Daily practice questions for CLAT - (16 February 2024)
The population of a state is divided into two categories: citizens and non-citizens. A citizen of a state enjoys all civil and political rights. A non-citizen, on the other hand, doesn’t enjoy all these rights. Under the Indian Constitution, certain fundamental rights are available only to citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex, or place of birth (Article 15); right in matters of public employment (Article 16); freedom of speech and expression, assembly, association, movement, residence and profession (Article 19); cultural and educational rights (Articles 29 and become members of the union and state legislatures. Several offices can also be occupied exclusively by citizens: president (Article 58(1) (a)), vice-president (Article 66(2)), judges of the Supreme Court (Article 124(3)) and high courts (Article 217(2)), go 157), attorney general (Article 76(1)) and advocate general (Article 165). Equality before the law or equal protection of the laws within the territory of India (Article 14) and protection of life or personal liberty (Article 21) apply to non-citizens as well. The Indian Constitution does not prescribe a permanent provision relating to citizenship in India. It simply describes categories of persons who are deemed to be citizens of India on the day they were promulgated on January 26, 1950, and leaves citizenship to be regulated by law made by Parliament. Article 11 of the Constitution confers power on Parliament to make laws regarding citizenship. 1955 was enacted in the exercise of this provision. By the Citizenship Amendment Act, 2003, Section 3 of the Indian Citizenship Act, 1955 was amended to provide that persons born after December 3, 2004, would be deemed to be citizens of India Indian citizens, or one of their parents is a citizen of India and the other is not an illegal migrant, at the time of the person’s birth. Illegal migrant under the Indian Citizenship Act, 1955 means a foreigner who has entered India: without a valid passport or travel documents; or with a valid passport or travel documents but remains the permitted period. If the Central Government believes that an applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace, or human progress Section 6, waive all or any conditions specified to attain Indian citizenship.
- A. No, since prohibiting persons from posting on their social media accounts is not a violation of the freedom of speech and expression.
- B. Yes, since prohibiting persons from posting on their social media accounts is a violation of the freedom of speech and expression.
- C. No, since the fundamental right to freedom of speech and expression is only available to citizens, and foreigners staying in India temporarily are not citizens.
- D. Yes, since all foreigners have the right to post on their social media accounts, the government cannot restrict this right.
- A. No, since she was born in Germany, and not in India.
- B. Yes, since her mother was an Indian citizen, and her father was not an illegal migrant at the time of her birth.
- C. Yes, since her mother was an Indian citizen at the time of her birth, and her father had applied for Indian citizenship.
- D. No, since her father had visited India without a visa on occasion, and had been an illegal migrant in the past.
- A. Yes since it discriminates unfairly based on a person’s place of birth.
- B. No, since the right under Article 15 is only available to citizens.
- C. Yes since the rule discriminates based on religion.
- D. No, since the rule applies to all foreigners, regardless of whether they are Hindu or not.
- A. Since Sheila’s parents were both citizens throughout their life, and were not illegal migrants at any time, she should be given Indian citizenship.
- B. While Sheila may be an English citizen, she is of Indian ethnicity, and so, should be allowed to become a citizen of India.
- C. Since Sheila is keen to acquire Indian citizenship despite being a citizen of a first-world country, the Government should allow her to become an Indian citizen as this will increase India’s international.
- D. Since Sheila has made significant contributions to science, the Government should use its powers under Section 6 when considering her application.
- A. Article 217(2) is amended to provide that only persons born in India may be appointed judges of high courts.
- B. The Indian Citizenship Act, 1955 is amended to provide that after December 31, 2019, a person who is born outside India cannot become a citizen of India.
- C. The Constitution is amended, and all fundamental rights are extended to all persons, regardless of whether they are citizens or not.
- D. Article 124(3) is amended to provide that only persons born in India may be appointed judges of the Supreme Court.
