Question

The constitution has conferred an unfractured power on the
Parliament to regulate the citizenship matters. Critically analyse.​

Answer 1

Answer:

A right is not what some one gives you, it is what no one can take  from you

   — Ramsey Clark

The only title in a democracy that is superior to the President is the title of citizen, said Louis Brandeis  in 1937. Even though the words of Brandeis were in the democratic context of United States of America, it has resonance in our country, as all important offices like the President of India, Vice-President, Prime Minister, judges of the Supreme Court and High Courts etc. can be held only by a citizen. Therefore, ‘citizen’ is the only “person” who enjoys full civil and political rights guaranteed by the laws of the land.

 

Part II of the Indian Constitution and Indian Citizenship Act, 1955, lay down various provisions relating to citizenship. Articles 5 to 10 of the Indian Constitution and Sections 3 to 10 of the Citizenship Act, 1955, speak of the provisions for acquisition and termination of citizenship. In India, citizenship can be acquired by birth, descent, registration, naturalisation and incorporation of territory. Similarly, citizenship can be terminated by renunciation, acquisition of citizenship in another country and by deprivation. Article 11 of the Constitution grants power to Parliament to regulate citizenship by law. But, none of these provisions, including the power of Parliament to regulate citizenship can be exercised arbitrarily to grant/deny citizenship to any person in India, as Article 14 of the Consti-tution guarantees “equality before law” and “equal protection” of laws to “any person” within India.

Explanation: