Court : Allahabad
Reported in : AIR1962All621
..... to pakistan in 1950 and if he migrated in that year before the 26th of january he could never acquire indian citizenship under the constitution of india.under article 7 of the constitution he would be deemed never to have been a citizen of india.it was for the appellant to show that he did not in fact migrate before the 26th of january 1950 ..... only presumption would be that he tried to do so because as a result of migration he never acquired indian citizenship which means that he left india before the 26th of january 1950, and since he migrated to pakistan, article 7 of the constitution became applicable to his case. while such a possibility exists, it is impossible to hold that the appellant was ..... . that however does not militate against his declaration that he migrated to pakistan in 1950. it is quite possible that having, migrated in 1950 and having lost indian citizenship he sneaked into india sometime in 1952 and then continued to live here surreptitiously until he again sneaked back into pakistan in the year 1955. if this happened the facts as given by ..... ever a citizen of india so that even in september, 1956, when he came back to india, even though he might not have acquired citizenship of any other country and might not have become a .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1963Raj11; 1963CriLJ66
..... connection, we may in passing refer to article 9 of the constitution of india which clearly provides that no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or 8, if he has voluntarily acquired the citizenship of any foreign state. we mention this to show that our ..... indian citizen at the commencement of the constitution? for, it is riot his case that he had acquired such citizenship later. now article 5 of the constitution of india reads as follows: '5. 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 ..... not less than five years immediately preceding such commencement, shall be a citizen of india.' according to this article before a person could be entitled to have the status of indian citizenship on the coming into force of the constitution, he must have had his domicile here and then he must have had any one of the three qualifications which have been mentioned ..... born in the territory of india; or (c) who has been ordinarily .....Tag this Judgment!
Court : Delhi
Reported in : AIR1970Delhi76
..... to the period subsequent to the commencement of the constitution. section 9 provides that the acquisition of foreign citizenship can be the result either of naturalisation or registration or any other method of voluntarily acquiring such citizenship. just as the citizenship of india can be acquired by naturalisation, or registration, so can the citizenship of a foreign country be similarly acquired by naturalisation ..... the citizenship rules was challenged, but without success. after reproducing section 9 of the citizenship act, it was thus observed by gajendragadkar, j., (as he ..... of the act and the rules contemplates dual citizenship.5. on behalf of the respondents, shri s.s. chadha has relied on the decision of the supreme court in izhar ahmad khan v. union of india : air1962sc1052 . before the supreme court in this case, the constitutional validity of section 9(2) of the citizenship act and of rule 3 sch. iii of ..... in regard to the acquisition of indian citizenship and also the fact that the petitioner visited india on several occasions, have been described to visit india on the strength of a valid passport. the petitioner being a foreigner according to the reply, the fundamental rights guaranteed to citizens under art. 19 of the constitution are stated not to be available to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC1534; (1986)88BOMLR301; 1986(1)SCALE606; (1986)4SCC78; 2SCR823
..... . while it was not disputed that the respondent was a citizen of india by virtue of article 5 of the constitution, there was no allegation that there had been a decision given on the question whether he had ceased to be a citizen of india by the competent authority under the citizenship act, 1955 nor was it the case of the appellant before us ..... the citizenship of a foreign state or (iii) is under any acknowledgement of allegiance or ..... constitution reads thus : 11. parliament to regulate the right of citizenship by law - nothing in the foregoing provisions of this part shall derogate from the power of parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.5. section 9 of the citizenship act, 1955 reads thus: 9. termination of citizenship. - (1) any citizen of india ..... as regards the termination of indian citizenship on the acquisition of the citizenship of a foreign country. sub-clause (d) of clause (1) of article 102 of the constitution provides that a person shall be disqualified for being chosen as and for being a member of either house of parliament (i) if he is not a citizen of india, (ii) or has voluntarily acquired .....Tag this Judgment!
Court : Chennai
Reported in : AIR2007Mad187; (2007)2MLJ831
..... another country, but the only authority to so decide is the government of india acting as a quasi judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955.(iii) section 9(2) of the citizenship act and para 3 of the citizenship rules are intra vires the constitution and valid law.(iv) the proposition that as soon as it is alleged ..... delhi, claiming that both his daughters were entitled to be declared as citizens of india by virtue of article 5 of the constitution and section 4(1) of the citizenship act, 1955. in addition to this claim of indian citizenship, he further stated that they were citizens of britain by virtue of their birth in england and of finland by virtue of their mother ..... application before the competent authority, namely., the ministry of home affairs of the government of india, which alone has the power to consider and adjudicate upon the issue relating to citizenship and the appellant cannot seek any relief from this court under article 226 of the constitution and no writ of mandamus could be issued even without an application being made to the ..... iii and therefore the acquisition of the passport as conclusive proof of the loss of citizenship would not arise....21. in a recent decision in dipali katia chadha v. union of india : (1996)7scc432 , in a writ petition filed before the supreme court under article 32 of the constitution, the father of two petitioners had written a letter to the secretary, ministry of .....Tag this Judgment!
Court : Allahabad
..... and "certificate of naturalization" is the first step to get citizenship. article 11 of the constitution of india has empowered the parliament to form rules for grant of the citizenship. by virtue of article 11, the indian parliament has passed the citizenship act, 1955 which provides the acquisition of citizenship after the commencement of the constitution by way of birth or descent or registration or naturalization or ..... of..................i vouch for the correctness of the statement made by..............................in his application for indian citizenship. signature................................... name ........................................ full postal address...................... ........................................... oath of allegiance i, ...................................................do solemnly affirm and swear in the name of god that i will bear true faith and allegiance to the constitution of india as by law established and that i will faithfully observe the laws of ..... india and fulfill my duties as a citizen of india. signature........................... affirmed/sworn and subscribed this.........day of.............20............before me. *signature.......................... *designation....................... *signature and designation of the officer authorized under rule 38 of the citizenship rules, 2009, before whom the .....Tag this Judgment!
Court : Gujarat
Reported in : (1989)2GLR865
..... submitted that the matter has to be referred to the central government as the decision as to whether the petitioner is a citizen of india or not has to be taken only by such authority constituted under the citizenship act. nevertheless mr. desai, distinguishing the case cited by mr. g.d. bhatt, appearing for respondents nos 1 and 3, which is reported in ..... are not prevented from determining other question concerning nationality of a person,... the appellants, claim 10 the citizenship of india was registered on the ground that having migrated to pakistan in 1948. they had never acquired indian citizenship. that might follow from art of the constitution of india. the jurisdiction of a civil court to decide that question is not in any way affected by ..... . in this connection we can usefully refer to article 5 of the constitution of india. article 5 reads as under:5. citizenship at the commencement of the constitution: at the commencement of this constitution every person who has his domicile in the territory of india and:(a) who has bom in the territory of india; or(b) either of whose parents was bom in the territory of ..... municipalities act, 1963 are ultra vires the provisions of articles 245 and 246 of the constitution of india read with schedule vi, list v, entry 17 thereof and section 9 of the citizenship act, 1955.3. it is an admitted fact that the petitioner herein uas born outside india i.e. in campala in africa, that the petitioner holds british passport, that the petitioner .....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 : Orissa
Reported in : AIR1961Ori174; 1961CriLJ658
..... and in his application for b visa he described himself as a pakistan national and wanted permission to visit india for a period of one year, to see his parents.by virtue of article 7 of the constitution he clearly lost his indian citizenship when he stayed in pakisthan after attaining majority. the true meaning of the expression 'migrated from the territory of ..... residing in that country permanently when he went there and accepted a government service, was not stated in the affidavit. the legal position therefore is that though a citizen of india the petitioner lost his citizenship by virtue of article 7 of the constitution when he went to east pakistan and remained there even after attaining majority.if after his return to ..... : india' occurring in article 7 of the constitution has been explained by their lordships of the supreme court in a very recent (unreported ..... india he wanted to acquire indian citizenship, it was open to him to apply to the authorities concerned, under section 5 of the citizenship act. section 9(1) of that act makes it 'clear that once a citizen of .....Tag this Judgment!