KSLU Solved Question Papers
Constitutional Law I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 3
2022 Apr Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2022 Apr Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2022 Apr examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2022 Apr examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2022 Apr examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and one short note/problems is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answers should be written either in English or Kannada completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)Explain the law relating to citizenship.[10]
Answer
For full marks, cover: why citizenship matters (rights reserved to citizens, Khudiram Chakma); Part II article by article (articles 5 to 11); the Citizenship Act 1955: acquisition (a table), loss and overseas citizenship; the special rules for Assam (section 6A, upheld in 2024) and the 2019 amendment (section 6B, rules of 2024); how a person is found to be a foreigner (Sarbananda Sonowal, Md. Rahim Ali); a conclusion.
Why the law of citizenship matters
Citizenship decides who is a full member of the Indian State. Several rights belong only to citizens. They include articles 15, 16, 19, 29 and 30, the right to vote, and the right to hold offices such as President or judge. A foreigner has only the rights given to "any person", such as articles 14, 20 and 21.
State of Arunachal Pradesh v. Khudiram Chakma, AIR 1994 SC 1461. Chakma families who had come from East Pakistan settled in Arunachal Pradesh and claimed citizenship. The Court held they were not citizens under section 6A, because they had not stayed in Assam. It then held that a foreigner's fundamental right "is confined to Article 21". It does not include the right to reside and settle in India under article 19(1)(e). Where they should be settled was a matter of policy for the State.
India has a single citizenship. A person is a citizen of India, not of a State.
Part II of the Constitution: articles 5 to 11
Part II settled who was a citizen on 26 January 1950, and left the rest to Parliament.
- Article 5 covered every person domiciled in India who met one of three tests. He was born in India, or a parent was born in India, or he had ordinarily resided in India for five years before 1950.
- Article 6 covered migrants from Pakistan. Those who came before 19 July 1948 and stayed were citizens. Those who came later had to be registered.
- Article 7 excluded persons who had migrated to Pakistan after 1 March 1947, unless they returned under a permit for resettlement.
- Article 8 let persons of Indian origin living abroad register as citizens at an Indian embassy or consulate.
- Article 9 denied citizenship under articles 5, 6 and 8 to anyone who had voluntarily acquired the citizenship of a foreign State.
- Article 10 continued the citizenship of these persons, subject to any law of Parliament.
- Article 11 gave Parliament power to make "any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship".
The Citizenship Act 1955: acquisition
Parliament used article 11 to make the Citizenship Act 1955. It governs every question after 1950.
| Mode | Section | Main condition |
|---|---|---|
| Birth | 3 | Born in India; for births after 1 July 1987, a parent must be a citizen; after 3 December 2004, both parents, or one if the other is not an illegal migrant |
| Descent | 4 | Born abroad to an Indian citizen parent; birth registered at an Indian consulate |
| Registration | 5 | Listed classes such as persons of Indian origin or spouses of citizens, after residence |
| Naturalisation | 6 | A foreigner who meets the Third Schedule, including long residence and good character |
| Incorporation of territory | 7 | Persons notified when new territory becomes part of India |
An "illegal migrant" is a foreigner who entered without valid documents, or overstayed. Such a person cannot acquire citizenship by registration or naturalisation.
Special rules for Assam: section 6A
Section 6A was added in 1985 to give effect to the Assam Accord. It covers persons of Indian origin who came to Assam from Bangladesh territory.
- Those who came before 1 January 1966 and have lived in Assam since are deemed citizens from that date.
- Those who came between 1 January 1966 and 25 March 1971, and are detected to be foreigners, must register. For ten years they have all a citizen's rights except the vote. After ten years they become citizens for all purposes.
- Those who came on or after 25 March 1971 get no benefit and are treated as illegal migrants.
On 17 October 2024 a Constitution Bench led by Chief Justice Chandrachud upheld section 6A by four to one. The majority held that Parliament had the power to make it. Treating Assam separately was rational, given the scale of migration there. Pardiwala J. dissented.
The 2019 amendment: section 6B
The Citizenship (Amendment) Act 2019 added a proviso to the definition of "illegal migrant". It covers members of the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from Afghanistan, Bangladesh and Pakistan. If they entered India on or before 31 December 2014, they are not illegal migrants. Under section 6B they may get citizenship by registration or naturalisation. For them the residence needed for naturalisation is five years instead of eleven. The section does not apply to the Sixth Schedule tribal areas of Assam, Meghalaya, Mizoram and Tripura, or to the inner line areas. The rules to carry it out were notified on 11 March 2024.
Loss of citizenship and overseas citizenship
Citizenship is lost in three ways.
- Renunciation (section 8): a citizen of full age and capacity declares that he gives it up.
- Termination (section 9): a citizen who voluntarily acquires another country's citizenship ceases to be an Indian citizen.
- Deprivation (section 10): the Central Government may take it away from a citizen by registration or naturalisation. The grounds include fraud and disloyalty, and notice must be given.
Sections 7A to 7D allow a person of Indian origin to register as an Overseas Citizen of India Cardholder. This brings a lifelong visa and some benefits, but it is not citizenship.
Who decides whether a person is a foreigner
Under section 9 of the Foreigners Act 1946, the burden of proving that one is not a foreigner lies on the person concerned.
Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665. The Illegal Migrants (Determination by Tribunals) Act 1983 applied only in Assam. It put the burden on the State and made detection very hard. The Court struck it down. It held that large-scale illegal migration amounted to "external aggression and internal disturbance" under article 355.
Md. Rahim Ali v. State of Assam, 2024 INSC 511. A Foreigners Tribunal declared the appellant a foreigner without any material behind the reference. The Supreme Court declared him an Indian citizen. It held that the authorities must have "some material basis or information" before starting proceedings. These proceedings cannot rest on "hearsay or bald and vague allegation(s)".
Conclusion. The law relating to citizenship has two layers. Articles 5 to 11 decided who was a citizen in 1950 and gave Parliament full power over the rest. The Citizenship Act 1955 now governs acquisition in five ways and loss in three. Section 6A, upheld in 2024, makes special rules for Assam, and section 6B for certain migrants. The courts protect both sides: the nation's control over who belongs, as in Sonowal, and the individual's citizenship against arbitrary proceedings, as in Md. Rahim Ali.
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