Court : Kerala
..... the respondents including the additional respondent, on the other hand, contended that the qualification for appointment as advocate general are contained only in article 217(2) of the constitution, which is citizenship in india and ten years of practice as an advocate of the high court, which, admittedly the third respondent has. so much so, according to them, the writ petition is ..... the third respondent was appointed as an additional judge of this court on 11.4.1996. however, in exercise of the powers conferred under article 222 of the constitution of india, the president of india transferred the third respondent as an additional judge of the gujarat high court and directed him to assume charge in that high court on or before 22.7 ..... practice in a high court. however, the contention of the respondents that the qualifications required for appointment as advocate general are only those contained in article 217(1) of the constitution is not correct because the said provision prescribes only the minimum qualification for appointment. article 217(1) says that a person to be appointed as advocate general has to be ..... to which he was transferred and consequently ceased to be judge, the contention of the respondents is that third respondent has the qualifications prescribed under article 217(2) of the constitution for being appointment of advocate general, as well. the decisions cited by both sides include the recent decision of the apex court in state of uttaranchal v. balwant singh chaufal .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1963All260; 1963CriLJ724
..... of loyalties to breaking point in some individual families. in these exceptional circumstances, the framers of the constitution provided that during these three years even a wife would lose her citizenship if she migrated to pakistan leaving her husband behind in india. the laws of many other countries recognise exceptions to the general rule that the domicile of the wife ..... five years). therefore loss of citizenship means the loss of the essential ingredient of citizenship-- domicile (the fact of birth or previous residence could not be ..... made compulsory in all cases without exception, and there could be no citizenship of india at the commencement of the constitution without an indian domicile. in 1951, section 3 (d) of the pakistan citizenship act provided that person who before the commencement of that act had migrated from india to pakistan with the intention of residing there permanently acquired thecitizenship of pakistan ..... such persons by enjoining that a person who acquired the citizenship of another country shall cease to be a citizen of india.but what is the legal effect of a person ceasing to be a citizen of india? we have seen that citizenship of india at the commencement of the constitution was based on two qualifications-- domicile and birth (or residence for .....Tag this Judgment!
Court : Mumbai
Reported in : 1994(4)BomCR196
..... at the trial of the suit to the following effect : (1) does the plaintiff prove that he is a citizen of india under article 5 of the constitution (2) do the defendants prove that the claim of the plaintiff to indian citizenship stands terminated by reason of his voluntary acquisition of a pakistan passport (3) is the plaintiff entitled to any of the ..... in case it is held by the court that the appellant was not a citizen of india at the commencement of the constitution, the appellant may be granted leave by the court to make the necessary application to the central government or the prescribed authority for citizenship by registration as contemplated under section 5 of the said act. there is no question of ..... the defendant contended that the plaintiff was not a citizen of india on the date when the constitution of india came into force by reason of applicability of art. 7 of the constitution of india. the defendant further contended in the said written statement that in any event the claim of the plaintiff to indian citizenship stood terminated by reason of the voluntary acquisition of pakistan ..... passport in view of the provisions contained in section 9(2) of the citizenship act, 1955 read with rule 30 and rule .....Tag this Judgment!
Court : Rajasthan
Reported in : 1980WLN(UC)318
..... the provisions of citizenship rules, 1956. the petitioners filed the present writ petition of june 5, 1980, praying the same relief which ..... writ petition, was received by the home secretary, government of india on may 24, 1980. the said application is still pending decision by the central government in accordance with ..... citizenship act, 1955 for determining the question as to whether or not they bad acquired the citizenship of pakistan and as such lost india citizenship. the said application, according to the petitioners' averments in the ..... in any case it is pre-mature. the petitioners who are admittedly pakistan passport holders and who entered india on the basis of the said passports on march 12, 1980, have since made an application dated may 21, 1980, under rule 30, citizenship rules, 1956, made by the central government in exercise of powers conferred by section 18 of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1966SC1436; 3SCR441
..... his domicile in the territory of india and had been ordinarily resident therefore not less than five years immediately preceding the commencement of the ..... a foreigner and not a citizen of india. this suit was dismissed by the city civil court and an appeal by the appellant to the high court at bombay also failed. he has now appealed to this court with special leave. 2. the appellant bases his claim to citizenship of india on art. 5 of the constitution. under that article every person who had ..... be a national of one country and have his domicile in another country. here however the question of domicile arises because on the basis of it the appellant claims citizenship of india. we are not aware that it is possible to be a citizen of india and a national of another country. the decision of this court in the state trading corporation of ..... constitution was declared to be a citizen of india. article 5 of the constitution came into force on november 21, 1949. it is not in dispute that the appellant had been ordinarily resident in the territory of india for over five years before november 21, 1949. the only question in this .....Tag this Judgment!
Court : Guwahati
..... the authority to take all measures for protection of the state of assam from such external aggression and internal disturbances as enjoined in article 355 of the constitution of india. 7. once a proceedee is declared to be a foreigner within the stream of 01/01/1966 to 25/03/1971, it is incumbent on ..... was noticed that in-spite of the said declaration, the name of the petitioner was incorporated in the voter list of 1997 violating the provisions of the citizenship act. it was also recorded in the order that because of such approach on the part of the state government, the concerned officers are liable for appropriate ..... 2014, making a mockery of the declaration made by the foreigners tribunal and also the provisions of the citizenship act. 6. as has been held by the apex court in sarbananda sonowal vs. union of india and others reported in (2005) 5 scc 665, there is no manner of doubt that the state ..... limit provided under 2a above, she is not entitled to get her name registered and consequently she is a foreigner making her liable to be deported from india. 12. for all the aforesaid reasons, the writ petition is dismissed. the petitioner shall be deemed to be a declared foreigner and shall be taken ..... a citizen of india as has been acquired by a person of indian origin who came to assam from the specified territory prior to 1.1.1966, by virtue of the deeming provision in sub-section (2) of section 6a of the 1955 act ... following the aforesaid decision, the citizenship rules of 2009 .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1967All154; 1967CriLJ309
..... was born of indian parents in the district of fatehpur and has been living since his birth in this country. he was here on 26th january, 1950, when the constitution of india came into force. the petitioner's father syed siddiq hasan migrated to pakistan in 1948 leaving behind the petitioner who was then a minor and his younger brothers and sisters ..... .' 14. we are, therefore, of opinion that on the facts of the present case it will not be reasonable to hold that although the petitioner was domiciled in india on the date when constitution came into force because he happened to be a minor of about 13 or 14 years on that date his domicile must be linked with that of his ..... minor his domicile is linked with that of his father and therefore he cannot be held to have domiciled in india on the 26th january, 1950, when the constitution came into force and as such cannot be held to be a citizen of india. reliance was placed by the learned counsel on the decisions reported in 1954 all lj 156 : (air 1954 all ..... father who had migrated to pakistan in the year 1948 after deserting hini in india.15. the petitioner was born of indian parents in the territory of india. he had his domicile here and at the commencement of the constitution had been ordinarily a resident in the territory of india for more than five years immediately preceding such commencement. hehas been enrolled as a .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1965All191; [1968(16)FLR413]
..... dismissed. 5. on behalf of the detenue it was urged that he was a minor on the date he left india for pakistan and that on 26-1-1950 when the constitution of india came into force he was under a disability and, as such, did not possess the animus required for acquiring domicile ..... of any foreign state. the fact that the petitioner had come out to india on a pakistani passport on which ..... paragraph 9 of the said application it was stated that he had previously moved an application under section 5(1) of the citizenship act for registration as a citizen of india but he had received no intimation of the decision of the government thereon. it appears that by an order dated 31-12-1958 ..... of india on 26-1-1950 when the constitution came into force, he had ceased to be such by reason of the provisions of article 9 of the constitution which provides that no person shall be deemed to be citizen of india by virtue of article 6 and article 8 if he has voluntarily acquired the citizenship ..... the constitution that fall within the scope of article 7'.8. the point as to whether a person has voluntarily acquirerd citizenship of a foreign state after 26-1-1950 is one which falls to be determinedby the central government, under section 9(2) 31' citizenship act. the fact that the petitioner entered india on .....Tag this Judgment!
Court : Delhi
Reported in : AIR2006Delhi2; 123(2005)DLT143; 2005(84)DRJ157
..... is the day on which she ceases to be a minor then all the conditions envisaged conjointly in article 5 of the constitution and section 3 of the citizenship act are fulfillled, that is, she was born and domiciled in india, and her parents are indian citizens. the present case thus present no problems. 9. in these circumstances, the writ petition is allowed ..... that at the time of its commencement every person who is domiciled in the territory of india and who was born in the territory of india shall be a citizen of india. if there is any divergence between the provisions of the constitution and any statute such as the citizenship act, the consequence would be that the statute may have to be struck down as ..... every person born in india between 26.1.1950 and 1.7.1987 shall be a ..... proves that his parents (mother & father) were citizen of india at the time of his/her birth. the applicant requires certificate of registration as an indian citizenship from the govt. of india u/s 13 of the citizenship act. this opinion is based neither on section 3 of the citizenship act nor article 5 of the constitution. as has already been seen section 3 declares that .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1964Guj128; 1964CriLJ24; (1964)0GLR273
..... question does not survive in view of our conclusion on the question of migration. if petitioner had succeeded in proving that he had become a citizen of india under the constitution, the question whether his citizenship has or has not been terminated by the central government would have been material.20. the fourth point raised by mr. nanavaty has also no substance. it ..... . the main contention of the and respondent is that although the case of the petitioner fell directly within the purview of article 5 of the constitution of india, the petitioner still did not acquire citizenship of india because his case, directly fell within the purview of article 7. that article is as follows:'notwithstanding anything in articles 5 and 6, a person who has ..... for us to decide that question in the present petition. therefore, arguments were addressed on the subject of the petitioner having acquired the citizenship of india under the constitution on the basis that the petitioner had, in fact, departed from india on the 13th of february, 1948, in such a way that normally he would lose his domicile. but, the contention of the ..... of his father's sister, and that, therefore, the case of petitioners did not fall within the purview of article 7 of the constitution of india; (3) that petitioner remains a citizen of india under article 5 of the constitution inasmuch as no order, depriving him of his citizenship, has been passed by the central government under section 9, sub-section (2) of the indian .....Tag this Judgment!