Constitutional Framework and Citizenship MCQ Questions and Answers

Statement a is correct: The most widely accepted definition of citizenship is ‘full and equal membership of a political community’. Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation.

Statement b is incorrect: Citizenship indicates the relationship between an individual and a nation state. Normally, the individual is conferred protection by the state, in return for the fulfilment of certain obligations owed by the individual to the state.

Statement c is incorrect: The relation of citizenship has never been fixed or static, but constantly changes within each society. As a bond, citizenship extends beyond basic kinship and is a tool to unite. It usually signifies membership of a political body. Often heterogeneous society form a common national identity. E.g. India, USA.

Statement d is incorrect: Citizenship is equality of status as well as rights.

In India, citizenship can be acquired by birth, descent, registration, naturalisation, or inclusion of territory under the provisions of the Citizenship Act 1955. The rights and obligations of citizens are listed in the Constitution.

Objectives resolution encapsulated the aspirations and values behind the constitution. It declared India to be sovereign, independent, republic. It declared that territories forming the Union shall be autonomous units, and exercise all powers and functions of the government and administration except those assigned to or vested in union. Thus it provides residuary powers to the territories. It declared that minorities, backwards and tribal areas,depressed and backward classes shall be provided adequate safeguards.

The Objectives Resolution was unanimously adopted by the constituent assembly on January 22, 1947.

Knowledge Base: It provided freedom of thought, expression, belief, faith, worship, Vocation, Association & action subject to law and public morality. It also included social economic and political justice, equality of status and opportunity and equality before law.

Statement 1 is correct. The Constituent Assembly appointed a number of committees to carry out the tasks of constitution making. Out of these, some were major committees like drafting committee, and others were minor committees.

Statement 2 is correct. It ratified the India’s membership of the Commonwealth in May 1949.

Statement 3 is incorrect. It was not the first Parliament of India based on universal adult franchise. Such a Parliament was formed after the first general elections in 1951-52. Th e Constituent Assembly acted as a legislative body. In other words, two separate functions were assigned to the Assembly, that is, making of the Constitution for free India and enacting of ordinary laws for the country. These two tasks were to be performed on separate days. Thus, the Assembly became the first Parliament of free India (Dominion Legislature).

Statement 4 is correct. It adopted the national song and national anthem on January, 24 1950.

Statement 1 is correct. The rationale behind the inclusion of emergency provisions in the Indian constitution was to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution itself.

Statement 2 is correct. It allows the Centre to assume wide powers so as to handle special situations. In emergency, the Centre can take full legislative and executive control of any state. Emergency provision also allows the Centre to curtail or suspend freedom of the citizens if need be.

Statement 3 is incorrect. The provisions were not included in the Constitution to prevent maladministration or corruption in the country but to prevent the breakdown of constitutional machinery. In fact, corruption is not even one of the criteria to impose emergency in the country.

Statement 4 is incorrect. It was not included to sort out intra-party problems of the ruling party. It was included to prevent internal subversion when the government is deliberately acting against the constitution.

Constitution of India is one of the lengthiest of all the written Constitutions of the world. It is a very comprehensive, elaborate and detailed document.

Statement 1 is correct. The Government of India Act of 1935 itself was a lengthy and detailed organic law. Many provisions in the Constitution of India were borrowed from that Act, because the people were familiar with the existing system.

Statement 2 is correct. While the Constitution of many federal countries like the United States deals only with the Federal Government and leaves the States to draw up their own Constitution. The Indian Constitution provides the Constitutions of both the Union and the Units (i.e., the States), with the same fullness and precision.

Statement 3 is correct. Constitution of India contains detailed provisions regarding the distribution of powers and functions between the Union and the States in all aspects of their administrative and other activities. Further provisions regarding inter-State relations, coordination and adjudication of disputes amongst the States are also there. The Constitution contains not only the fundamental principles of governance, but also detailed administrative provisions.

Statement 4 is incorrect. Representation of the People Act (RPA),1951 deals with the registration of political parties, while Representation of the People Act (RPA), 1950 deals with preparation of electoral rolls. Both acts enacted by parliament are statutory laws and are not the part of constitution.

Statement 1 is correct. Under Indian council act of 1909, separate electorates for the Muslims were introduced, where representation in excess of their population strength was accorded to the Muslims. At the same time, the income qualification for Muslim voters was kept lower than that for Hindus.

Statement 2 is incorrect. Under Indian council act of 1909, the system of election was introduced however it was very indirect. Thus, the representation of the people at large remained remote and unreal. In the act of 1919 direct election was introduced in Indian Legislative Council though the franchise system.

Statement 1 is incorrect. The term Sovereign was already written in the preamble which stated India as an independent state. India is neither a dependency nor dominion of any nation.

Statement 2 is correct. The term Socialist was added by 42nd amendment act 1976, in the Constitution of India. India is a democratic socialism which means both private and public sector co-exists together.

Statement 3 is incorrect. The preamble in its initial form already declares Fraternity in two fold forms one is the dignity of the individual and the unity and integrity of the nation. It is described as sense of brotherhood. Th e Constitution promotes this feeling of fraternity by the system of single citizenship.

Statement 4 is correct. The term ‘secular’ too was added by the 42nd Constitutional Amendment Act of 1976 The Indian Constitution embodies the positive concept of secularism i.e. all religions in our country irrespective of their strength have the same status and support from the state.

Statement 5 is correct. The phrase integrity was added by 42nd amendment act 1946. The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions of national integration. Article 1 of the Constitution describes India as a ‘Union of States’ to make it clear that the states have no right to secede from the Union, implying the indestructible nature of the Indian Union. It aims at overcoming hindrances to national integration like communalism, reg

The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state. There is no authority above it, and it is free to conduct its own affairs (both internal and external). Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favour of a foreign state. Though in 1949, India declared the continuation of her full membership of the Commonwealth of Nations and accepted the British Crown as the head of the Commonwealth, this extraconstitutional declaration does not affect India’s sovereignty in any manner. Further, India’s membership of the United Nations Organisation (UNO) also in no way constitutes a limitation on her sovereignty.

Statement 1 is incorrect. Even though the Indian Parliamentary System is largely based on the British pattern, there are some fundamental differences between the two. The Indian Parliament is not a sovereign body like the British Parliament.

Statement 2 is correct. The Indian State has an elected head that is why it is called as republic while the British State has hereditary head what we call as monarchy.

Statement 3 is correct. India is a republic which means political sovereignty lies with the people and not in a single individual like a king. It also means the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

Statement a is correct. Though the Indian Constitution is federal, it provides for only a single citizenship. There is no separate state citizenship.

Statement b is correct. According to Article 11, Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Statement c is correct. The constitutional provisions only identify the persons who became citizens of India at its commencement i.e., on January 26, 1950.

Statement d is incorrect. It does not deal with the problem of acquisition or loss of citizenship following to its commencement.

Knowledge Base: Following 4 categories of persons became citizens of India at time of commencement

A person who had his domicile in India and if he was born in India or if either of his parents was born in India or if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution, became a citizen of India

A person who migrated to India from Pakistan became an Indian citizen if he or either of his parents or any of his grandparents was born in undivided India and if in case he migrated to India before July 19, 1948; he had been ordinarily resident in India since the date of his migration; or in case he migrated to India on or after July 19, 1948, he had been registered as a citizen of India.

A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement could become an Indian citizen. For which he had to be resident in India for six months preceding the date of his application for registration.

A person who or any of whose parents or grandparents, was born in undivided India but who is ordinarily residing outside India shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence, whether before or aft er the commencement of the Constitution.

Statement a is incorrect and Statement c is correct. Citizenship is a bond/relationship between an individual and a country to which the individual owes allegiance and is entitled to protection in return. Citizenship implies a state of liberty with associated responsibilities. Certain rights, obligations, and responsibilities are granted to all citizens but are denied or only partially provided to non-citizens residing in that country. It is also about citizen-citizen relations and involves certain obligations of citizens to each other and to the society. Equality of rights and status is one of the basic rights of citizenship. It is not merely the freedom to purchase property within a country. Also, non-citizen too can purchase property upon fulfilling certain conditions.

Statement b is incorrect. Birthright citizenship is the legal right for children born in a country to be citizens of that country. Birthright citizenship is a constitutional mandate in many countries, but nations do not require that this notion be recognized as law. Despite the number of countries that do not enforce birthright citizenship, many countries recognize birthright citizenship for anyone and everyone who is born within the country’s borders. Some countries offer birthright citizenship on a conditional basis.

Statement d is incorrect. Citizenship is not the mere entitlement of residence in a country. Citizenship refers to full and equal membership of nation state but also certain obligation and rights to citizens. Citizens expect certain rights from their state as well as help and protection wherever they may travel.

The word ‘any person’ in the Constitution denoted that this right is conferred to all persons whether citizens or foreigners.

The word ‘citizen’ is used to specify the rights available only to the citizens.

Statement 1, 3 and 5 is correct. Fundamental Rights available to only citizens and not foreigners:

1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).

2. Equality of opportunity in matters of public employment (Article 16).

3. Six basic freedoms subject to reasonable restrictions (Article 19).

Protection of language, script and culture of minorities (Article 29).

Right of minorities to establish and administer educational institutions (Article 30).

Statement 2,4 and 6 is incorrect. Fundamental Rights available to both Citizens and Non-Citizens:

1. Equality before law and equal protection of laws (Article 14).

2. Protection in respect of conviction for offences (Article 20).

3. Protection of life and personal liberty (Article 21).

4. Right to elementary education (Article 21A).

5. Protection against arrest and detention in certain cases (Article 22).

6. Prohibition of traffic in human beings and forced labour (Article 23).

7. Prohibition of employment of children in factories etc. (Article 24).

8. Freedom of conscience and free profession, practice and propagation of religion (Article 25).

9. Freedom to manage religious affairs (Article 26).

10. Freedom from payment of taxes for promotion of any religion (Article 27).

11. Freedom from attending religious instruction or worship in certain educational institutions (Article 28).

Statement 1 is incorrect. The termination of citizenship on acquiring the the citizenship by fraud is not listed in the original constitution. It is included in the citizenship act 1955. According to which if a citizen has obtained the citizenship by fraud his citizenship will be compulsory terminated by the Central government.

Statement 2 is incorrect. Any provision with respect to the acquisition and termination of citizenship will be decided by Parliament not by President.

Statement 3 is correct. Article 8 provides that any person who or either of whose parents or grandparents was born in an undivided India but who is ordinarily residing in any country outside India, shall be deemed to be a citizen of India if he has been registered as an Indian Citizen by the diplomatic or consular representative of India in that country whether before or aft er the commencement of the Constitution.

Statement 1 is incorrect. The Central Government may, on an application, grant a certificate of naturalization to any person (not being an illegal migrant) if he possesses certain qualifications.

Statement 2 is correct. According to Section 6, a person of full age and capacity who is a citizen of a noncommonwealth country can become an Indian citizen by Naturalization provided he/she renounces citizenship of any other country.

Statement 3 is incorrect. A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years that is throughout 12 months preceding the date of application and 11 years in the aggregate and fulfi ls all qualifications in the third schedule of the Citizenship Act.