With reference to India, consider the following statements: 1. There is only one citizenship and one domicile. 2. A citizen by birth only can become the Head of State. 3. A foreigner once granted the citizenship cannot be deprived of it under any circumstances. Which of the statements given above is/are correct?
A1 only
B2 only
C1 and 3
D2 and 3
Answer & Solution
Correct answer: A. 1 only
Answer: A. Only statement 1 is correct.
Statement 1 is CORRECT. INDIA HAS A SINGLE CITIZENSHIP AND SINGLE DOMICILE. Unlike federal systems such as the USA (where citizens hold both federal and state citizenship), the Constitution of India provides for SINGLE INDIAN CITIZENSHIP under Articles 5-11. There is NO SEPARATE 'STATE CITIZENSHIP' in India. Indians can move freely and reside anywhere across the country and enjoy the same rights. Similarly, India recognises a SINGLE DOMICILE (Domicile of India) for citizenship and constitutional purposes — though for private international law / civil law a person may have a domicile of choice in a state. This was a deliberate decision by the Constituent Assembly to forge national unity, in contrast to American federal duality.
Statement 2 is WRONG. The HEAD OF STATE (PRESIDENT) of India CAN BE either a CITIZEN BY BIRTH OR BY NATURALISATION/REGISTRATION. The eligibility criteria under ARTICLE 58 are: must be a CITIZEN OF INDIA, completed 35 years of age, qualified for election as a member of the Lok Sabha, and not holding any office of profit. The Constitution does NOT require BIRTH-CITIZENSHIP specifically. (Contrast with the US Constitution Article II which requires the President to be a 'natural born citizen'.) So this statement is too restrictive.
Statement 3 is WRONG. A foreigner granted Indian citizenship CAN BE DEPRIVED of it under specific conditions. Under SECTION 10 of the CITIZENSHIP ACT 1955, the Central Government may, by order, deprive a citizen of citizenship (acquired by registration or naturalisation) if:
- It was obtained by FRAUD, false representation, or concealment of material facts.
- The citizen has shown himself by act or speech to be DISLOYAL or DISAFFECTED towards the Constitution.
- During war, the citizen has UNLAWFULLY TRADED OR COMMUNICATED with the enemy.
- Within five years of registration/naturalisation, sentenced for imprisonment of two years or more in any country.
- Continuously RESIDED OUTSIDE INDIA for seven years without registering at an Indian consulate.
The absolute 'cannot be deprived under any circumstances' is wrong.
Source: Constitution of India Articles 5-11, 58 / Citizenship Act 1955 Section 10.
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