Who has the exclusive power of determining the issue of citizenship in India?
Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament. The Constitution does not define the term ‘citizen’ but details of various categories of persons who are entitled to citizenship are given in Part 2 (Articles 5 to 11).
Who of the following has the power to regulate the right of citizenship in India?
Article 11 empowers the Indian Parliament to make Regulate on Citizenship by law. It was in exercise of this power that the Citizenship Act, 1955 was enacted.
Who has the exclusive power to provide for the process of citizenship by naturalization?
It has long been established that Congress has the exclusive authority under its constitutional power to establish a uniform rule of naturalization and to enact legislation under which citizenship may be conferred upon persons.
What is proof of citizenship in India?
There are significant divergences in judicial interpretations of what constitutes valid proof of citizenship. The Delhi High Court has said that a passport is a valid document. … Another Mumbai court held in 2019 that a passport is sufficient proof of citizenship.
What are the types of citizenship in India?
8-003a. A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents. considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.
Which fundamental right is only for citizens of India?
Under the Indian constitution, certain fundamental rights are available only to the citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in matter of public employment (Article 16); freedom of speech and expression, …
What are the exceptions to Article 19?
v. Union of India. Article 19(2) – An Exception to Article 19(1): It is however pertinent to mention that, freedom of speech and expression of press is not absolute but is qualified by certain clearly defined limitations under Article 19(2) in the interests of the public.
Who is Indian citizen as per Constitution?
Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India, and (a) who was born in India, or (b) either of whose parents was born in India, or (c) who has been ordinarily resident in India for not less than five years, became a citizen of India.
What is uniform rule of naturalization?
[The Congress shall have Power . . . ] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; . . . Naturalization has been defined by the Supreme Court as the act of adopting a foreigner, and clothing him with the privileges of a native citizen.
Can Congress give citizenship?
Citizenship can be conferred by special act of Congress, 1323 it can be conferred collectively either through congressional action, such as the naturalization of all residents of an annexed territory or of a territory made a state, 1324 or through treaty provision.