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 : 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 : Delhi
..... (1978) sc 597. it is submitted that rejection of the petitioner's application for passport is in violation of her fundamental rights under articles 14, 19 and 21 of the constitution of india.11. thirdly, it is submitted that the petitioner has complied with all the necessary formalities under the pa; in particular, section 5 (1), (1a) and (1b) thereof. under section ..... declaring, in her application for such certificate, that she is a tibetan national, cannot in the circumstances constitute valid grounds to refuse her a passport.29. the policy decision of the mha not to grant indian citizenship by naturalisation under section 6(1) ca to tibetans who entered india after march 1959 is not relevant in the instant case. having been born in ..... years immediately before making an application for registration. it is also proposed to change the word women by persons in the latter category so that the eligibility of citizenship through marriage to citizens of india now admissible to women only is extended to men also. (iii) under the act, a person who is not a citizen of a commonwealth country referred to ..... . i am not saying that this is the end of the exercise. but the place to begin is to tighten up our citizenships laws, and tell the world that india will grant citizenship only under very strict conditions; our laws are being made more stringent. this is all that the bill does.21. thereafter, the minster proceeded to explain that the amendment was .....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
..... 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 : 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 : 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 : Supreme Court of India
..... sonowal i. it does not serve the purpose sought to be achieved by the 1946 act or the citizenship act and the obligations cast on the central government to protect the nation in terms of article 355 of the constitution of india highlighted in sonowal. we have also earlier struck down the repeal of the 1964 order as regards assam ..... 23127 of 2018 power under article 142 of the constitution of india provide and create an appellate forum for deciding disputes regarding the citizenship status of persons residing in the state of assam.3. articles 5 to 9 of the constitution delineate and determine persons who are citizens of india on commencement of the constitution. article 10 provides for their continuance as citizens ..... with this objective, the parliament has enacted the citizenship act, 1955 ( the citizenship act for short) which provides for acquisition of citizenship after the commencement of the constitution by birth, registration, naturalisation and incorporation of territory.4. section 14a of the citizenship act states that the central government may compulsorily register every citizen of india and issue national identity card to him/her ..... the memorandum of settlement between the government of india and all india students union and the state of assam. in paragraph 33 in sarbananda sonowal (i) acknowledging the role of the tribunals constituted under the 1964 order, it was observed: 33. clause (b) of sub-section 6-a(1) of the citizenship act, 1955 defines "detected to be a foreigner .....Tag this Judgment!
Court : Delhi
..... at new delhi for the past almost three years; the appellant has mat.app.(fc).244/2018 page 55 of 70 applied for indian citizenship; she has sworn an affidavit of oath of allegiance to the constitution of india, and therefore under section 9 delhi courts would have jurisdiction, in our view, deserves to be rejected. as mentioned above, the expression where the ..... in india. ms. rajkotia also contends that ordinary resident? is different from habitual resident? and domicile?. the said terms cannot be ..... has made her intention very clear that she wants to stay in india and to give up her usa citizenship. appellant has already filed an affidavit stating that she had applied for mat.app.(fc).244/2018 page 11 of 70 indian citizenship and has taken oath of allegiance towards the indian constitution. both these factors would show that her intent is to stay ..... used interchangeably. the citizenship of the parties and their children is irrelevant and the same is not related to being a resident .....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!