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Question

Which authority decides citizenship for people in newly added territories?

The correct answer is
Union Government

Union Government Authority on Citizenship for New Territories

The authority to decide citizenship for individuals residing in newly added territories rests with the Union Government. This power is derived from the Constitution of India, which designates citizenship as a subject falling under the purview of the central government.

Constitutional Basis for Citizenship Decisions

The Constitution of India, specifically under Part II (Articles 5 to 11), deals with citizenship. While Articles 5 to 10 define citizenship at the commencement of the Constitution, Article 11 is particularly relevant here:

"Article 11: Parliament to regulate the right of citizenship by law. – Notwithstanding anything in any such law as is in force for the time being before the commencement of this Constitution, or any other provision of this Constitution, Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship."

This article explicitly grants the power to regulate citizenship, including acquisition, to the Parliament. Since Parliament is the legislative body of the Union Government, it is the Union Government that ultimately decides on matters of citizenship, especially concerning the integration of new territories into India.

Analysis of Other Options

  • Supreme Court: The Supreme Court interprets the Constitution and laws related to citizenship but does not have the primary authority to decide policy or grant citizenship for new territories. Its role is judicial review.
  • State Government: Citizenship is not a subject under the jurisdiction of State Governments. States operate within the framework set by the Union regarding citizenship.
  • Election Commission: The Election Commission is responsible for conducting elections and ensuring fair electoral practices. It does not deal with the determination of citizenship status.

Therefore, when new territories are added to India, it is the Union Government, primarily through Parliament's legislative power, that determines the citizenship status of the inhabitants of these territories.

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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. How can a foreigner who has lived in India for 12 years acquire Indian citizenship?
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