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

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