Part-II (Citizenship)

 Article 5. Citizenship at the commencement of the Constitution.—At the commencement of this Constitution, every person who has his domicile in the territory of India and— (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. 

Explanation: Article 5 confers citizenship on every person having his domicile in India at the time of the commencement of this constitution if

a. he was born in the territory of India; or

b. either of whose parents was born in the territory of India; or

c. who has been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the constitution.

Article 6. Rights of citizenship of certain persons who have migrated to India from Pakistan.— Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if— (a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July 1948, he has been registered as a citizen of India by an officer appointed on that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. 

Explanation: According to this article, a person who has migrated to the territory of India from the territory of Pakistan shall be deemed to be a citizen of India at the time of the commencement of this Constitution, if

(a) he or either of his parents or any of his grandparents was born in India as

defined in the Government of India Act, 1935 (as originally enacted); and

(b) (I) in the case where such persons has so migrated before 19 July 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the 19th July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him to such an officer. But, no person shall be so registered unless he has been residing in India for at least 6 months immediately preceding the date of his application.

Article 7. Rights of citizenship of certain migrants to Pakistan.—Notwithstanding anything in articles 5 and 6, a person who has after the first day of March 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July 1948. 

Explanation: Article 7 makes special provisions regarding the citizenship rights of persons who migrated to Pakistan after March 1, 1947 but returned to India subsequently.

Article 7 says that a person who after March 1, 1947, migrated from the territory of India to the territory of Pakistan shall not be deemed to be a citizen of India.

Provided that nothing shall apply to a person who after having so migrated to Pakistan has returned to India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall be deemed to have migrated to the territory of India after July 19, 1948.

Article 8. Rights of citizenship of certain persons of Indian origin residing outside India.—Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. 

Article 9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.— No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Explanation: Article 9 It says that a person shall be deprived of the citizenship of India, if he voluntarily acquires the citizenship of a foreign State.

Article 10. Continuance of the rights of citizenship.—Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. 

Article 11. Parliament to regulate the right of citizenship by law.—Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Explanation: Article 11 empowers the Parliament to make a law on the subject of acquisition and termination of Indian Citizenship. Article 8 Rights of citizenship of certain persons of Indian origin residing outside India.

Indian Citizenship Act, 1955

It lays down elaborate provisions for the acquisition and termination of Indian citizenship after the commencement of the Constitution on January 26, 1950.

1. By Birth Every person born in India on or after 26th January, 1950 is a citizen of India by birth.

Exceptions

(i) Children born of foreign diplomatic personnel in India.

(ii) Children of enemy aliens whose

birth occurs in a place then under

occupation of the enemy.

2. By Descent A person born outside

India on or after 26th January 1950 shall be a citizen by descent if either

of his parents is a citizen of India at

the time of the person's birth.

3. By Registration A person

covered by (1) or (2) above may

acquire citizenship by registration

if he satisfies certain conditions. For

example, persons married to citizen of

India, persons of Indian origin.

4 By naturalization A foreigner

becomes a citizen of India when

his application for naturalization is

accepted by the Government of India.

5. By Incorporation of Territory If a new

territory becomes a part of India the

government shall specify the persons

of that territory who shall be citizen of

India.

Termination of Citizenship

The Indian Citizenship Act, 1955

envisages three situations under which

a citizen of India may lose his Indian

nationality.

1. By Renunciation If any citizen of India

who is also a citizen or national of

another country renounces his lndian

citizenship through a declaration in

prescribed manner, he ceases to be an

Indian citizen upon such declaration.

2. By Termination Any citizen of

India who has voluntarily acquired

citizenship by registration, etc. and who voluntarily acquires the citizenship of another country, ceases to be a citizen of India.

3. By Deprivation - A person who is a

citizen of India by naturalization or

by registration etc. may be deprived

of citizenship by an order of the

Government on the grounds such as

fraud or concealment of any material fact, he is disloyal towards the Constitution of India or has assisted the enemy during the war.

Single Citizenship

Our Constitution, though federal,

provides for one citizenship only I.e.

the citizenship of India. The civil and

political rights which are conferred by the

Constitution upon the citizens of India can

be equally claimed by any citizen of India

irrespective of his birth and residence in

any part of India. In federal States like

the USA and Switzerland there is a dual

citizenship, namely, national citizenship

and citizenship of the State where a person is born or permanently resides.

Non-Resident Indian (NRI)

NRI is a citizen of India who holds an

Indian passport and has temporarily

emigrated to another country for six

months or more for employment, residence, education or any other purpose

Persons of Indian Origin (PIO)

PIO is a person of Indian origin or

ancestry, who was or whose ancestors

were born in India or other states,

but have Indian ancestry but is not a

citizen of India and is citizen of another

country,

Persons of Indian Origin Card (PIO Card)

lt is a form of identification issued to PlO

who holds a passport in another county

other than Afghanistan, Bangladesh,

5hutan, China, Nepal, Pakistan and

Sri Lanka.

Overseas Citizenship of India Scheme

Overseas Citizenship of India

(OC) Scheme was introduced by amending the citizenship, 1955 in August 2005.

The scheme was launched during the Pravasiya Bhartiya Diwas convention 2006at Hyderabad.

The scheme provides for registration as Overseas Citizen of India (OCI) of all Persons of Indian Origin (PIOs) who were citizens of India on January,1950 or thereafter or were eligible to become citizens of India on 26th January, 1950 except who is or had been a citizen of Pakistan or Bangladesh or such other country as the central government may by notification in the official gazette specify.

Persons of Indian Origin (PIO) card scheme has been withdrawn by the Government of India and has been merged with Overseas Citizen of India (OCI) Card scheme with effect from January 9, 2015 .

Part-1, (The Union and its territory)

Article 1: Name and territory of the Union- India that is Bharat, shall be a Union of States. The territory of India shall comprise— (a) the territories of the States;  (b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired. for instance, French and Portuguese possessions in India.

Indestructible Union of states:

India is described as a 'union ' although its constitution is federal in structure. the drafting committee preferred the phrase 'union of states' for two reasons:

1. Although India was to be a federation, the federation did not result from an agreement with the states.

2. The states have no right to secede. they cannot separate themselves. The federation is a union because it is indestructible. However, for the convenience of the administration country has been divided into different states. But the country is one integral whole.

Difference between The Union of India and the territory of India:

The union of India includes only the states which enjoy the status of the members of the federal system and share distribution of powers with the union.

The territory of India is a wider expression than the Union of India because it includes the entire territory over which the sovereignty of India for the time being extends. Thus besides states, two other classes of territories are included in the territory of India i.e. 1. the union territories and 2. such territories as may be acquired by India.

Article  2- Admission or establishment of new states: Art. 2 states, '' Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit". Article 2, thus, relates to the admission of new states that are not part of the Union of India.

Article 3- Formation of new states and alteration of areas, boundaries or names of existing States: It states, " Parliament may by law— (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State". 

Explanation: Art. 3 states that the Parliament is authorised to form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state.

Article 3, however, lays down two conditions in this regard-

a. A bill for bringing the above changes can be introduced in either house of the parliament only with the prior  accent or recommendation of the president, and 

b. before recommending the Bill, the president has to refer the same to the state legislature concerned for expressing its views within a specified period.

The procedure of formation of new states:

new states may be formed or the boundaries may be altered by a law passed by Parliament by a simple majority.

    a. The bill requires the recommendation of the president before Introduction.

    b. Before being introduced, the Bill must be referred by the president to the state legislature concerned for giving its views.

    c. The views, must be communicated within the specified period in the reference.

    d. The prescribed time limit can be extended (by the president).

    e. The Bill may be introduced even if no views have been communicated..

    f. Parliament is not bound to accept or act upon views of the state legislature.

    g. If the original bill is intended to be amended, it is not necessary to refer the amendments to the state legislature.

Article 4 - 4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.—(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Explanation- Article 4 states that laws legislated under article 3 and 4, may make supplemental, incidental and consequential provisions for making itself effective and may amend the first and fourth schedules of the constitution, without giving through the special formality of a law for the amendment of the constitution as prescribed by Article 368.

 

Q. Our personalities are predetermined as a result of our genes before we are born and there is nothing that can be done to change our character traits.

To what extent do you agree?

Answer:

The character of an individual is preordained as a consequence of their genetic traits prior to their birth, and it cannot be altered. I completely disagree with the statement because people change themselves with the time and situation. 

Questions on education.

 Questions on education.

1. What do you study?

Sample Answer: 

I study/studied business management as I always dreamt to be a businessman.

Q2. Where do you study that?

Sample Answer:

 

I study/studied in (NAME OF THE INSTITUTE), one of the most popular institutes in India, which is mainly known for management/engineering courses. 

Q3. Why did you choose that subject? 

Sample Answer:

Since my childhood, I have wished to be a business tycoon and that is why I chose this subject.

Q4. Is it a popular subject in your country?

Sample Answer:

Yes, it is a very popular subject as it provides all the skills required for running a business 

and contribute to the growth of the nation.

Q5. Do you like that subject?

Sample Answer

Q6. If you had the chance, would you change the subject?

Sample Answer:

Q7. What are the main aspects of your subject? 

Sample Answer:

Q8. Do you plan to get a job in the same field as your subject? 

Sample Answer:

Q9. Do you enjoy studying alone or with friends?

Sample Answer:

Q10. Who is/was your favourite teacher? 

Sample Answer:

    

                                                            Detailed answer type question:

Q1. Describe a school you went to in your childhood.

Where it was?

What it was like?

What did you learn there?

And explain how you felt about it?

Q2. Describe a teacher who has influenced you in your education.

Where you met him/her

What subject did she/he teach you?

What was special about him/her?

Explain how this person/teacher has influenced you in your education so much.

Q3. Describe a project that you have made in school with your classmates or friends.

What was the project?

What was it about?

What did you have to do?

In how many days it got completed?

                                            

                                        Detailed Discussion Type of Questions:

Q1. What makes a good student?

Q2. Why the role of a teacher is important in the classroom?

Q3. Do you think computers will one day replace teachers in the classroom?

Q4. How has teaching changed in your country in the last few decades?

Q5. What is the difference between the way children learn and the way adults learn?

Q6. How a teacher can make lessons more interesting for children?

Q7. Do you think students should choose the subjects they like?

Sample essay

 Question:  According to some working parents, pre-school-aged children should be admitted to child care centres. On the other hand, some argue that it would be rather good to let them stay with their reliable relatives such as grandparents. Discuss both views and give your opinion.

Some people believe that at the time parents are at work, close relatives provide the best care to their young children while others believe daycare centres can offer a better service. I believe that some relatives take care of youngsters extremely well in comparison to the childcare professionals because only close relatives can provide selfless love and affection to the kids.  This essay will first discuss the merits of family members looking after the very young kids, secondly, an analysis of services provided by the child care centres, followed by a conclusion.

To embark upon, many parents who are working professionals prefer to leave their young ones with grandparents and siblings when they are at work. I think this is a better option. This is so because there is often a trust issue, as the parents feel their child will be safer with someone from within the family nucleus. For instance, most working mothers prefer a member of the immediate family to provide care when they are working.

On the other hand, few think that daycare centres may be a better option but I do not agree with it. The most significant reason behind it is that the country where I am residing now, is India, and the staff working in the childcare centres are not highly trained, they only exaggerate. Even they do not look after the children properly. To exemplify, there have been recent high-profile cases of child abuse within these establishments which makes some parents wary.

To conclude, it is quite obvious that it is a matter of debate that which one could be the better option for the children to stay with but as far as my opinion is concerned, I strongly believe that it is the best option to let the kids stay with their own relatives for their overall development where they can enjoy their freedom and childhood without any restrictions.