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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: us supreme court Page 1 of about 2,144 results (0.061 seconds)

Jun 07 1948 (FN)

Takahashi Vs. Fish and Game Comm'n

Court : US Supreme Court

..... i think they can, may be excluded by a state from fishing privileges, i see no reason why the classification established by california excluding only aliens ineligible to citizenship is prohibited by the constitution. terrace v. thompson, 263 u. s. 197 , 263 u. s. 220 . whatever we may think of the wisdom of california's statute, we should intervene only when we ..... , 332 u. s. 635 , n. 3, and that, according to the 1940 census, japanese aliens constituted the great majority of aliens living in the united states then ineligible for citizenship. see concurring opinion of mr. justice murphy in oyama v. california, supra, 332 u.s. at 332 u. s. 650 , 332 u. s. 665 ..... . 416. while it is not wholly clear what racial groups other than japanese are now ineligible to citizenship, it is clear that japanese are among the few groups still not eligible, see oyama v. california, 332 u. s. 633 ..... aliens to citizenship to the following groups: in 1870, "aliens of african nativity and . . . persons of african descent," 16 stat. 254, 256; in 1940, "descendants of races indigenous to the western hemisphere," 54 stat. 1137, 1140; in 1943, "chinese persons or persons of chinese descent," 57 stat. 600, 601; and in 1946, filipinos and "persons of races indigenous to india," 60 stat .....

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1879

Removal Cases

Court : US Supreme Court

..... judiciary act. the words of that act, conferring jurisdiction upon the circuit courts in respect of citizenship, were not the same as those used by the present law or by the constitution. it only conferred jurisdiction when "the suit is between a citizen of the state where the ..... would not be equal. to deprive the federal courts of jurisdiction by a partial community of citizenship between the opposite parties would in many instances actually defeat the very object which the constitution and the law have in view. even if it should happen that, upon the construction contended ..... it (perhaps justly) as requiring that each plaintiff and each defendant should have the citizenship required by the law. but now it is not so. the present law follows the words of the constitution and gives jurisdiction to the circuit courts in the broadest terms, namely whenever in any ..... the united states would be overwhelmed with business, litigants would be unnecessarily drawn away from the domestic tribunals, and the intent of the constitution would be subverted. now whilst i am satisfied that the apprehended inconveniences are greatly exaggerated, the inconveniences which would result from a contrary ..... for, many cases might be brought into the federal courts in which a partial community of citizenship did exist between the opposing parties, what .....

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Mar 02 1966 (SC)

Kulathil Mammu Vs. the State of Kerala

Court : Supreme Court of India

Reported in : AIR1966SC1614; 1966CriLJ1217; [1966]3SCR706

..... refer art. 9 to correct the slip which has occurred in abdul sattar's case : air1965sc810 . cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have to be dealt with by the government of india under the citizenship act, 1955. 16. coming now to the facts of the present case it is obvious that aboobacker went voluntarily to the territory ..... word 'migrated' in art. 7 and therefore by virtue of that article he will be deemed not to be a citizen of india on the date of the commencement of the constitution. thereafter he has not acquired the citizenship of india and he should therefore be held to be a foreigner; and if that is so, it is not disputed that the order passed ..... , j. 18. i agree that aboobacker, on whose behalf this appeal has been filed cannot be said to have acquired the citizenship of india under the constitution, but as i construe that the word 'migrate' in arts. 6 and 7 of the constitution differently i wish to record my reasons separately. the facts have been stated already and i need not repeat them at ..... art. 6, if he has after the specified date migrated from the territory of india to the territory of pakistan. article 6 deals with migration into india which confers citizenship and art. 7 deals with migration from india which deals a person from claiming citizenship of india at the commencement of the constitution. the expression 'migrated' cannot have different meanings in the two articles. 38. the word .....

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Sep 07 1960 (SC)

Smt. Shanno Devi Vs. Mangal Sain

Court : Supreme Court of India

Reported in : AIR1961SC58; [1961]1SCR576

..... of his enrolment as a voter, the date of acceptance of his nomination and the date of his election. if however he was not a citizen of india at the commencement of the constitution he had not since acquired citizenship and so his election would be void. the respondent's case all along was that he was that he was a citizen of ..... citizens which application had to be filed before the date of the commencement of the constitution. but while the primary provisions in the constitution as regards the citizenship for people born at a place now included in india and people whose parents were born at a place now in india insist on that requirement of intention to reside here permanently by using the word 'domicile ..... . 11, only saves expressly the right of parliament to make provisions as regards acquisition and termination of citizenship and all other matters relating to citizenship. of the other six articles, the first, art. 5, says who shall be citizens of india at the commencement of the constitution, while arts. 6 and 8 lay down who though not citizens under art. 5 shall be deemed ..... or ordinary residence in this area for a continuous period of five years immediately preceding the commencement of the constitution. if there had been no division of india and no portion of the old india had been lost this would have been sufficient, as regards conferment of citizenship apart from the special provision for giving such rights to persons of indian origin residing outside .....

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Jul 26 1963 (SC)

The State Trading Corporation of India Ltd. and ors. Vs. the Commercia ...

Court : Supreme Court of India

Reported in : [1963]33CompCas1057(SC); [1964]4SCR99

..... find it possible to agree that because a company incorporated in india would be a national of india it would necessarily be a citizen of india. nationality and citizenship are not identical; and it has been rightly said ..... dealing with the matter of citizenship had no intention to keep any former citizenship alive. if that had been intended a suitable provision would have been made to make that clear. in the absence of any provision to that effect it is difficult to hold that citizenship as might have existed in pre-constitution india continued even after the constitution. 107. nor do i ..... can be no citizen who does not satisfy the prescribed requirements. a necessary corollary of that thesis is that there were no citizens in india before the constitution - natural or artificial and it was by the constitution and the citizenship act, 1955, that only natural persons are made citizens and no one else. 135. to examine the validity of this assumption, it ..... mentioned in sub-section (3) of section 1 of this act. 59. one of the commonwealth countries (canada) had already such laws but others followed immediately afterwards. india lagged behind and the citizenship laws came in the constitution and in the act of 1955. during the period between 1948 and 1950 indian citizens were only potentially so. they however enjoyed commonwealth .....

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1856

Scott Vs. Sandford

Court : US Supreme Court

..... the consideration presses itself upon us that, if there was designed to be a particular class of native-born persons within the states, deriving their citizenship from the constitution and laws of the united states, they should at least have been referred to as those by whom the president and house of representatives were ..... or cannot hold office, either on account of their age, or sex, or the want of the necessary legal qualifications. the truth is that citizenship, under the constitution of the united states, is not dependent on the possession of any particular political or even of all civil rights, and any attempt so to ..... law of slavery. the case of the slave grace, 2 hagg., with four others, came before lord stowell in 1827, by appeals from the west india vice admiralty courts. they were cases of slaves who had returned to those islands, after a residence in great britain, and where the claim to ..... grave lawyers who argued the case of somersett. the case of verdelin was decided upon a special ordinance, which prescribed the conditions on which west india slaves might be introduced into france, and which had been disregarded by the master. the case of somersett was that of a virginia slave carried ..... so soon as they should come into tholouse, should be free." these cases were cited with much approbation in the discussion of the claims of the west india slaves of verdelin for freedom, in 1738, before the judges in admiralty, 15 causes celebres p. 1, 2 masse droit com., sec. 58, and .....

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Jun 21 1943 (FN)

Schneiderman Vs. United States

Court : US Supreme Court

..... of fraud in such cases is to read "illegality" out of the statute in every instance where an alien demonstrably not attached to the principles of the constitution has procured a certificate of citizenship. even if we were to recast an act of congress in accordance with our own notions of policy, it would be difficult to discover any considerations ..... now proposed defies the purpose and will of congress. it is inconceivable that congress should have intended that a naturalized citizen's attachment to the principles of the constitution -- the most fundamental requirement for citizenship -- should be the one issue which, in the absence page 320 u. s. 178 of fraud, the government is foreclosed from examining. to limit the ..... and relying wholly upon a charge of illegal procurement, can secure a de novo reexamination of a naturalization court's finding and judgment that an applicant for citizenship was attached to the principles of the constitution. we do not consider these questions. for, though we assume, without deciding, that, in the absence of fraud, a certificate of naturalization can be ..... disbelievers in organized government or members of organizations teaching such disbelief. polygamists and advocates of political assassination were also barred. [ footnote 9 ] applicants for citizenship were required to take an oath to support the constitution, to bear true faith and allegiance to the same and the laws of the united states, and to renounce all allegiance to any foreign prince, .....

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Nov 24 1941 (FN)

Edwards Vs. California

Court : US Supreme Court

..... right to compel it." a contention that a citizen's duty to render military service is suspended by "indigence" would meet with little favor. rich or penniless, duncan's citizenship under the constitution page 314 u. s. 186 pledges his strength to the defense of california as a part of the united states, and his right to migrate to any part of ..... continue to rest. to be sure, there are expressions in the cases that this right of free movement of persons is an incident of state citizenship protected against discriminatory state action by art. iv, 2 of the constitution. corfield v. coryell, 4 wash. c.c. 371, 381; paul v. virginia, 8 wall. 168, 75 u. s. 180 ; ward v. maryland, 12 wall ..... citizen to migrate from state to state which, i agree with mr. justice douglas, is shown by our precedents to be one of national citizenship, is not, however, an unlimited one. in addition to being subject to all constitutional limitations imposed by the federal government, such citizen is subject to some control by state governments. he may not, if a fugitive from ..... . 511 , and cases cited. thus, it is plain that the right of free ingress and egress rises to a higher constitutional dignity than that afforded by state citizenship. the conclusion that the right of free movement is a right of national citizenship stands on firm historical ground. if a state tax on that movement, as in the crandall case, is invalid, a fortiori .....

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Feb 20 1961 (FN)

Costello Vs. United States

Court : US Supreme Court

..... laws, whether national or state, should be taken into consideration in determining questions respecting the good moral character of applicants page 365 u. s. 271 for citizenship and their attachment to the principles of the constitution of the united states." in united states v. mirsky, 17 f.2d 275, a denaturalization case, judge thacher of the district court for the southern district ..... of new york, who had admitted costello to citizenship less than a year earlier, said: "one who deliberately violates the eighteenth amendment of the constitution cannot be said to be attached to the principle declared by that amendment." p. 275. "neither the fact that in this and ..... the eighteenth amendment, nor the fact that opposition to that principle with a view to removing it from the constitution is quite generally thought to be the part of good citizenship, can relieve this court of its duty to apply the law as it is now written." p. 276. see also in re nagy, 3 f.2d 77; in re raio, ..... by fraud. on this record, the petitioner never had a right to his citizenship. depriving page 365 u. s. 284 him of his fraudulently acquired privilege, even after the lapse of many years, is not so unreasonable as to constitute a denial of due process. cf. johannessen v. united states, 225 u. s. 227 , 225 u. s. 242 -243. iv the petitioner .....

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Jun 08 1959 (FN)

Lassiter Vs. Northampton County Bd. of Elections

Court : US Supreme Court

..... okla.stat.ann., tit. 26, 61; s.c.code 23-62. alabama also requires that the voter be of "good character" and "embrace the duties and obligations of citizenship" under the federal and state constitutions. ala.code, tit. 17, 32 (1955 supp.). two states require that the voter be able to read and write english. n.y. election law 150; ore.rev ..... an alternative means of qualifying is provided: if one has good character and understands the duties and obligations of citizenship under a republican government, and he can answer correctly 20 of 30 questions listed in the statute ( e.g., how does the constitution of georgia provide that a county site may be changed?, what is treason against the state of georgia?, who ..... , retaining jurisdiction for a reasonable time to enable appellant to exhaust her administrative remedies and obtain from the state courts an interpretation of the statute in light of the state constitution. lassiter v. taylor, 152 f.supp. 295. thereupon, the instant case was commenced. it started as an administrative proceeding. appellant applied for registration as a voter. her registration was ..... principles of the federal and state constitutions. la.rev.stat., tit. 18, 31. in mississippi, the applicant must be able to read and write a section of the state constitution and give a reasonable interpretation of it. he must also demonstrate to the registrar a reasonable understanding of the duties and obligations of citizenship under a constitutional form of government. miss.code ann .....

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