Court : Allahabad
Decided on : Jan-30-1962
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 : Madhya Pradesh
Decided on : Nov-13-1962
Reported in : AIR1964MP272; 1965MPLJ329
..... of india either by virtue of any of the provisions in the constitution or the citizenship act 1955. -- (see frioz meharuddin v. sub-divisional officer (mp), air 1961 madh pra 110.)it is true ..... amendment of section 2(a) of the foreigners act in 1957. be treated as 'foreigners'; but the effect of the provisions of article 7 of the constitution is that all persons who had migrated from the territory of india to the territory now included in pakistan after the 1st day of march, 1947 had to be deemed not to be citizens of ..... amendment of the definition of 'foreigner' in section 2 (a) of the foreigners act, 1946 by the foreigners laws (amendment) act, 1957. the citizenship act, 1955, however, makes a distinction between a commonwealth citizen and a citizen of india. under section 11 of that act every person who is a citizen of a commonwealth country specified in the first schedule shall, by ..... government under section 12 of the citizenship act by an order notified in the official gazette. no such notification has been issued by the central government conferring rights of citizens of india on citizens of pakistan. persons who migrated to pakistan after 1-3-1947 and who did not return to india till the commencement of the constitution cannot be considered to be citizens .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-27-1962
Reported in : AIR1963Cal527
..... , 1955, bars the election tribunal from deciding that the petitioner was rot a citizen of india. section 9(1) of the citizenship act, 1955, states that a person who was a citizen of india at the commencement of the constitution may subsequently acquire the citizenship of some other country. section 9(2) of the said act describes the authority having exclusive jurisdiction ..... he never became a citizen of india. 2. the contention of the petitioner that ..... living in india. as the petitioner migrated from india to pakistan after the first day of march, 1947 and before the constitution of india came into force, he must be deemed not to be a citizen of india having regard to article 7 of the constitution. the election tribunal rightly held that the petitioner never acquired the citizenship of india under the constitution and that ..... to determine it e citizen of india has acquired the citizenship of some other country. if the petitioner was ever a citizen of india the election tribunal was not .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-27-1962
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 : Allahabad
Decided on : Apr-16-1962
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 : Kolkata
Decided on : Sep-21-1962
Reported in : AIR1964Cal324
..... declaration that he was a pakistan national in 1953-the petitioner, therefore, cannot be a citizen of india under article 6 of the constitution on the facts of this case.10. mr. ali thereafter fell back on rule 9 of the citizenship rules under the citizenship act. his contention is that the collector under that rule shall before registering a person under section 5 ..... 5 of the citizenship act.8. coming now to the petitioner's assertion that he is a citizen of india by virtue of articles 5 and 6 of the constitution mr. ali appearing in support of the petitioner contends that the petitioner comes under article 5(c) of the ..... be made by a person who is already such a citizen by virtue of the constitution or by virtue of any of the other provisions of the citizenship act. the petitioner's present case is that he had already been a citizen of india by virtue of the constitution and the present case therefore is flatly contradicted by his making the application under section ..... . the other case to which mr. ah made reference is izhar ahmad khan v. union of india, reported in : air1962sc1052 . a majority decision in that case holds in favour of the constitutional validity of the rule of evidence as prescribed by section 9(2) of the citizenship act and laysdown that a passport obtained by a person from a foreign country is relevant .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-16-1962
Reported in : AIR1962SC1052; Supp3SCR235
..... of its legislative powers. it may prema facie sound somewhat surprising, but it is never the less true, that though the citizens of india are guaranteed the fundamental rights specified in art. 19 of the constitution, the status of citizenship on which the existence or continuance of the said rights rests is itself not one of the fundamental rights guaranteed to anyone. if ..... virtue of art. 6 or art. 8, if he has voluntarily acquired the citizenship of any foreign state. in other words, if prior to the commencement of the constitution, a person had voluntarily acquired the citizenship of any foreign state, he is not entitled to claim the citizenship of india by virtue of art. 5 or art. 6 or art. 8. this article thus deals ..... . it is in the background of these respective facts that the three petitioners resist their deportation from india on the grounds that section 9(2) of the act is ultra vires and that rule 3 in schedule iii of the citizenship rules, 1956, is also constitutionally invalid.11. before dealing with the points thus raised by the three petitions, it would be useful ..... does s. 9(1) make a similar provision in regard 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, or registration, so can the .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-29-1962
Reported in : AIR1963All205; 1963CriLJ562
..... that he never migrated to pakistan and, therefore, did not lose his citizenship rights as provided by article 7 of the constitution. he asked the court to declare that he is a citizen of india. 2. both the union of india and the state of uttar pradesh resisted the suit and filed a ..... if so, did ne lose all his citizenship rights? 3. is the suit bad for misjoinder of parties? 4. do the provisions of influx of pakistan act directing deportation of the plaint.ff lead to the infringement of his fundamental rights under the constitution of india? if so, are they void and ultra ..... vires? 5. to what relief, if any, is the plaintiff entitled? 3. the trial court rejected the plaintiffs version that he never intended to migrate to pakistan and disbelieved his witnesses. it held that he did migrate to pakistan and by reason of this conduct lost his citizenship ..... rights as provided under article 7 of the constitution. in appeal learned district judge took a different view of the plaintiff's evidence and believed his witnesses who had ..... of the court is not ousted. in this case the plaintiff contended in his plaint that he had not lost his citizenship by reason of article 7 of the constitution as he had never migrated to pakistan. the defendants in their written statement challenged the veracity of his assertion and alleged .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-28-1962
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 : Rajasthan
Decided on : Feb-19-1962
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!