, and deprivation.
Articles 5 to 11.
Dual Citizenship (Overseas Citizenship of India - OCI)
India does not permit full dual citizenship. However, the Overseas Citizenship of India (OCI) scheme, introduced in 2005, grants certain rights and privileges to persons of Indian origin who are citizens of other countries. OCI cardholders are not citizens but have benefits akin to citizens, such as lifelong visa-free travel to India and exemption from reporting to police authorities for any length of stay. They do not have political rights like voting or holding constitutional office.
Key Takeaways for Exams
When preparing for competitive exams, focus on the following:
- Constitutional Provisions: Articles 5-11.
- Citizenship Act, 1955: Methods of acquisition (birth, descent, registration, naturalisation, incorporation) and loss (renunciation, termination, deprivation).
- Citizenship Amendment Act (CAA), 2019: Its purpose, provisions, and controversies.
- Overseas Citizenship of India (OCI): Distinction between OCI and full citizenship.
- Landmark Judgments: Any significant Supreme Court rulings on citizenship.
Learning Resources
Direct access to the constitutional articles (5-11) that form the bedrock of Indian citizenship law.
The primary legislation detailing the acquisition and loss of Indian citizenship, including amendments.
A detailed analysis and explanation of the Citizenship Amendment Act, 2019, its provisions, and implications.
Official information on the Overseas Citizenship of India scheme, outlining its benefits and eligibility.
A comprehensive overview of the concept of citizenship globally, its historical evolution, and different forms.
A resource specifically tailored for CLAT aspirants, explaining citizenship law in the context of the exam.
An article from a reputable newspaper explaining the nuances of Indian citizenship and recent legislative changes.
The official 'bare act' of the Citizenship Act, 1955, for precise legal understanding.
A clear explanation of how Indian citizenship is acquired and lost, covering constitutional and statutory provisions.
A video explaining the fundamental concepts of citizenship, which can aid in grasping the broader context.