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Citizenship
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Q.1
WBCS Prelims 2021
NRC is now in form of a
A. Draft
B. Bill
C. Act
D. None of the above
Explanation
Why Correct: The National Register of Citizens (NRC) operates under the Citizenship Act, 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, making it an Act-based exercise.
Distractor Analysis: Draft refers to the preliminary NRC list published in Assam in 2018. Bill refers to proposed legislation like the Citizenship Amendment Bill. None of the above is incorrect because NRC operates under existing legislation.
Takeaway: NRC in Assam was a Supreme Court-monitored process under the Citizenship Act, distinct from the National Population Register (NPR) which is conducted under the Citizenship Rules.
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Q.2
WBCS Prelims 2016
Which part of the Constitution deals with citizenship ?
A. Part 1
B. Part 2
C. Part 3
D. Part 4
Explanation
Why Correct: Part II of the Constitution, comprising Articles 5 to 11, exclusively governs citizenship, detailing provisions for acquisition at commencement, citizenship by birth, descent, registration, naturalization, and termination.
Distractor Analysis: Part I defines the Union and its territory, including state formation and reorganization. Part III enshrines Fundamental Rights guaranteed to citizens and in some cases to all persons. Part IV contains Directive Principles of State Policy, which are non-justiciable guidelines for governance.
Takeaway:</strong: The Citizenship Act of 1955, enacted under Article 11, provides the statutory framework for citizenship matters, while Part II sets the constitutional foundation.
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Q.3
WBCS Prelims 2004
What is the minimum period of stay for a person applying for Indian citizenship?
A. 3 years
B. 5 years
C. 1 year
D. 12 years
Explanation
Why Correct: The Citizenship Act, 1955 requires a person to have resided in India for at least 5 years immediately preceding the application date for citizenship by naturalization.
Distractor Analysis: 3 years applies to spouses of Indian citizens applying for citizenship by registration. 1 year has no basis in citizenship law. 12 years is the requirement for Overseas Citizenship of India (OCI) cardholders to be eligible for citizenship by registration.
Takeaway: For citizenship by registration, the required residence period varies from 0 years (for persons of Indian origin) to 7 years (for certain other categories like Commonwealth citizens).
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Q.4
WBPSC Miscellaneous Prelims 2019
What type of citizenship is granted as per Indian Constitution?
A. Single citizenship
B. Dual citizenship
C. Double citizenship for the province and the state
D. Multiple citizenship
Explanation
Why Correct: The Indian Constitution provides for single citizenship, meaning every Indian is a citizen of India only, not of any separate state or province. This is unlike federal countries such as the USA where dual citizenship (national and state) exists.
Distractor Analysis: Dual citizenship refers to being a citizen of two sovereign nations, which India does not allow. Double citizenship for province and state would imply separate state citizenship, which does not exist in India. Multiple citizenship would be citizenship of more than two entities, also not provided.
Takeaway: Single citizenship is a unifying feature of Indian federalism, intended to promote national integration. It is enshrined in Part II (Articles 5-11) of the Constitution.
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Q.5
WBCS prelims 2024
Which Article deals with persons voluntarily acquiring foreign citizenship?
A. Article 7
B. Article 8
C. Article 9
D. Article 10
Explanation
Why Correct: Article 9 of the Indian Constitution states that if any person voluntarily acquires the citizenship of a foreign state, they shall cease to be a citizen of India. This provision operates automatically upon voluntary acquisition of foreign citizenship, without requiring any separate order from the government.
Distractor Analysis: Article 7 deals with rights of citizenship of certain migrants to Pakistan, providing that those who migrated to Pakistan after 1 March 1947 but later returned to India under a permit for resettlement may regain citizenship. Article 8 deals with rights of citizenship of certain persons of Indian origin residing outside India, allowing those born in India or whose parents or grandparents were born in India to register as Indian citizens if they are ordinarily resident in a foreign country. Article 10 deals with continuance of the rights of citizenship, stating that every person who is or is deemed to be a citizen of India shall continue to be such, subject to the provisions of any law made by Parliament.
Takeaway: Articles 5 to 11 of the Constitution deal with citizenship at the commencement of the Constitution. Article 11 expressly empowers Parliament to regulate the right of citizenship by law, which led to the Citizenship Act, 1955, and its subsequent amendments.
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