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B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2026 Jan Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Constitutional Law I

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 3

2026 Jan Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2026 Jan examination.

The Paper as Set

The questions in this volume are the questions asked at the 2026 Jan 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 short note/problem is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written either in English or Kannada completely.

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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.

Read the original question paper

Q1

Unit I

(a)Discuss the various modes of acquisition and termination of citizenship under Indian Constitution.[10]

Answer

For full marks, cover: meaning of citizenship and why it matters; Part II (articles 5 to 11) and its limited role; the five modes of acquisition under the Citizenship Act 1955 (sections 3 to 7) with the dates for birth; the special routes in sections 6A and 6B; the three modes of loss (sections 8, 9 and 10); decided cases; a conclusion.

Meaning of citizenship

Citizenship is the full legal membership of a State. A citizen owes allegiance to the State, and the State owes him the full set of civil and political rights. A person who is not a citizen is an alien, or foreigner.

The difference matters under our Constitution. Some fundamental rights belong only to citizens. These are articles 15, 16, 19, 29 and 30. Only a citizen can vote, contest elections, or hold offices such as President, Vice-President or judge of the Supreme Court.

A foreigner still has the rights given to "any person", such as articles 14, 20, 21 and 25. In Louis De Raedt v. Union of India, (1991) 3 SCC 554, foreign missionaries had lived in India for many years on residential permits and were told to leave. The Supreme Court 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), which belongs to citizens alone. So the Government's power to expel a foreigner was upheld.

The constitutional framework: articles 5 to 11

India has a single citizenship. There is no separate citizenship of a State, as in the United States.

Part II of the Constitution, articles 5 to 11, does not create a full code. It only settled who was a citizen on 26 January 1950. Article 5 covered persons domiciled in India. Articles 6 and 7 dealt with migrants to and from Pakistan. Article 8 covered persons of Indian origin living abroad. Article 9 said that a person who voluntarily acquired a foreign citizenship was not a citizen.

Article 11 gave Parliament the power to make any law on acquisition and termination of citizenship. Parliament used that power to pass the Citizenship Act 1955. Every question about acquiring or losing citizenship after 1950 is answered by this Act.

Modes of acquisition under the Citizenship Act 1955

The Act provides five modes of acquisition.

By birth, section 3. The rule depends on the date of birth in India. A person born between 26 January 1950 and 30 June 1987 is a citizen by birth alone. For a birth between 1 July 1987 and 2 December 2004, either parent must have been a citizen at the time of birth. For a birth on or after 3 December 2004, both parents must be citizens. Or one parent must be a citizen and the other must not be an illegal migrant. Children of foreign diplomats and of enemy aliens in occupied territory are excluded.
By descent, section 4. A person born outside India is a citizen if a parent was an Indian citizen at the time of birth. Before 10 December 1992 only the father counted. Now either parent does. The birth must be registered at an Indian consulate, normally within one year.

By registration, section 5. The Central Government may register a person who is not an illegal migrant and falls in a listed class. Examples are a person of Indian origin resident in India for seven years, and a person married to a citizen and resident for seven years. Minor children of citizens are another class.
By naturalisation, section 6. A foreigner of full age may get a certificate of naturalisation if he meets the Third Schedule. He must have lived in India for twelve months before applying, and for eleven of the fourteen years before that. He must also be of good character, know an Eighth Schedule language, and renounce his other citizenship.
By incorporation of territory, section 7. When a territory becomes part of India, the Central Government notifies who becomes a citizen. This was used for Pondicherry, Goa and Sikkim.

Special routes. Section 6A was added in 1985 to give effect to the Assam Accord. It deals with persons of Indian origin who came to Assam before 25 March 1971. Section 6B was added by the Citizenship (Amendment) Act 2019. It allows registration or naturalisation for certain persons from Afghanistan, Bangladesh and Pakistan. They must have entered India on or before 31 December 2014.

An illegal migrant cannot usually use these routes. In Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665, the Supreme Court struck down the Illegal Migrants (Determination by Tribunals) Act 1983, which applied to Assam alone. It held that large-scale illegal migration was "external aggression and internal disturbance" under article 355, and that the old Act made detection of foreigners almost impossible.

Modes of termination

The Act provides three modes of losing citizenship.

Renunciation, section 8. A citizen of full age and capacity may make a declaration giving up Indian citizenship. Before 3 December 2004 this was open only to a citizen who was also a national of another country. He ceases to be a citizen when it is registered. His minor children also lose citizenship, but each may resume it within one year of becoming an adult.

Termination, section 9. A citizen who voluntarily acquires the citizenship of another country ceases to be an Indian citizen at once. No order or hearing is needed. This is how the Act refuses dual citizenship. Whether and when a person acquired the foreign citizenship is decided by the prescribed authority under section 9(2).
Deprivation, section 10. The Central Government may by order take away citizenship, but only from a citizen by registration, by naturalisation or under article 5(c). The grounds include fraud in obtaining it, disloyalty to the Constitution and trading with an enemy in war. A sentence of two years' imprisonment within five years is a ground. So is seven years' continuous residence abroad. The person gets notice, and may ask for an inquiry by a committee headed by a person with judicial experience.

A citizen by birth or descent can never be deprived under section 10.

Overseas citizenship is not citizenship

A person who loses Indian citizenship may register as an Overseas Citizen of India Cardholder under section 7A. This gives a lifelong visa and some benefits. It is not citizenship, and it gives no right to vote or to hold public office.

Conclusion. Part II settled citizenship only on the day the Constitution began. Since then the Citizenship Act 1955 governs. It allows acquisition in five ways: birth, descent, registration, naturalisation and incorporation of territory, with special routes in sections 6A and 6B. Citizenship is lost in three ways: renunciation, termination and deprivation. The trend since 1987 has moved from citizenship by birth on Indian soil towards citizenship through Indian parents, mainly to control illegal migration.

B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2026 Jan Question Paper with Solutions

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