Court : Delhi
Reported in : 137(2007)DLT195
..... unbridled and parliament could legislate on all such matters. as a matter of fact, after a careful reading of the words occurring in article 11 of the constitution of india 'all other matters relating to citizenship' power was given to the parliament and if parliament in its wisdom wanted foreign born person not to hold an executive or a public office i.e ..... historical setting of the country and, thereforee, one has to fall back for its content and effect on article 5 of the constitution of india. article 11 of the constitution is to the following effect:parliament to regulate the right of citizenship by law - nothing in the foregoing provisions of this part shall derogate from the power of parliament to make any provision with ..... and aliens. on the basis of entry 17 in list i of seventh schedule pursuant to power given under article 246 of the constitution of india, the parliament had exclusive power to make laws on citizenship, and, thereforee, the argument of the petitioner that the power of the parliament to make laws could only be subject to the provision of article 5 of ..... being ignorant and illiterate no effective debate on the subject took place. it was thus contended that subsequent article 11 of the constitution cannot delegate the power of making citizenship de hors the control imposed in article 5 of the constitution of india. 8. the debate at page 987 of book no. 5 vol. no. x-xii index to constituent assembly debate was also .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1960AP106
..... relevant provisions of the constitution of india and the citizenship act of 1955. articles 3 - 11 deal with the criteria for the ascertainment ..... five years immediately preceding such commencement shall be a citizen of india.article 6 deals with the rights of citizenship at the commencement of the constitution of certain persons who have migrated to india from pakistan. while article 7 lays down the test for ascertaining the rights of citizenship of certain migrants to pakistan after the 1st day of march, ..... of citizenship at the commencement of the constitution. article 5 provides that at the commencement of the constitution, every person who has his ..... which amounted to a renunciation or termination of their citizenship of india, nor did they acquire the citizenship of any other country. 4. the main question in these writ petitions is whether the petitioners are citizens of india entitled to exercise the fundamental rights under article 19 of the constitution of india. the answer to this question would depend upon the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1974SC645; 1974CriLJ597; (1974)0GLR334; (1974)1SCC283; 2SCR572
..... of the constitution. but the 'migration' as contemplated by article 7 was held, in kulathil ..... period between 1st march, 1947, and the commencement of the constitution. it has to be remembered that article 7 of the constitution was held, in kulathil mammu's case (supra), to contain an exception to the operation of article 5 of the constitution for conferring citizenship of india on persons who at the commencement of the constitution, had satisfied the test of indian domicile.5. the ..... general principle laid down by article 5 was that citizenship followed domicile at the commencement .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073
..... india and -(a) who was born in the territory of india; or (b) either of whose parents was born in the ..... parliament. but on the question as to who is a citizen of india on the date of the constitution, the constitution is the sole law. the citizenship act refers to citizenship after the commencement of the constitution and on the question as to who is a citizen of india on the date of the constitution, we have to read for purposes of this appeal articles 5, 7 ..... derogate from the power of parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship'.article 10 of the constitution provides that every person who is deemed to be a citizen of india under the constitution shall continue to be such citizen, subject to the provisions of any law that may be made ..... , therefore, on the respondent to prove that he was a citizen of india on 13-10-1957. at this stage, it is necessary to turn to the relevant provisions m the constitution of india and the citizenship act referring to citizenship. article 3 of the constitution of india provides that -'at the commencement of this constitution, every person who has his domicile in the territory of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1993Guj150; (1993)1GLR602
..... arbitrary, unreasonable or capricious. mr. dave further submitted that the third respondent has rightly observed in the impugned order that the concept of dual citizenship has not been accepted either under the constitution of india or under the citizenship act. mr. dave made a statement under the instructions of the third respondent that if the petitioner will produce necessary certificate in accordance with ..... submitted that if the interpretation of rule 1.4 put forward by the respondent authorities is accepted, the rule would be ultra vires the citizenship act, 1955 as also articles 14 and 21 of the constitution of india being arbitrary and unreasonable. mr. desai also submitted that the impugned action requires to be set aside on the ground that the authorities have ..... to make for the purpose of granting or refusing admission to the applicant, mr. desai submitted that looking to the provisions of the constitution as well as the citizenship act, the petitioner can be said to be a citizen of india and, therefore, is entitled to get admission on that basis. mr. desai, therefore, prayed that the petition requires to be ..... 9 of the act. (xi) the direction of the authority that the petitioner should make application for certificate of acquisition of citizenship is illegal, unreasonable dehors the act and rules and violative of articles 14 and 21 of the constitution of india. 23. a similar question arose before the supreme court in shah mohammad's case 0065/1969 : 3scr1006 (supra). .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(3)ALD407; 1999(3)ALT351
..... hyderabad, filed an affidavit in support of the relief sought for. he pleads that the scheme of constitution of india does not envisage conferment of citizenship on any foreigner and part ii of the constitution of india dealing with citizenship employs the meaning that it never intended to grant citizenship to foreigner and that indeed, the paramount intention is to guard this country from alien invasion or ..... legislative policy is within the exclusive domain of the parliament both by virtue of article 11 as also hem 17 of list i of schedule vii of the constitution of india, we hold that the provisions of the citizenship act, 1955 are unassailable. the court is not answerable to the query of (he learned counsel for the petitioner as to why indian ..... contesting any election or to hold any post including that of prime minister of india. his submission is that article 11 of the constitution cannot be stretched to grant a citizenship to any foreigner on marriage to an indian with ail rights, but such marriage can only enable the said person to stay ..... pleas, mr. v. hanumantha rao, the learned counsel appearing for the petitioner, submits that the above provisions of the citizenship act are ultra vires the constitution of india and that they should be struck down. alternatively, he pleads that even if citizenship has been granted to the 8(h respondent, it ought to have been hedged with conditions including that of prohibition of .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : AIR2003J& K83,2003(1)JKJ35
..... high court opined that the position that emerges as a result of the combined reading of the provisions of articles 5 & 6 of the constitution of india, of the citizenship act and of section 6 of the state constitution is that the juristic or artificial persons like companies and corporations have not been included within the ambit of the term 'permanent resident'.38. state ..... of the power vested in him under clause (i) of article 370 of the constitution of india, made certain previsions of the constitution of india applicable to the state of j & k under the constitution (application to jammu and kashmir) order, 1954. as noticed earlier, part-11 of the constitution, relating to citizenship, was also made applicable and it is provided that this part shall be deemed ..... was agreed between the two government that the right of the 'permanent residents' of the state would be protected but at the same time citizenship of india should not be denied to them. the constitution application order of 1954 applied part ii of the constitution to the state but with modifications' and with new article, under article 35-a under article 370, president of ..... unless, it be shown that he has permanently migrated to pakistan.26. as articles 10 and 11 of the constitution of india have been extended to the state of j & k, the citizenship act, 1955 extends to the state.27 section 7 of the state constitution provides that all references in any existing law to 'hereditary state subject' or to the 'state subject of .....Tag this Judgment!
Court : Mumbai Goa
..... being registered. it is, thus, submitted that on and from 21/07/2010, the petitioner has ceased to be an indian citizen as article 5 of the constitution of india does not envisage a dual citizenship. 21. it is submitted that although in para 2 of the reply filed by the petitioner before the competent authority, the petitioner has reserved a right to ..... following reliefs : a) it be declared that the respondent is a portuguese national; b) it be declared that the respondent has voluntarily given up the citizenship of india in terms of article 9 of the constitution of india; c) the name of the respondent be ordered to be deleted from the electoral rolls and from all other records wherein he has been entered as ..... of india and who was born in the territory of india or either of whose parents was born in the territory of india or who has been ordinarily resident in the territory of ..... in this behalf to the effect that he chooses to retain the erstwhile citizenship or nationality i.e. before 20/12/1961. it is nobody's case that the petitioner has given any such declaration. 29. article 5 of the constitution of india provides for citizenship at the commencement of the constitution. according to this article, every person, who has his domicile in the territory .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2006(13)SCALE33; (2007)1SCC174
..... of mind would be necessary on the part of the authorities of the central government.even in terms of the 1964 order, keeping in view the provisions of the constitution of india, the citizenship act and the 1946 act as interpreted by this court in sonowal i, it was the solemn duty of the central government to make a reference. a discretionary jurisdiction ..... proceeded as he would be possessing the necessary documents to show that he is a citizen not only within the meaning of the provisions of the constitution of india but also within the provisions of the citizenship act.it was stated:26. there is good and sound reason for placing the burden of proof upon the person concerned who asserts to be a ..... , however, be any doubt whatsoever that adequate care should be taken to see that no genuine citizen of india is thrown out of the country. a person who claims himself to be a citizen of india in terms of the constitution of india or the citizenship act is entitled to all safeguards both substantive and procedural provided for therein to show that he is a ..... yet to enter the indian territory.15. articles 5, 6 and 11 of the constitution of india read as under:5. citizenship at the commencement of the constitution.-at the commencement of this constitution every person who has his domicile in the territory of india and:(a) who was born in the territory of india; or(b) either of whose parents was born in the territory of .....Tag this Judgment!
Court : Kolkata
Reported in : 2009CriLJ1335
..... and a criminal case under section 14 of the foreigners act was started against her. it is contended on the basis of articles 7 and 9 of the constitution of india that her citizenship cannot automatically come to an end in the facts and circumstances of the case.after giving my careful consideration to the submissions of both the side and having regard ..... of the citizenship act the question of the acquisition of pakistan nationality by the respondent. this court in govt. of ..... , and he is not being tried for having entered india in violation of any law. indeed his visa was admittedly extended by the appropriate authority up to may 22, 1965. as he was clearly a citizen of india at the commencement of the constitution and the question arose whether he had lost indian citizenship thereafter, the central government had to determine under section 9 .....Tag this Judgment!