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Question

If the Government of India revokes the citizenship of an individual for acting against the interests of the country, which constitutional or statutory provision empowers it to do so?

The correct answer is
Section 10 of the Citizenship Act, 1955

Revoking Indian Citizenship Powers

The power of the Government of India to revoke an individual's citizenship stems from specific legislation detailing citizenship matters.

Governing Act for Citizenship

The Citizenship Act, 1955, is the primary legislation that governs various aspects of citizenship in India, including its acquisition and termination.

Provision for Citizenship Termination

Section 10 of the Citizenship Act, 1955, specifically empowers the Central Government to terminate or deprive an Indian citizen of their citizenship under prescribed conditions.

  • This includes circumstances where a person has obtained citizenship by registration or naturalisation and has shown disloyalty to the Constitution of India.
  • It also covers cases where the citizen has willingly assisted or traded with an enemy during wartime or has been sentenced to imprisonment for two years or more under the Passport Act, 1967.
  • Crucially, it allows for deprivation if the citizen has acted in a manner prejudicial to the sovereign or integrity of India, or in a manner contrary to the public interest.

Analysis of Constitutional Articles

While the Constitution of India addresses citizenship, specific articles mentioned in the options serve different purposes:

  • Article 5 defines citizenship at the commencement of the Constitution.
  • Article 11 grants Parliament the power to make laws related to citizenship but does not specify the grounds for revocation.

Analysis of Other Act Sections

Section 6A of the Citizenship Act, 1955, deals with specific provisions related to persons who entered India from specific territories, particularly relevant to the Assam Accord. It is not the general provision for revoking citizenship based on national interest.

Conclusion

Based on the provisions of the Citizenship Act, 1955, Section 10 provides the legal framework for the Government of India to revoke citizenship if an individual acts against the interests of the country.

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Important Questions from Citizenship

  1. Which of the following is a feature of Directive Principles of State Policy, and also distinguishes it from Fundamental Rights?

  2. What happens when an Indian citizen renounces their citizenship?
  3. What does OCI stand for in the context of Indian citizenship?
  4. Which agreement is linked to the Citizenship (Amendment) Act, 1985?
  5. Which authority decides citizenship for people in newly added territories?
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