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 the citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 1 — 1 Only
India has a unified system of citizenship and domicile, unlike federal systems that recognize state-level domiciles. However, any Indian citizen (whether by birth or naturalization) can become the President, and citizenship can be deprived under specific circumstances like fraud or disloyalty.
✅ Statement 1 – Correct: Article 5 of the Constitution mentions 'domicile in the territory of India,' and the Supreme Court in Pradeep Jain v. Union of India (1984) ruled that India has only one domicile—the domicile of India—and not separate state domiciles. Similarly, there is only one citizenship for the entire country.
❌ Statement 2 – Incorrect: Article 58 allows any citizen of India to be eligible for the office of President, whether citizen by birth or by naturalization. Unlike the USA, which requires a natural-born citizen for the Presidency, India does not make this distinction.
❌ Statement 3 – Incorrect: Under Section 10 of the Citizenship Act, 1955, the Government can deprive a person of citizenship if it was obtained by fraud, false representation, or concealment of material facts, or if the citizen has shown disloyalty to the Constitution of India.
📝 Short Notes: Citizenship in India
| Aspect | Details |
|---|---|
| Constitutional Provisions | Articles 5-11 deal with citizenship at the commencement of the Constitution. Part II of the Constitution. |
| Single Citizenship | India follows single citizenship (Union citizenship) unlike the USA which has dual citizenship (federal and state). |
| Domicile | Only one domicile—domicile of India. No separate state domiciles recognized (Pradeep Jain v. Union of India, 1984). |
| Eligibility for President | Article 58: Any citizen of India (by birth, descent, registration, or naturalization) can become President. No restriction to natural-born citizens. |
| Acquisition of Citizenship | By birth, descent, registration, naturalization, and incorporation of territory (Citizenship Act, 1955). |
| Loss of Citizenship | By renunciation, termination, and deprivation. Deprivation possible if obtained by fraud or due to disloyalty (Section 10, Citizenship Act). |
| Citizenship Amendment | Citizenship (Amendment) Act, 2019 provides citizenship to persecuted minorities from Pakistan, Afghanistan, and Bangladesh (excluding Muslims). |
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