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Question

Which of the following Articles of the Indian Constitution empowers Parliament to make laws relating to the acquisition and termination of the Indian Citizenship?

The correct answer is
Article 11

Indian Constitution: Parliament's Authority on Citizenship Laws

The question asks about the specific Article in the Indian Constitution that grants the Parliament the power to make laws concerning the acquisition and termination of Indian citizenship. This power is crucial for regulating who becomes and ceases to be a citizen of India.

Understanding Citizenship Law Making Power

The Constitution of India outlines various provisions related to citizenship, particularly in Part II (Articles 5 to 11). However, the authority to frame laws and make further provisions regarding citizenship rests with the Parliament.

Relevant Constitutional Articles

  • Article 5: Citizenship at the commencement of the Constitution.
  • Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan.
  • Article 7: Rights of citizenship of certain migrants to India from Pakistan.
  • Article 8: Rights of citizenship of certain persons of Indian origin residing outside India.
  • Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
  • Article 10: Continuance of the rights of citizenship.
  • Article 11: Parliament to regulate the right of citizenship by law.

Analysis of the Empowering Article

Article 11 specifically states that:

"Any law made by Parliament concerning citizenship under this Part shall not be deemed to be void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by the provisions of this Part."

This Article explicitly empowers the Parliament to make comprehensive laws regarding the acquisition of citizenship (e.g., by birth, descent, registration, naturalisation) and the termination of citizenship (e.g., by renunciation, termination, deprivation). Subsequent laws, like the Citizenship Act of 1955 and its amendments, have been enacted by Parliament under the authority derived from Article 11.

Why Other Options Are Incorrect

  • Article 10 deals with the continuation of existing citizenship rights but does not grant the power to make new laws on acquisition or termination.
  • Article 12 defines 'the State' for the purpose of Part III (Fundamental Rights) and is unrelated to citizenship law-making.
  • Article 7 addresses citizenship rights for specific migrants from Pakistan but doesn't confer general law-making power on Parliament regarding citizenship.

Therefore, Article 11 is the key provision empowering Parliament to legislate on all matters related to Indian citizenship.

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Important Questions from Citizenship

  1. Where can people of Indian origin living abroad apply for Indian citizenship under Article 8?
  2. Which of the following documents are NOT required under CAA 2019 to apply for Indian citizenship?

  3. Which of the following communities was NOT included for fast-track citizenship under Citizenship Amendment Act (CAA) of 2019?
  4. What was the main change introduced by the 2015 Amendment to the Citizenship Act?
  5. What happens when an Indian citizen renounces their citizenship?
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