Court : Supreme Court of India
Reported in : AIR1963SC1035; Supp2SCR560
..... foreigner under the act. some of the relevant provisions of the constitution and citizenship act 57 of 1955 may conveniently be extracted. article 5 of the constitution says :- '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 ..... additional sessions judge was not justified in ignoring the evidence of respectable witnesses who spoke to the fact that the appellant was born in india and continued to reside in india at the date of the commencement of the constitution and thereafter. the learned additional sessions judge as a judge of fact considered the evidence in the light of probabilities and the documentary ..... act, 1872 (1 of 1872) lie upon such person'. 11. under art. 5(a) of the constitution the appellant cannot be a citizen of india unless he was born in the territory of india and had his domicile in the territory of india at the commencement of the constitution. in this case the appellant claimed to be a citizen under art. 5(a) of the ..... of india; or (c) who has been ordinarily resident of the territory of india .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1955Bom300; (1955)57BOMLR568; ILR1955Bom749
..... force -- that there cannot be two domiciles in respect of citizens of india, and be, therefore, resists the application of any principle which is based on considerations of domicile.whether or not the constitution of india permits a plea of dual citizenship and dual domicile to beraised, in dealing with questions pf the application ..... apply when there is conflict of laws of different sovereign states. but there is authority for the proposition that where the law in one province in india is different from the law in another province, the two provinces must be regarded as analogous to two sovereign, states : air1940bom362 .14. strong ..... to suffer some hardship. but such hardships in rare cases are the inevitable consequence of provincial legislation in regard to a subject which is all-india in character.the bombay legislature may well claim to have taken long strides in the matter of legislation for social reform. but where social ..... the provisions of the act and the decision merely said that the fact that the marriage took place at a place outside the limits of india, cannot succeed in excluding the application of the provisions of the said act. in my opinion, this decisioncannot afford any assistance to mr. ..... the contract are governed by the law of the place where the contract was made; and where, therefore, the law of one province of british india is distinct from, the law of another province, the two provinces must be regarded, for the purposes of this rule, as analogous to foreign .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR2010P& H83
..... territory of india and-a) who was born in the territory of india; orb) either of whose parents was born in the territory of ..... time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this constitution, in the form and manner prescribed by the government of the dominion of india or the government of india.9. persons voluntarily acquiring citizenship of a foreign state not to be citizens.- no person shall be a citizen of ..... . sidhu based on article 9 of the constitution of india is concerned that relates to voluntary relinquishment by a citizen of india. this has to be understood in the context of articles 5, 6, 8 and 9 of the constitution of india which read as follow:5. citizenship at the commencement of the constitution: at the commencement of this constitution every person who has his domicile in the ..... he is not an indian citizen. at the out set, mr. sidhu also contended that it is not disputed that a nri can represent india. he based his pleas on an interpretation of article 9 of the constitution of india which reads as under:9. persons voluntarily acquiring citizenship of a foreign state not to be citizens.- no person shall be a citizen of .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1959P& H261
..... facts of the case i may describe the provisions of law which are relevant for this purpose.6. articles 5, 6 and 8 of the constitution lay down provisions for acquiring citizenship of india at the commencement of the constitution on 26-1-1950. article 7 lays down that any person migrating to pakistan after 1-3-1947, shall not be deemed to be ..... conclusion that no order under the foreigners act 1946 can be passed against a person who admittedly at the commencement of the constitution was a citizen of india unless his citizenship had been previously terminated by the central government under the citizenship act and the rules framed thereunder. i may make it clear that if a person at the commencement of the contitution is ..... this provision in the present case as it is not denied that the petitioner and his family members are citizens of india under the constitution and the certificate under section 13 states only this fact. this certificate in respect of a person's citizenship under the 1955 act has no application to the present case as the petitioner being a citizen under the ..... 10).in case of doubt the central government may certify that a person with respect to whose citizenship a doubt exists has prima facie satisfied the government that, the person concerned is a citizen of india under the constitution or under the citizenship act, 1955 and is recognised as such. (section 13 read with form vi of the rules). if there is any dispute .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1976Kant174; 1976(1)KarLJ349
..... unlike in united states where there is dual citizenship, namely, citizenship of the united states and citizenship of any of the individual states, our constitution envisages only a single citizenship of entire india and not citizenship of any individual state in india. mr. iyengar maintained that from the concept of the single citizenship of the whole of india, it follows that there can be only ..... not residing in this state, would take away or abridge his right of citizenship of india.48. to examine the above contention, it is necessary to ascertain what are the rights attached to citizenship of india. such rights have been expressly specified in part iii of the constitution. art. 15 which prohibits discrimination on the grounds of race, religion, caste ..... mr. iyengar referred to articles 5 to 11 in part ii of the constitution. article 5 deals with citizenship at the commencement of the constitution. article 6 deals with the rights of citizenship of certain categories of persons who migrated to india from pakistan. article 8 deals with rights of citizenship of a certain category of persons of indian origin residing outside ..... thereof, such barriers would affect the quality and content of the citizenship of india, attenuate the rights and privileges of a citizen and would also infringe articles 301 to 304 of the constitution which ensure freedom of trade, commerce and intercourse throughout the territory of india and also interfere with the rights of citizens to move freely throughout .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1962P& H333
..... inferred from it that the petitioner there had migrated from indian to pakistan in the year 1948 and had lost his citizenship by virtue of the provisions embodied in article 7 of the constitution. that apart, the fact that he came to india on a pakistani passport with a visa endorsed, was held to indicate that he was a foreigner. this was based ..... this court to decide whether a person, who was admittedly a citizen of india at the time when the constitution came into force, had lost the citizenship and had become a foreigner when the impugned order was made against him. section 9 of the citizenship act lays down that any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any ..... had continued to reside here till after the enforcement of the constitution and had been granted a passport by the government of india as an indian national. the case set up in the return was that the respondent had acquired the citizenship of pakistan after he left india and this according to the learned counsel, was only after the year 1953. it is submitted ..... ?) a foreigner, by proving that he was born and domiciled in india prior to 26th january, 1950, and that he had become an indian citizen under article 5(a) of the constitution. there is no order of the central government, which had been made, giving a decision under section 9 of the citizenship act that he had acquired a foreign nationality. consequently, we .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1963SC645; Supp1SCR429
..... or by naturalisation, registration or voluntary acquisition of foreign citizenship in any other manner, under s. 9, or by deprivation ..... to examine briefly the scheme of the seven articles that occur in part ii. these articles deal with the question of citizenship. article 5 provides that at the commencement of the constitution, every person who has his domicile in the territory of india and who satisfies one or the other of the three tests prescribed by cls. (a), (b) and (c), ..... .c.r. 235. it is well-known that the citizenship act has been passed by the parliament by virtue of the powers conferred and recognised by arts. 10 and 111 of the constitution and its relevant provisions deal with the acquisition of citizenship of india as well as termination of the said citizenship. citizenship of india can be terminated either by renunciation under s. 8, ..... 26, 1950, and under art. 7 of the constitution they cannot be deemed to be citizens of india. in the alternative, it was urged that since the respondents had obtained a pakistani passport, they have acquired the citizenship of a foreign country and that has terminated their citizenship of india under s. 9 of the citizenship act, 1955 (lvii of 1955). it appears that .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1961All507; 1961CriLJ441
..... , amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.'no ruling has been cited before me in which any contrary opinion has been expressed tegarding the constitutional validity of the aforesaid schedule iii of the citizenship rules.6. i should not be understood as laying downthe proposition that in no case the obtaining ..... in my opinion clause 3 and clauses 5(b) and (d) of schedule iii of tile citizenship rules, which in many cases would result in summarily depriving an indian ..... such acquisition by virtue of section 9(1) of the citizenship act involves automatic termination of indian citizenship. the question is, can an indian citizen be deprived of his fundamental rights (including the right of residing and settling in any part of india, guaranteed by article 19 of the constitution) in this arbitrary and wholly unreasonable fashion?i cannot countenance such a position and .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2002SC1614; 2002(2)ALLMR(SC)940; 2002(3)ALT49(SC); JT2002(3)SC464; 2002(3)SCALE239; (2002)4SCC346; 2SCR872; 2002(1)LC675(SC)
..... (2) of the citizenship act where the person concerned had obtained a pakistan passport and observed ..... & ors. vs . union of india & ors. : air1962sc1052 , considered the validity of rule 3 of ..... schedule iii of the citizenship rules and the order passed under section 9 ..... be conclusive proof of his having voluntarily acquired the citizenship of that country before that date.'12. relying upon this rule the union of india in its order passed under section 9(2) of the citizenship act dated 21st july, 1995 determined the national status of the appellants to be that of pakistani.13. a constitution bench of this court in izhar ahmad khan .....Tag this Judgment!
Court : Rajasthan
Reported in : 1968WLN8
..... and ors. : 1966crilj1217 ,. in para 13 of the judgment, it is given that 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, 1955.4. coming now to the facts of the present case it is obvious that the petitioner hari khan voluntarily ..... registration, naturalisation, and territory. it also makes provisions for the termination and deprivation of citizenship under certain circumstances. section 9 of the citizenship act deals with the citizenship after the commencement of the constitution and has got nothing to do with the citizens who had left india for pakistan prior to that date. it has been observed in state of madhya pradesh ..... government. here as the central government has not yet decided whether or not the petitioners acquired the citizenship of pakistan, the court of sub-divisional magistrate had no jurisdiction to deal with the matter.article 7 of the constitution of india reads as follows:notwithstanding anything in articles 5 and 6 a person who has after the first day ..... therefore, not be deemed to be a citizeu of india under article 7 of the constitution quoted above. article 11 of the constitution lays down that parliament is empowered to make provision with regard to the acquisition and termination of citizenship and all other matters relating to citizenship. by virtue of this constitutional power, parliament enacted the cititzenship act, 1955, to supplement .....Tag this Judgment!