Difficulty: Easy
Correct Answer: The Parliament of India
Explanation:
Introduction / Context:
Citizenship is a fundamental legal link between an individual and a state. In India, the Constitution lays down broad principles regarding citizenship at the commencement of the Constitution and also specifies who has the authority to frame detailed laws on the subject. This question tests whether the learner knows which organ of the state has the power to regulate citizenship in terms of acquisition, termination and other related matters.
Given Data / Assumptions:
Concept / Approach:
Article 11 of the Constitution of India states that Parliament shall have the power to make any provision with respect to acquisition and termination of citizenship and all other matters relating to citizenship. This means that while the Constitution sets initial rules, it explicitly authorises Parliament to legislate further in this area. The Union Cabinet, Supreme Court and Law Commission play important roles in governance, adjudication and legal reform, but they do not hold primary legislative power over citizenship. Therefore, the option naming Parliament is correct.
Step-by-Step Solution:
Step 1: Identify that the question is about who can regulate citizenship, including acquisition and termination.
Step 2: Recall that Articles 5 to 11 deal with citizenship in the Constitution of India.
Step 3: Focus on Article 11, which expressly gives Parliament power to make laws regarding citizenship.
Step 4: Evaluate the role of the Union Cabinet, which is part of the executive and cannot by itself legislate on citizenship matters.
Step 5: Consider the Supreme Court, which interprets laws, including the Citizenship Act, but does not create them.
Step 6: Recognise that the Law Commission can recommend changes but has no binding authority to regulate citizenship.
Step 7: Conclude that only Parliament, acting through legislation, has the constitutional power to regulate citizenship law.
Verification / Alternative check:
Verification can be done by reading the bare text of Article 11, which clearly states that Parliament has the power to make laws concerning citizenship. Additionally, all major changes to citizenship rules, such as those contained in various amendments to the Citizenship Act, have been passed by Parliament as statutes. Supreme Court judgments apply and interpret these laws, but they always reference legislation enacted by Parliament. This pattern of practice supports the conclusion that the correct option is Parliament of India.
Why Other Options Are Wrong:
The Union Cabinet: Exercises executive power and can introduce bills but cannot itself regulate citizenship without Parliamentary legislation.
The Supreme Court of India: Interprets laws and can review their constitutionality yet does not hold legislative power to set citizenship rules.
The Law Commission of India: An advisory body that proposes legal reforms; its recommendations do not have binding force until Parliament enacts them into law.
Common Pitfalls:
Learners sometimes confuse the power to interpret or implement laws with the power to create them. Because citizenship issues often reach the Supreme Court, some candidates may mistakenly attribute regulatory authority to the judiciary. Others may overestimate the role of the Cabinet or the Law Commission. To avoid these errors, it is important to remember that under the Constitution of India, citizenship is ultimately regulated by statutes passed by Parliament under authority granted by Article 11.
Final Answer:
The body that has the power to regulate the law relating to citizenship in India is the Parliament of India.
Discussion & Comments