Court : Rajasthan
Reported in : AIR2006Raj284
..... the territory of india and-- (c) who was born in the ..... 1955 read with rule 30 of the citizenship rules, 1956? 33. for ready reference, article 5 of the constitution of india, section 9 of the citizenship act, 1955 and rule 30 of the citizenship rules, 1956, are reproduced as under:article 5 of the constitution 5. citizenship at the commencement of the constitution.-- at the commencement of this constitution every person who has his domicile in ..... 9(2) and 18(2)(h) of the citizenship act, 1955 and the rule 30 and schedule iii of the citizenship rules, 1956, the central government alone is constituted as the authority to decide the question of voluntary acquisition of citizenship of a foreign country and consequent determination of the citizenship of india. no other court or authority has the power to ..... territory of india: or (d) either of whose parents was born in the territory of indial; or (e) who has .....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 : Delhi
..... of the commencement of the constitution, article 9 states that the deeming fiction of citizenship in articles 5 to 8 will not apply if a person has voluntarily acquired the ..... ). (emphasis supplied)54. the act and the policy refer to the notion of citizenship' and not nationality'. theoretically it may be possible to argue that nationality and citizenship are not necessarily one and the same thing. but where the requirement in terms of article 9 of the constitution of india read with section 7b of the act is to demonstrate that the person is ..... singh, the learned counsel appearing for union of india and mr. k. hari shankar, the learned counsel, appearing for the srfi. interpretation of the relevant provisions20. in order to appreciate the context in which the issue arises, it is necessary first to notice some of the relevant provisions of the constitution of india concerning citizenship. article 5 talks of the position at the time .....Tag this Judgment!
Court : Andhra Pradesh
..... 5 of rp act and article 173 read with article 191(1)(d) of the constitution of india. the allegation of making false statements and suppressing the facts amounting to fraud in connection with acquisition of certificate of registration under the citizenship act, 1955 from the government of india by the 1st respondent, is not covered by any corrupt practices under section 123 or ..... eligible to make an application. as this court is seized of the matter, the government of india was unable to proceed further and sought for leave of the court to constitute a committee of inquiry under sub- sections (4) and (5) of section 10 of the citizenship act, 1955 and to submit the report of the committee of inquiry to the court before ..... received from the intelligence bureau concerning the contemplated action under sections 10(2)(a) and 17 of the citizenship act, 1955, for which a reply was submitted by the 1st respondent. the government of india in its counter statement sought for the leave of the court to constitute a committee of inquiry under sub-sections (4) and (5) of section 10 of the ..... citizenship act, 1955 before passing appropriate orders on merits in accordance with law on the issue of legality and validity .....Tag this Judgment!
Court : Supreme Court of India
..... without honour in his own country. substitute 'citizen' for 'prophet' and you will get the gist of the various writ petitions filed under article 32 of the constitution of india assailing section 6a of the citizenship act.2. it all began when the burmese ceded assam to the british on 24th february, 1826 as per the treaty of yandabo, thus bringing to an ..... a minimum of 5 judges under article 145(3). an enumeration of these questions is as follows: (i) whether articles 10 and 11 of the constitution of india permit the enactment of section 6a of the citizenship act in as much as section 6a, in prescribing a cut-off date different from the cut-off date prescribed in article 6, can do so ..... in the petitions filed in the present cases?. (ix) whether section 6a violates the basic premise of the constitution and the citizenship act in that it permits citizens who have allegedly not lost their citizenship of east pakistan to become deemed citizens of india, thereby conferring dual citizenship to such persons?. (x) whether section 6a violates the fundamental basis of section 5 (1) proviso and ..... in the nature of certiorari or any other appropriate writ(s), order(s) or direction(s) declaring section 6a of the citizenship act, 1955 as discriminatory, arbitrary and illegal and consequently striking down the impugned provision as ultra-vires the constitution of india; b) a writ in the nature of mandamus or any other appropriate writ(s), order(s) or direction(s) directing .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1958Raj172
..... be ordinarily residents in india and even section 5(1)(a) did not apply to them. as or the order asking ..... the applicants held passports from pakistan, that is conclusive proof of their having voluntarily aquired citizenship of pakistan before the dale they obt lined the passports from pakistan. the applicants thus cannot be deemed to be citizens of india by virtue of article 7 of the constitution. they are citizens of pakistan by virtue of rule 3 of schedule iii on account of ..... them to leave india, it was said that as the applicants were not citizens of india, they were asked to leave ..... jurisdiction to grant the certificates of citizenship under section 5(1)(a). reliance in this connection was placed on explanation (3) to section 5(1). it is also urged that as the applicants had migrated from india to pakistan after march 1957, they lost their indian citizenship and became citizens of pakistan under article 7 of the constitution therelore, they cannot be said to .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1974Cal29,77CWN695
..... case of the state of bihar v. kumar amar singh, : 1scr1259 , his lordship came to the conclusion that from the point of view of the constitution, the petitioners cannot claim the benefit of citizenship of india.16. after having so held, the learned judge went into the question as to whether the appellants were amenable to the jurisdiction under the foreigners' act ..... not merely depend upon action of a foreign country in issuing the passport.(vii) cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have also to be dealt with by the government of india under the citizenship act. the decision in abdul sattar v. state of gujarat, air 1965 sc 819 (ibid) is corrected by the supreme court in its ..... to light show that the petitioner has migrated to pakistan after march 1, 1947 within the meaning of article 7 of the constitution, as such he cannot be deemed to be a citizen of india, no matter he has acquired the citizenship of pakistan or not.' (page 75 of the paper-book).19. there is a discussion in the judgment on the points ..... another country, but the only authority to so decide is the governmentof india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955.(iii) section 9(2) oi the citizenship act and rule 3 of the citizenship rules are intra vires the constitution and valid law.(iv) the proposition that as soon as it is alleged that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1996IXAD(SC)249; AIR1997SC1451; 1996(8)SCALE22; (1997)1SCC701; Supp6SCR544
..... particular functions in the service of our nation, so that citizenship constitutes our primary being, and what we do as administrators, or as members of some other profession becomes merely the function we discharge deriving ..... what that means. nobody is born an administrator, and nobody is always an administrator. we are all born citizens of a free india, and acquire the status of full citizenship at the age of maturity as laid down under the constitution. some of those mature citizens choose to be, and are called upon to become, our administrators for some years of their life ..... have given a democratic political education to our people, which we never had in our millennia-old history. the constitution treats the entire people of india as sovereign and free; none is treated as slaves or as outside that citizenship all the people of india are transformed into citizens of a free democratic state. what a beautiful concept and experience.it is a big ..... . this means that their primary individuality is not as administrators, but as citizens. we are all essentially citizens of free india called upon to perform .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1978Cal252,81CWN1090
..... stated hereinbefore, also took place here, as a result whereof he has contended that he is an indian citizen under article 5 of the constitution of india.5. it has also been stated by the petitioner that towards the beginning of 1963 he received an information that his father was alive at ..... of the petitioner was a pakistan national when the constitution of india was promulgated and being a minor and as per law, he acquired the domicile of his father. ft has also been contended with reference to the petitioner's application for citizenship that he acquired pakistan nationality and secured his passport ..... be evidence of rebuttal against the presumption that he had gone to pakistan with the desire or intention to abandon his citizenship of india. (iii) he could not be deemed to be a foreigner even under the foreigners laws (amendment) act 1957 because the question of renunciation ..... to reside in india. he filed a petition under article 226 of the constitution praying for a writ of prohibition restraining the state from expelling him on the expiry of visa. it was contended by the state that the petitioner had voluntarily migrated to pakistan and had renounced his citizenship. there was ..... citizenship act declaring him a foreigner, and on such facts it has been held:(i) that the petitioner being a minor at the time of migration to pakistan could not be said to have voluntarily migrated to pakistan so as to make article 7 of the constitution applicable to his case. (ii) as petitioner's entry into india .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1971Cal507
..... continues to be an indian citizen. the petitioner was born as an indian citizen and was an indian citizen at the commencement of the constitution of india and continues to be an indian citizen. the indian citizenship of the petitioner was never terminated. the fact that the father of the petitioner obtained a chinese passport in 1952 could not affect the ..... the 26th january, 1950. the petitioner became an indian citizen under article 5(a) and (c) of the constitution of india.4. the petitioner's case is that the petitioner's parents by long residence in india acquired indian citizenship. the said citizenship was never terminated. in any event the petitioner continued to be indian citizen. the petitioner's father settled down at ..... the affidavit-in-opposite filed on behalf of the state of west bengal, it is denied that the parents of the petitioner were domiciled in india or that the petitioner was domiciled in india when the constitution of india came into force. both the father and the mother of the petitioner were chinese nationals. the father held a chinese passport bearing no. 1 ..... , in my opinion do not entitle the applicant for equitable relief of injunction claimed in the instant application. section 9 of the citizenship act provides as follows:--'9. termination of citizenship--(1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950, and the commencement of this act voluntarily acquired .....Tag this Judgment!