Previous Year Question
With reference to India, consider the following statements:
There is only one citizenship and one domicile.
A citizen by birth only can become the Head of State.
A foreigner once granted citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct?
Only 1
Only 2
1 and 3
2 and 3
Correct Answer: A
Detailed Solution
Statement 1 is correct. India provides for single Indian citizenship, instead of separate citizenship for the Union and individual States. Constitutionally, there is also one domicile of India rather than separate independent State domiciles.
Domicile or residence certificates issued by State Governments for education, employment or welfare benefits do not confer separate State citizenship. Under Article 16(3), only Parliament may prescribe a residence requirement for public employment under a State or Union Territory.
Statement 2 is incorrect. The President is India’s constitutional Head of State. Under Article 58, a person seeking election as President must:
Be a citizen of India.
Have completed 35 years of age.
Be qualified for election as a member of the Lok Sabha.
Not hold an office of profit under the Union Government, a State Government or an authority controlled by them.
The Constitution does not require the President to be a citizen by birth. A person who acquires Indian citizenship by registration or naturalisation can also become eligible after satisfying the other constitutional qualifications.
Statement 3 is incorrect. Under Section 10 of the Citizenship Act, 1955, the Central Government may deprive a person of citizenship acquired by registration or naturalisation on grounds including:
Citizenship was obtained through fraud, false representation or concealment of a material fact.
The person showed disloyalty towards the Constitution.
The person unlawfully traded or communicated with, or assisted, an enemy during a war.
Within five years of registration or naturalisation, the person was sentenced in any country to imprisonment for at least two years.
Subject to statutory exceptions, the person ordinarily resided outside India continuously for seven years.
Before making such an order, the Central Government must also be satisfied that deprivation is conducive to the public good. Section 8 deals with renunciation of citizenship, while Section 9 covers termination upon voluntarily acquiring the citizenship of another country.