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Q78 (CDS-II/2009) Polity & Governance › Preamble, Union & Territory, Citizenship › Citizenship provisions Answer Verified

Consider the following statement I. A person who was born on 26th January, 1951 in Rangoon, whose father was a citizen of India by birth at the time of his birth is deemed to be an Indian citizen by descent. II. A person who was born on 1st July, 1988 in Itanagar, whose mother is a citizen of India at the time of his birth but the father was not, is deemed to be a citizen of India by birth. Which of the statements given above is/are correct?

Result
Your answer: —  Â·  Correct: C
Explanation

Statement I is correct because under the Citizenship Act, 1955, a person born outside India on or after January 26, 1950, but before December 10, 1992, is a citizen of India by descent if their father was a citizen of India at the time of birth. Since the person was born in Rangoon in 1951 to an Indian father, they qualify [1]. Statement II is also correct. For persons born in India on or after July 1, 1987, but before December 3, 2004, citizenship by birth is granted if either parent is a citizen of India at the time of birth [1]. Since the person was born in Itanagar in 1988 and the mother was an Indian citizen, the criteria are met regardless of the father's nationality. The Constitution empowered Parliament to enact these specific laws for acquisition after 1950 [2].

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 7: Citizenship > Acquisition of Citizenship > p. 64
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 7: Citizenship > CONSTITUTIONAL PROVISIONS > p. 63
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