Court : Gujarat
Decided on : Sep-12-1961
Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073
..... india and -(a) who was born in the territory of india; or (b) either of whose parents was born in the ..... parliament. but on the question as to who is a citizen of india on the date of the constitution, the constitution is the sole law. the citizenship act refers to citizenship after the commencement of the constitution and on the question as to who is a citizen of india on the date of the constitution, we have to read for purposes of this appeal articles 5, 7 ..... 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'.article 10 of the constitution provides that every person who is deemed to be a citizen of india under the constitution shall continue to be such citizen, subject to the provisions of any law that may be made ..... , therefore, on the respondent to prove that he was a citizen of india on 13-10-1957. at this stage, it is necessary to turn to the relevant provisions m the constitution of india and the citizenship act referring to citizenship. article 3 of the constitution of india provides that -'at the commencement of this constitution, every person who has his domicile in the territory of .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-29-1961
Reported in : AIR1962Guj194; (1962)0GLR85
..... application for the pakistani passport as also his declaration while obtaining visa 'c' from the office of the high commissioner of india in pakistan would constitute prima facie evidence of his having renounced his citizenship of india and his having acquired the citizenship of pakistan. it is true that in a case where it is alleged by the state government that i a person ..... was final and conclusive, establishing renunciation on his part of the citizenship of india. but, it is the case of the learned government pleader that though the petitioner was a citizen of this country on the date when the constitution came into force he subsequently renounced the indian citizenship and acquired the citizenship of pakistan, it would be the central government, as a tribunal ..... and was also educated there. in view of that statement it is quite clear that the petitioner was, by virtue of article 5 of the constitution, a citizen of india at the time of the commencement of the constitution.6. it was, however, urged by the learned government pleader that there was a dispute between the parties as to when exactly the petitioner ..... under section 9(2) of the citizenship act of 1955, which would have .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-24-1961
Reported in : AIR1961Guj151; (1961)2GLR343
..... the governance of the indian states by cession under the merger agreements executed by the rulers of the indian states in favour of the government of india, constituted acts of state. having regard to these two decisions of the supreme court, we cannot accept the judgment of the bombay high court as ..... resided in each before the covenant now resided in the whole and its component parts; none of it was lost to the dominion of india'.this constitutional arrangement, however, did not work satisfactorily and so on 26th december 1949, the same thirty-five rulers entered into an instrument of merger ..... in and over the sant state except on three subjects namely, defence. external affairs and communications which were transferred to the dominion of india. this constitutional position was clinched by clause 8 of the instrument of accession which provided that nothing in the instrument of accession shall affect the continuance ..... municipal courts of the new sovereign. it is only when the treaty is made that the act of state terminates and the right of citizenship commences and it is only thereafter that any act done or declaration made by the new sovereign can have the effect of conferring on the ..... of that sovereign. in other words, as regards the residents of territories which come under the dominion of a new sovereign, the right of citizenship commences when the act of state terminates and the two therefore cannot co-exist'.'it follows from this that no act done or declarations made .....Tag this Judgment!