theoryofabrogation

art 5 to 11

 

Category Description Illustration Case Law
Citizens Enjoy all civil and political rights. – Articles 15, 16, 19, 29, and 30 are only for Indian citizens.<br>- Right to vote in elections to the Lok Sabha & state legislative assembly.<br>- Right to contest for membership of Parliament & state legislature.<br>- Can hold public offices such as President, Vice President, judges of SC & HCs, governor of states, attorney general of India & advocate general of states.<br>- Article 51A imposes 11 fundamental duties only on citizens. –
Aliens Do not enjoy all civil and political rights. – Friendly aliens: Subjects of countries with cordial relations with India.<br>- Enemy aliens: Subjects of countries at war with India. –
Natural Persons Living human beings. Examples: Men, women, and children. –
Legal Persons Entities deemed to exist in the eye of law. Examples: Corporations, companies, institutions, universities, banks, railways, colleges, temples, hospitals, clubs, idols, etc. –
Article 5 Persons domiciled in India. – Born in India.<br>- Either parent born in India.<br>- Resident in India for five years before the commencement of the Constitution. Pardeep Jain v. Union of India, 1984: Recognizes only one domicile, viz. domicile of India.
Article 6 Persons migrated from Pakistan. – –
Article 7 Persons migrated to Pakistan but later returned. – –
Article 8 Persons of Indian origin residing outside India (overseas Indians). – –
Article 9 No person shall be a citizen of India if they have voluntarily acquired the citizenship of any foreign state. – –
Article 10 Continuation of citizenship. – –
Article 11 Parliament’s power to regulate citizenship. – –

Acquisition of Citizenship (Citizenship Act, 1955):

  1. Birth
  2. Descent
  3. Registration
  4. Naturalisation
  5. Incorporation of territory

Loss of Citizenship (Citizenship Act, 1955):

  1. Renunciation
  2. Termination
  3. Deprivation

Uncategorized

Leave a Reply

Your email address will not be published. Required fields are marked *