Court : Gujarat
Decided on : Sep-10-1963
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!
Court : Mumbai
Decided on : Jul-24-1963
Reported in : AIR1964Bom235; (1964)66BOMLR216; 1964CriLJ399; ILR1964Bom278
..... conditions must be shown to have been satisfied. one condition is that at the commencement of the constitution the person claiming citizenship must have had his domicile in the territory of india. in addition to this condition, either of the three conditions mentioned in clauses (a) (b) and (c) of that article must be satisfied. a person who shows that he ..... is justified on the evidence on record. the respondent claimed indian citizenship on the basis of article 5 of the constitution. article 5 of the constitution is as follows :-'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 ..... therefore, any person who is born in india after the commencement of the constitution, shall be a citizen of india by birth. but the provisions of the citizenship act have to be read subject to the provisions of the constitution, and even apart from persons who are born in india after the 26th january, 1350, certain provisions of the constitution regard persons as deemed citizens if the ..... conditions in article 5 of the constitution are satisfied. it is necessary to refer to section 9 of the citizenship act, which provides for the termination of citizenship. section 9 is as follows:-'9 (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950, .....Tag this Judgment!
Court : Kolkata
Decided on : May-01-1963
Reported in : AIR1965Cal312,1965CriLJ679
..... schedule, but proceeds to state that any such order shall have effect notwithstanding anything inconsistent therewith contained in any law other than the constitution of india or that act. now the first schedule of the citizenship act includes in the list of commonwealth countries pakistan. no notification has been issued by the central government under section 12 of the ..... , 1955 which says--'an act to provide for the acquisition and termination of indian citizenship.'that being the object in the preamble, pakistan citizen as a commonwealth citizen cannot claim to come within article 19 of the constitution or india through the doors of citizenship act, 1955.25. mr. roy's reference to the foreigners act also really does not ..... all citizens ......' and not with the qualification 'citizens of india'. for that purpose he made elaborate submission with copious references to different articles of the constitution endeavouring to say that the words 'citizens of india' are used in the constitution whenever necessary, such as in part ii of the constitution dealing with the citizenship e.g. in article 9, articles 58 and 66 ..... the police act, in the background of the bombay police act, 1951, the citizenship act, 1955, the foreigners act, 1946, the extradition act, 1870, the preventive detention act, 1950, the passport act, 1920 and the rules framed thereunder, and the relevant articles of constitution of india and to appreciate the decisions, certain principles and/or observations made by the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-26-1963
Reported in : 33CompCas1057(SC); 4SCR99
..... find it possible to agree that because a company incorporated in india would be a national of india it would necessarily be a citizen of india. nationality and citizenship are not identical; and it has been rightly said ..... dealing with the matter of citizenship had no intention to keep any former citizenship alive. if that had been intended a suitable provision would have been made to make that clear. in the absence of any provision to that effect it is difficult to hold that citizenship as might have existed in pre-constitution india continued even after the constitution. 107. nor do i ..... can be no citizen who does not satisfy the prescribed requirements. a necessary corollary of that thesis is that there were no citizens in india before the constitution - natural or artificial and it was by the constitution and the citizenship act, 1955, that only natural persons are made citizens and no one else. 135. to examine the validity of this assumption, it ..... mentioned in sub-section (3) of section 1 of this act. 59. one of the commonwealth countries (canada) had already such laws but others followed immediately afterwards. india lagged behind and the citizenship laws came in the constitution and in the act of 1955. during the period between 1948 and 1950 indian citizens were only potentially so. they however enjoyed commonwealth .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-11-1963
Reported in : AIR1964All63
..... allegations contained in the plaint. those allegations are that the applicant was an indian citizen at the time of the coming into force of the constitution, that he still continues to be an indian citizen in spite of his having obtained a pakistani passport and that the respondents are illegally ..... indian national and for a permanent injunction to restrain the respondents from deporting him out of india. the allegations in the plaint were that the applicant was a citizen of india at the time when the constitution came into force, that he subsequently went to pakistan and owing to certain circumstances had ..... to return after obtaining a pakistani passport, that he had not lost his indian citizenship and that the respondents were now seeking to deport him out of india.after ..... filing the suit he made an application before the munsif for a temporary injunction to restrain the respondents from deporting him out of india. though an ex parte order of ..... injunction was granted it was vacated after the final hearing on the sole ground that the suit was not maintainable; the civil court had no jurisdiction to decide the question of citizenship and the jurisdiction to do so .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-29-1963
Reported in : AIR1963P& H520; 1963CriLJ666
..... is depending not merely on the acquisition of pakistani citizenship by the petitioner but on the fact that he migrated from india in the year 1947, with the result that under article 7 of the constitution he could not be deemed to be a citizen of india. migration is something distinct from the act of ..... not be regarded to be a citizen of india by virtue of article 7 of the constitution. in these circumstances as prima facie he was not a citizen of india there was no question of the central government deciding first under section 9(2) of the citizenship act, 1955, whether the petitioner had lost ..... petitioner went to pakistan in 1947, his domicile remained indian and as his parents were indian, he was a citizen of india within the meaning of article 5 of the constitution. a similar contention was advanced in the above case decided by me and i observed:'there may be substance in this ..... is nowhere alleged in the charge that the petitioner was originally an indian citizen and he bad acquired pakistani nationality under section 9(1) of the citizenship act. therefore, prima facie the rule laid down in the aforesaid supreme court judgment would not be applicable.4. the other ground on which mr ..... is a matter which cannot be decided by the courts and it is the central government alone that can decide whether he has lost his indian citizenship by virtue of having adopted pakistani nationality.on the first point my attention has been invited to my own decision in mohd. rafiq v. administration .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-18-1963
..... is necessary to ensure effectuation of this indispensable function of government. [ footnote 13 ] these principles, stemming, on the one hand, from the precious nature of the constitutionally guaranteed rights of citizenship, and, on the other, from the powers of congress and the related obligations of individual citizens, are urged upon us by the parties here. the government argues ..... the conclusion is inescapable if the premises are correct. but i cannot agree with the court's major premise -- that the divestiture of citizenship which these statutes prescribe is punishment in the constitutional sense of that term. [ footnote 4/1 ] i despite the broad sweep of some of the language of its opinion, the court, as ..... stewart, with whom mr. justice white joins, dissenting. the court's opinion is lengthy, but its thesis is simple: (1) the withdrawal of citizenship which these statutes provide is "punishment." (2) punishment cannot constitutionally be imposed except after a criminal trial and conviction. (3) the statutes are therefore unconstitutional. page 372 u. s. 202 as with all syllogisms, ..... an election or plebiscite to determine the sovereignty over foreign territory," was upheld by a closely divided court as a constitutional exercise of congress' power to regulate foreign affairs. the court reasoned that, since withdrawal of citizenship of americans who vote in foreign elections is reasonably calculated to effect the avoidance of embarrassment in the conduct of foreign .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1963
..... ); 72 harv.l.rev. 372 (1958); note, 10 west. res.l.rev. 171 (1959). governmental nonintervention in religious affairs and institutions seems assured by article 26 of the constitution of india, which provides: "subject to public order, morality and health, every religious denomination or any section thereof shall have the right --" "(a) to establish and maintain institutions for religious ..... 3/11 ] see kurland, religion and the law (1962), 32-34. [ footnote 3/12 ] compare the treatment of an apparently very similar problem in article 28 of the constitution of india: "(1) no religious instruction shall be provided in any educational institution wholly maintained out of state funds." "(2) nothing in clause (1) shall apply to an educational institution which ..... drawn more from the experiences of other countries than from our own -- is that a system of free public education forfeits its unique contribution to the growth of democratic citizenship when that choice ceases to be freely available to each parent. page 374 u. s. 243 ii the exposition by this court of the religious guarantees of the first ..... values, equating these values with religious values, and thereby renders sinister, alien and suspect the beliefs and ideals of your petitioners, promoting doubt and question of their morality, good citizenship and good faith." the respondents demurred, and the trial court, recognizing that the demurrer admitted all facts well pleaded, sustained it without leave to amend. the maryland court .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-03-1963
..... an administrative remedy afforded by a state which long before brown v. board of education, 347 u. s. 483 , had outlawed both by its constitution and statutes racial discrimination in its public schools, [ footnote 2/3 ] and which, since brown, has passed the further implementing legislation drawn in ..... court does have jurisdiction of a particular proceeding, it may, in its sound discretion, whether its jurisdiction is invoked on the ground of diversity of citizenship or otherwise, 'refuse to enforce or protect legal rights, the exercise of which may be prejudicial to the public interest;' [citing united states v. ..... that, apart from contests over a res ( pennsylvania v. williams, 294 u. s. 176 ), a suit in personam based on diversity of citizenship could continue in the federal court even though a suit on the same cause of action had been started in the state court: "each court is ..... where congress creates a head of federal jurisdiction which entails a responsibility to adjudicate the claim on the basis of state law, viz., diversity of citizenship, as was true in meredith v. winter haven, 320 u. s. 228 , we hold that difficulties and perplexities of state law are ..... to redress the deprivation, under color of any state law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the constitution of the united states or by any act of congress providing for equal rights of citizens or of all persons within the jurisdiction of the united states." [ .....Tag this Judgment!
Court : Chennai
Decided on : Apr-22-1963
Reported in : AIR1964Mad390
..... of the old pudukottai state by renewing their sannads on their paying the usual fee. sometime thereafter the appellant filed his paper before the bar council constituted under the indian bar councils act, 1926 for emelment as an advocate of this court. the bar council declined to accede to his request as ..... in ananthakrishnan v. state of madras, : air1952mad395 the right to plead and act on behalf of suitors in court is not a right flowing from citizenship, the exclusive right to represent suitors in a court which an advocate possesses is really in the nature of a privilege, though the fact that it ..... shall not apply to ...(v) any other class of persons who by reason of their legal training or experience and declared by the bar council of india to be exempt from the provisions of this clause;........(2) notwithstanding anything contained in sub-section (1), a vakil, pleader or an attorney who is ..... appellants there would be no necessity for pursuing the appeal. we acceded to that request. we are now informed that: the bar council of india has given its opinion agreeing with the state bar council that the appellant does not possess the qualifications requisite to be admitted as an advocate under ..... that no final order of the state bar council rejecting his application had yet been passed and that it would only after the bar council of india had expressed its opinion that final order on his application could be passed. the learned advocate general as well as the appellant then agreed that .....Tag this Judgment!