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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: Arjen is a distinguished writer residing in Hague, who has received accolades for his literary works. Both of X’s parents are of Dutch origin. Through all his works, he has significantly used India as a backdrop since he is in life with the nation. He now wishes to obtain citizenship in India and reside permanently in the territory of India. Which provision of the Citizenship Act, 1955 would help him?

 

Option: 1

Section 5 - Citizenship by registration


Option: 2

Section 6 -  Citizenship by naturalization


Option: 3

Section 7A - Registration of overseas citizens of India

 


Option: 4

There is no way to obtain citizenship for Arjen

 


Answers (1)

best_answer

We can see that Arjen is not residing in India, nor are his parents of Indian origin. So, for him, his literary achievements are the best way to obtain the citizenship of India. Section 6 of the Citizenship Act, 1955 reads that “if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the condi­tions specified in the Third Schedule”, hence this provision is the best option for Arjen to receive the citizenship of India.

 

Posted by

Ritika Harsh

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