Question
Download Solution PDFWhich authority decides citizenship for people in newly added territories?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Union Government.
Key Points
- The Union Government is responsible for deciding citizenship in newly added territories to India as per the provisions of the Constitution and relevant laws.
- Article 11 of the Indian Constitution empowers Parliament to regulate the right of citizenship by law.
- The Citizenship Act of 1955, enacted by the Union Government, lays out the legal framework for acquiring, renouncing, and determining citizenship in India.
- In cases where new territories are added to India, the Union Government decides citizenship based on the provisions outlined in the Citizenship Act.
- International agreements or treaties governing territorial addition may also influence citizenship decisions, which are implemented by the Union Government.
Additional Information
- Article 5-11 of the Indian Constitution:
- These articles govern citizenship provisions in India.
- Article 11 explicitly empowers Parliament to make laws regulating citizenship.
- The Citizenship Act, 1955:
- It is the primary law governing citizenship in India.
- It includes provisions for citizenship by birth, descent, registration, naturalization, and incorporation of territory.
- Incorporation of Territory:
- When a new territory is added to India, its residents may be granted Indian citizenship based on legal provisions.
- The Union Government decides the criteria and implementation process for granting citizenship.
- International Treaties and Agreements:
- Territorial additions often occur due to international agreements or treaties.
- The Union Government ensures compliance with these agreements while determining citizenship for affected residents.
- Judicial Oversight:
- In case of disputes or challenges, the Supreme Court of India may interpret constitutional provisions related to citizenship.
- However, the primary authority remains with the Union Government.
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