The question (10 marks)
"A came to India from Burma in 1938 and lived in Calcutta. In 1945 he went on a pilgrimage abroad; on his return in 1946 he was registered as a foreigner, and his permission to stay was extended several times until, in 1957, an extension was refused. A claims that he was a citizen of India on 26 January 1950 and that the Government must now recognise him as one." Advise A, explaining the constitutional provisions on citizenship at the commencement of the Constitution and the modes of acquisition and loss under the Citizenship Act, 1955.
KSLU-pattern problem on Article 5 domicile, adapted; built on the Unit 1 citizenship chapter, Part II of the Constitution and the Citizenship Act text.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Philosophy, History, Preamble, Salient Features and Citizenship of Constitutional Law – I.
Authorities you will need
- Constitution of India, Articles 5, 9, 10 and 11
- Citizenship Act 1955, sections 3 to 10
- Pradeep Jain v Union of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.