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The Constitution makers were aware of the history of the country and they were also conscious that the divisive forces of regionalism, linguism, and communalism might one day raise their ugly head and threaten the unity and integrity of the nation, particularly in the context of the partition of India and the ever-present danger of the imperialist forces adopting new stratagems, apparently innocuous, but calculated to destabilize India and re-establish their hegemony and, therefore, they laid great emphasis on the unity and integrity of the nation in the very Preamble of the Constitution. Article 1 of the Constitution then proceeds to declare that India shall be a Union of States but emphasizes that though a Union of States, it is still one nation with one citizenship. Part II dealing with citizenship recognizes only Indian citizenship: it does not recognize the citizenship of any State forming part of the Union. Then follow Articles 14 and 15 which are intended to strike against discrimination and arbitrariness in state action, whether legislative or administrative. Article 19 (1) again recognizes the essential unity and integrity of the nation and reinforces the concept of one nation by providing in clauses (d) and (e) that every citizen shall have the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India. Article 301 declares that subject to the other provisions of Part XIII, trade, commerce, and intercourse throughout the territory of India shall be free. Then there are situations envisaged in certain Articles of the Constitution such as Articles 353 and 356 where the executive power of a State forming part of the Union is exercisable by the Central Government or subject to the directions of the Central Government. Thus, the entire country is taken as one nation with one citizenship and every effort of the Constitution makers is directed towards emphasizing, maintaining, and preserving the unity and integrity of the nation.

Question: X came to India in the year 1946 from Sri Lanka residing in a permanent address of India. Decide his status of citizenship at the commencement of the Constitution of India.

 

Option: 1

X is a citizen of India as he has his permanent address here

 


Option: 2

X is a citizen of India as he is residing in India

 


Option: 3

X cannot claim citizenship of India

 


Option: 4

Both a) and b) are true


Answers (1)

best_answer

The date of commencement of the Constitution of India is 26th January 1950. Hence X cannot claim the citizenship of India as he has been a resident for less than 5 years. According to Article 5 of the Constitution, a person needs to have a permanent address along with being a resident in the territory of India for not less than five years immediately preceding such commencement.

 

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