Court : Allahabad
Decided on : Jan-18-1968
Reported in : AIR1969All165; 1969CriLJ450
..... of view and it was contended that it could not be relied upon on behalf of the state in proof of the citizenship of the applicant. under article 77(1) of the constitution of india all executive actions of the government of india shall be expressed to be taken in the name of the president and it was contended that even this order should ..... have been passed by the central government in the name of the president and as it was not, it is not a valid order for the determination of the citizenship of ..... , also defines 'central government' as meaning in relation to anything done or to be done after the commencement of the constitution, the president even according to this provision the authority given to the central government under rule 30 of the citizenship rules, 1956, is to be exercised by the president and when this authority is so exercised by him or by any ..... from the commencement of the act. that portion of sub-section (1) which connects the loss of citizenship of india to the date of acquisition of foreign citizenship refers to the acquisition of foreign citizenship subsequent to the commencement of the act, while the loss of citizenship of india with effect from the date of the commencement of the act relates to the acquisition of foreign .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-28-1968
Reported in : AIR1969Cal386
..... is of no assistance to the petitioner. in this case, there was a finding of the election tribunal that the petitioner never acquired the citizenship of india under the constitution and that he never became a citizen of india. in that context it was held by this court that in the eve of law the name of the non-citizen will be considered to ..... civil authority under the foreigners act. in the background of such order it was held on an interpretation of section 7(1) of the act with article 326 of the constitution of india that so long as that order stood, such person could not be elected or continued to act as prodhan; even this view on appeal, i find, has not been ..... in a supplementary affidavit-in-opposition to the additional affidavit of the petitioner asserted that he is an indian citizen owing allegiance to india and remains an indian citizen by virtue of article 5 of the constitution and his citizenship did not suffer any eclipse because of partition of india. it is also stated that due to communal disturbances in pakistan he came to ..... india.10. from the statement made by the petitioner and denial and counter-statement made by the respondent no. 4, it is quite clear that .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-20-1968
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!
Court : Rajasthan
Decided on : Aug-12-1968
Reported in : AIR1969Raj281
..... it has also been argued that the order infringes the petitioner's fundamental right to carry on trade or business as guaranteed under article 19(1)(g) of the constitution of india, and is therefore liable to be struck down. 10. apart from the general attack directed against the 'order' as a whole, the petitioner has also challenged ..... the legal position, on an examination of the relevant provisions of the constitution and the citizenship act.' on the question whether corporation can acquire citizenship, their lordships observed as follows: 'it seems to us, in view of what we have said already as to the distinction between citizenship and nationality, that corporations may have nationality in accordance with the ..... words, all 'citizens' are 'persons' but all persons are not citizens under constitution.' 24. their lordships were further pleased to observe;-- 'it is thus absolutely clear that neither the provisions of the constitution, part ii, nor of the citizenship act aforesaid, either confer the right of citizenship on, or recognise as citizen, any person other than a natural person. that ..... country of their incorporation but that does not necessarily confer citizenship on them ..................... we must therefore, hold that these two provisions that is 'part ii of the constitution and citizenship act' are completely exhaustive of the citizens of this country and these citizens can only be natural persons. the .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-20-1968
..... within their borders, and adapting it to their particular circumstances. in exercising this responsibility, each state is compelled to conform its procedures to the requirements of the federal constitution. the due process clause of the fourteenth amendment requires that those procedures be fundamentally fair in all respects. it does not, in my view, impose or encourage nationwide ..... was followed throughout the 19th and most of the present century. it entails a "gradual process of judicial inclusion and exclusion," [ footnote 3/10 ] seeking, with due recognition of constitutional tolerance for state experimentation and disparity, to ascertain those "immutable principles . . . of free government which no member of the union may disregard." [ footnote 3/11 ] due process ..... first section of the fourteenth amendment imposes page 391 u. s. 174 highly significant restrictions on state action. but the restrictions are couched in very broad and general terms: citizenship; privileges and immunities; due process of law; equal protection of the laws. consequently, for 100 years, this court has been engaged in the difficult process professor jaffe has ..... reasonable way of expressing the idea that, henceforth, the bill of rights shall apply to the states. [ footnote 2/1 ] what more precious "privilege" of american citizenship could there be than that privilege to claim the protections of our great bill of rights? i suggest that any reading of "privileges or immunities of citizens of the united .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-01-1968
Reported in : (1968)70BOMLR654
..... has several other consequences. one such consequence is specified in clause (1) of article 13, which lays down that all laws in force in the territory of india immediately before the commencement of the constitution are void to the extent to which they are inconsistent with fundamental rights. these laws were obviously made by the legislative bodies other than the bodies set ..... be looked at as a whole, and when so looked at it is evident, in their lordships' opinion, that the legislature did not intend to prevent indian tamils from attaining citizenship provided that they were sufficiently connected with the island.39. a similar decision was given by our supreme court in the lord krishna sugar mills ltd. v. the union of ..... considered earlier in a slightly different context. the question in that case was. whether the citizenship act, 1948, of ceylon and the ceylon (parliamentary elections) amendment act, 1949, imposed disabilities on indian tamils in ceylon and thereby violated section 29(2) of the ceylon constitution which laid down that no law of the ceylon parliament shall make persons of any community ..... liable to disabilities or restrictions to which persons of other communities are not made liable. during the course of arguments their lordships' attention was drawn to a subsequent act called indian and pakistani residents (citizenship) act, 1949, under which .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1968
..... and their implementing statutes. the court reasoned, inter alia, that the statutes, including the immediate predecessor of 1982, [ footnote 3/6 ] were inapplicable because "they, like the constitutional amendment under whose sanction they were enacted, do not in any manner prohibit or invalidate contracts entered into page 392 u. s. 452 by private individuals in respect to the ..... wilson believed the bill to be aimed at state-sanctioned discrimination, and not at purely private discrimination, page 392 u. s. 466 which, of course, existed unhindered "[b]efore our constitution was formed." other congressmen expressed similar views. on march 2, representative thayer, one of the bill's supporters, said: "the events of the last four years . . . have ..... and immunities made by the states on 'account of race, color, or previous condition of slavery.' [ footnote 3/35 ]" a few minutes later, representative wilson said: "before our constitution was formed, the great fundamental rights [which are embodied in this bill] belonged to every person who became a member of our great national family. . . . the entire machinery of ..... was to secure to a people theretofore in servitude, the free enjoyment, without discrimination merely on account of their race, of the essential rights that appertain to american citizenship and to freedom." ibid. the conclusion of the majority in hodges rested upon a concept of congressional power under the thirteenth amendment irreconcilable with the position taken by every .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-01-1968
..... , variations from substantial population equality in elections for the state legislature take away from the individual voter the equality which the constitution mandates. they amount to a debasement of the citizen's vote and of his citizenship. [ footnote 3/3 ] but the same cannot be said of all local governmental units, and certainly not of the ..... commission on intergovernmental relations, alternative approaches to governmental reorganization in metropolitan areas (1962). [ footnote 2/11 ] see, e.g., united states advisory commission on intergovernmental relations, state constitutional and statutory restrictions upon the structural, functional, and personnel powers of local government 38, 44-53 (1962). [ footnote 2/12 ] see weinstein, the effect of the federal ..... the only permissible basis for the selection of state legislators is election by majority vote within areas which are themselves equal in population -- into the united states constitution, thereby foreclosing the states from experimenting with legislatures rationally formed in other ways. even assuming that this result could be justified on the state level, because of ..... government -- for decisionmaking at the local level by representatives elected by the people. and, not infrequently, the delegation of power to local units is contained in constitutional provisions for local home rule which are immune from legislative interference. in a word, institutions of local government have always been a major aspect of our system, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-08-1968
..... is pending." "(b) any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the constitution, treaties or laws of the united states shall be removable without regard to the citizenship or residence of the parties. . . ." [ footnote 2 ] we find it unnecessary to rule on the holding of the court of appeals below that .....Tag this Judgment!
Court : Orissa
Decided on : Aug-12-1968
Reported in : AIR1969Ori301; 34(1968)CLT1162
..... that the managing committee is neither a 'person' nor a 'citizen' who can claim fundamental right under the constitution. in support of this contention, the contesting opposite parties relied on the definition of 'person' as given in section 2(1)(b) of the citizenship act, 1955 providing that in the said act unless the context otherwise requires, a 'person' does not include ..... have no statutory force, the purported order of the inspector of schools for dissolution and reconstitution of the managing committee under article 41 cannot confer any right on the newly constituted managing committee, and they cannot claim any rights on the basis of the impugned order passed under article 41 which is a mere administrative instruction. we are, therefore, of ..... opposite party no. 2 which threatens the invasion of the fundamental rights of the petitioners and the managing committee is clearly hit by the provisions of article 31 of the constitution as it involves deprivation of the property without the authority of law.'5. the maintainability of the writ petition -- challenging the impugned order of dissolution and direction to the ..... , 1897 shall, subject to any adaptations or modifications that may be made thereunder under article 372, apply for the interpretation of the constitution as it applies for the interpretation of an act of the legislature of the dominion of india. section 3(42) of the general clauses act is this.'3. in this act and, in all centralacts and regulations made after .....Tag this Judgment!