The Citizenship

1. Which of the following statements relating to the citizenship of India

Which of the following statements relating to the citizenship of India is/are correct?

  • A person born outside India on or after January 26, 1950, but before 10th day of December 1992, if his/her father is a citizen of India at the time of his/her birth shall be a citizen of India by descent.
  • A foreigner who is being illegal migrant can acquire Indian citizenship on application for naturalization to the Government of India.

Select the correct answer using the code given below:

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC SO-Steno – 2017
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Statement 1 is correct. According to Section 4 of the Citizenship Act, 1955, as it stood before the amendment in 1992, a person born outside India on or after January 26, 1950, was a citizen of India by descent if their father was a citizen of India at the time of their birth. This rule was in effect until the amendment that came into force on December 10, 1992, which allowed citizenship by descent if either parent was a citizen.
Statement 2 is incorrect. The Citizenship Act, 1955, explicitly prohibits “illegal migrants” from acquiring Indian citizenship by naturalization. While the Citizenship Amendment Act, 2019 created a special pathway for specific categories of illegal migrants from certain countries to become citizens, this is not through the general process of naturalization under Section 6 of the Act, and the statement is a broad generalization that is incorrect under the existing citizenship law framework for illegal migrants.
An illegal migrant is defined as a foreigner who enters India without valid travel documents or stays beyond the permitted period of time. The 1992 amendment to the Citizenship Act, 1955 made the rule for citizenship by descent gender-neutral, allowing citizenship if either parent was an Indian citizen at the time of birth abroad.

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2. Which one of the following parts of the Constitution of India deals wi

Which one of the following parts of the Constitution of India deals with the provisions relating to citizenship ?

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Part II
Part IV
Part V
Part VI
This question was previously asked in
UPSC Combined Section Officer – 2024
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The correct answer is A) Part II.
Part II of the Constitution of India, comprising Articles 5 to 11, deals with provisions relating to citizenship.
Part II lays down who were citizens of India at the commencement of the Constitution (January 26, 1950) and empowers Parliament to make laws regarding the acquisition and termination of citizenship and all other matters relating to citizenship. The Citizenship Act, 1955 is the primary law enacted by Parliament in this regard.

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3. Which one of the following is not one of the modes of acquisition of c

Which one of the following is not one of the modes of acquisition of citizenship under the Citizenship Act, 1955 ?

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Descent
Registration
Incorporation of territory
Overseas citizenship/dual citizenship
This question was previously asked in
UPSC CISF-AC-EXE – 2017
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The Citizenship Act, 1955, provides for the acquisition of Indian citizenship by five ways: by Birth, by Descent, by Registration, by Naturalisation, and by Incorporation of territory. Overseas citizenship/dual citizenship is not a mode of *acquiring* Indian citizenship under this Act. Overseas Citizenship of India (OCI) is a status granted to persons of Indian origin who are citizens of another country; it is not equivalent to Indian citizenship, and India generally does not allow dual citizenship as per its constitution and laws.
– Indian citizenship can be acquired after the commencement of the Constitution (Jan 26, 1950) through the mechanisms specified in the Citizenship Act, 1955.
– The Constitution (Part II, Articles 5 to 11) deals with citizenship at the commencement of the Constitution and grants Parliament the power to regulate the right of citizenship.
– Overseas Citizen of India (OCI) status was introduced in 2005. OCI cardholders are granted multiple entry lifelong visas, exemption from reporting to the police for any length of stay in India, and parity with NRIs in financial, economic and educational fields, but they do not have political rights (like voting or holding public office).

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4. With reference to India, consider the following statements : There

With reference to India, consider the following statements :

  • There is only one citizenship and one domicile.
  • A citizen by birth only can become the Head of State.
  • A foreigner once granted the citizenship cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

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1 only
2 only
1 and 3
2 and 3
This question was previously asked in
UPSC IAS – 2021
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The correct answer is A) 1 only.
– Statement 1 is correct. India has a system of single citizenship for the entire country. While the concept of ‘domicile’ can be complex and may have regional implications for specific matters, the legal framework primarily recognizes domicile in the country as a whole in the context of citizenship status and fundamental rights.
– Statement 2 is incorrect. Article 58 of the Constitution of India lists the qualifications for election as President. It requires the person to be a citizen of India, but it does not specify that the person must be a citizen by birth. A naturalized citizen is also eligible. This requirement exists, for example, for the presidency in the United States, but not in India.
– Statement 3 is incorrect. Indian citizenship, once granted to a foreigner through naturalization or registration, can be deprived by the Government of India under specific circumstances mentioned in the Citizenship Act, 1955. These grounds include acquiring citizenship by fraud, disloyalty to the Constitution, unlawfully trading with an enemy during war, or continuous absence from India for seven years.
– The provisions regarding citizenship in India are contained in Part II of the Constitution (Articles 5-11) and the Citizenship Act, 1955.

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5. Consider the following statements : 1. Aadhaar card can be used as a

Consider the following statements :

  • 1. Aadhaar card can be used as a proof of citizenship or domicile.
  • 2. Once issued, Aadhaar number cannot be deactivated or omitted by the Issuing Authority.

Which of the statements given above is/are correct ?

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2018
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The correct option is D because both statement 1 and statement 2 are incorrect regarding Aadhaar.
Aadhaar is intended as a proof of *identity* based on residency, not proof of citizenship or domicile. The issuing authority (UIDAI) does have provisions under certain circumstances to deactivate or omit an Aadhaar number.
Statement 1 is false. The Unique Identification Authority of India (UIDAI) explicitly states that Aadhaar is a proof of identity for residents of India, not a proof of citizenship or domicile. Statement 2 is also false. While an Aadhaar number is meant to be permanent, UIDAI has the authority to deactivate or omit an Aadhaar number in specific cases, such as finding a duplicate Aadhaar number, detection of fraud, or if the resident requests deactivation under certain conditions (though complete deletion is complex).

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6. Overseas citizens of India (as per Overseas Citizenship of India Schem

Overseas citizens of India (as per Overseas Citizenship of India Scheme as operational from December 2005) shall not be entitled to

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multiple entry, multipurpose lifelong visa to India
exemption from reporting to police authorities for any length of stay in India
parity with NRI's in financial, economic and educational fields except in the question of agricultural or plantation properties
voting rights in India
This question was previously asked in
UPSC CAPF – 2012
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Overseas Citizens of India (OCI) are granted several benefits by the Government of India, but they are not citizens of India and therefore do not possess political rights, including voting rights in India.
The OCI scheme allows persons of Indian origin (excluding those from Pakistan and Bangladesh) to live and work in India indefinitely with specific rights, while retaining their foreign citizenship.
OCI cardholders are entitled to a multiple entry, multipurpose lifelong visa for visiting India and are exempted from registration with the Foreigners Regional Registration Officer (FRRO) for any length of stay. They have parity with NRIs in financial, economic, and educational fields, except in matters relating to the acquisition of agricultural or plantation properties. However, they do not have the right to vote, be a member of a Legislative Assembly or Legislative Council, or hold constitutional posts like President, Vice-President, Judge of Supreme Court or High Court, etc.

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7. Which of the following areas has been exempted from the purview of the

Which of the following areas has been exempted from the purview of the Citizenship (Amendment) Act, 2019 ?

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Ladakh
Jammu and Kashmir
The Sixth Schedule Areas
The Fifth Schedule Areas
This question was previously asked in
UPSC CDS-2 – 2024
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The correct option is C) The Sixth Schedule Areas.
The Citizenship (Amendment) Act, 2019 contains specific provisions for exemption. Section 6 of the Act states that nothing in this section shall apply to the tribal areas of Assam, Meghalaya, Tripura and Mizoram as included in the Sixth Schedule to the Constitution, and the area covered under ‘The Inner Line’ notified under the Bengal Eastern Frontier Regulation, 1873. Therefore, the Sixth Schedule areas are explicitly exempted from the purview of the CAA 2019.
The purpose of exempting these areas is to protect the indigenous cultures, identities, land rights, and customary laws of the tribal populations living there, as enshrined in the special provisions for these regions. The Fifth Schedule areas, which pertain to the administration of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram, are not exempted by the CAA 2019.

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8. The Citizenship (Amendment) Act falls under which one of the following

The Citizenship (Amendment) Act falls under which one of the following Parts of the Constitution of India?

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Part I
Part II
Part IV
Part VI
This question was previously asked in
UPSC CDS-2 – 2020
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The Citizenship (Amendment) Act, like other laws related to citizenship in India, falls under Part II of the Constitution of India.
– Part II of the Constitution of India (Articles 5 to 11) deals with the provisions relating to citizenship of India.
– Article 11 specifically grants Parliament the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
– Laws such as the Citizenship Act, 1955, and its subsequent amendments, including the Citizenship (Amendment) Act, are enacted by Parliament under the authority granted by Article 11.
– Part I deals with The Union and its Territory.
– Part III deals with Fundamental Rights.
– Part IV deals with Directive Principles of State Policy.
– Part V deals with The Union Government.
– Part VI deals with The State Governments.

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9. A citizen of India will lose his or her citizenship if he or she 1.

A citizen of India will lose his or her citizenship if he or she

  • 1. renounces Indian citizenship
  • 2. voluntarily acquires the citizenship of another country
  • 3. marries a citizen of another country
  • 4. criticizes the Government

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1, 2 and 3
2, 3 and 4
1 and 2 only
1 and 4
This question was previously asked in
UPSC CDS-2 – 2016
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A citizen of India will lose his or her citizenship if he or she renounces Indian citizenship or voluntarily acquires the citizenship of another country.
– The Citizenship Act, 1955, prescribes three ways of losing Indian citizenship: Renunciation, Termination, and Deprivation.
– Renunciation (Section 8): Any citizen of India of full age and capacity can declare his wish to renounce his Indian citizenship. (Point 1 is correct).
– Termination (Section 9): Indian citizenship is automatically terminated if a citizen voluntarily acquires the citizenship of another country. India does not allow dual citizenship. (Point 2 is correct).
– Marrying a citizen of another country does not automatically lead to the loss of Indian citizenship. The Indian citizen retains their citizenship unless they choose to acquire the citizenship of their spouse’s country (which would then fall under Termination). (Point 3 is incorrect).
– Criticizing the Government is a fundamental right (freedom of speech and expression) and does not lead to the loss of citizenship. Deprivation of citizenship by the government is possible only under very specific circumstances (e.g., disloyalty to the Constitution, unlawfully trading with enemy during war, obtaining citizenship by fraud, continuous residence outside India for seven years without registration), none of which include mere criticism. (Point 4 is incorrect).
Deprivation is a compulsory termination of citizenship by the government, applicable only to citizens by registration, naturalization, or by operation of Section 5(1)(a) of the Act (persons of Indian origin residing outside India). It cannot apply to citizens by birth.

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10. The Citizenship Act, 1955 deals with the determination of citizenship

The Citizenship Act, 1955 deals with the determination of citizenship on or after

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26th January, 1950
26th November, 1949
15th August, 1947
14th August, 1947
This question was previously asked in
UPSC CDS-1 – 2023
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The Citizenship Act, 1955 was enacted by the Parliament under Article 11 of the Constitution. The Constitution itself contains provisions relating to citizenship at its commencement, i.e., January 26, 1950. The 1955 Act provides for the acquisition and termination of Indian citizenship *after* the commencement of the Constitution.
– The Citizenship Act, 1955 regulates the acquisition and loss of Indian citizenship after the Constitution came into effect.
– The Constitution (Articles 5-11) dealt with citizenship at the commencement of the Constitution (Jan 26, 1950).
– The Constitution of India came into force on January 26, 1950.
– November 26, 1949, is the date the Constitution was adopted and enacted, and certain provisions relating to citizenship, elections, provisional Parliament, etc., came into force immediately. However, the Citizenship Act, 1955 specifically addresses citizenship determination post-commencement of the Constitution.
– August 15, 1947, was India’s Independence Day.

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