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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1973 Page 1 of about 21 results (0.038 seconds)

Dec 03 1973 (SC)

State of Gujarat Vs. Yakub Ibrahim

Court : Supreme Court of India

Decided on : Dec-03-1973

Reported in : AIR1974SC645; 1974CriLJ597; (1974)0GLR334; (1974)1SCC283; [1974]2SCR572

..... of the constitution. but the 'migration' as contemplated by article 7 was held, in kulathil ..... period between 1st march, 1947, and the commencement of the constitution. it has to be remembered that article 7 of the constitution was held, in kulathil mammu's case (supra), to contain an exception to the operation of article 5 of the constitution for conferring citizenship of india on persons who at the commencement of the constitution, had satisfied the test of indian domicile.5. the ..... general principle laid down by article 5 was that citizenship followed domicile at the commencement .....

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Sep 18 1973 (HC)

Sayed Ahmed Kabuli Vs. the State of Maharasthra

Court : Mumbai

Decided on : Sep-18-1973

Reported in : AIR1975Bom176; (1974)76BOMLR258

..... to entertain or try the suit was also questioned in view of the provisions of the citizenship act of 1955, hereinafter referred to as 'the act'.3. on evidence, the trial judge held that the plaintiff was a citizen of india at the commencement of the constitution. the suit filed after six years from the date of registration as foreigners was however, found ..... not disputed. during the pendency of the criminal proceedings inquiry under section 9(2) of the citizenship act read with rule 30 of the rules thereunder was held and by ..... thereof. their being citizens of india at the commencement of the constitution was not in dispute. the only question was with regard to the effect of their entering india on pakistani passports, gajendragadkar, j.. as he then was speaking for the court first overruled the view the possession of such passport operated as automatic cesser of the indian citizenship and observed follows (paragraph 6 ..... that his citizenship is terminated.'state of u.p. v. rahmatullah reported in : 1971crilj1103 was an appeal by the state against the acquittal by the high court of respondent-accused who the foreigners act, 1946, on the ground of his having entered india on 1.4.1955 on pakistan passport and having over-stayed in india illegally. that he was a citizen constitution was .....

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Mar 22 1973 (HC)

Niaz Khan Vs. the State of U.P. and ors.

Court : Allahabad

Decided on : Mar-22-1973

Reported in : 1973CriLJ1344

..... cannot rely on this. it is thus| clear that the petitioner does not satisfy the ingredients of article 5 of the constitution and was not a citizen of india at the commencement of the constitution. he does not claim to have acquired indian citizenship in any other manner. it therefore follows that he is a 'foreigner' and paragraph 3 of the order makes the ..... 'foreigner' means a person who 'is not a citizen of india.'11. article 5 of the constitution defines citizenship at the commencement of the constitution. it reads as under: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:(b) either of whose parents was born in the territory ..... of india; or(c) who has been ordinarily resident in the territory ..... of india for not less than .....

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Mar 09 1973 (HC)

State (Delhi Administration) Vs. Master Tameej

Court : Delhi

Decided on : Mar-09-1973

Reported in : 1974CriLJ100; 9(1973)DLT324; 1973RLR302

..... a citizen of india. but the constitution also deals with the abnormal sit ration that prevailed in the country about ..... fact in delhi. his parents are indian citizens and he must be. deemed to have india domicile on january 26, 1950. he could thus claim to be an indian citizen on the promulgation of the constitution on january 26, 1950. whether subsquently he renounced indian citizenship by obtaining a passport, and that too at the age of 10 or 11, and got his ..... in the majority judgment. his contentions are that admittedly the respondent having left india in 1947 his case is covered by article 7 of the constitution and so, the respondent is debarred from claiming indian citizenship. that he was only 3 to 4 years old at the. time he left india is immaterial for the purposes of article 7. the acquisition of a separate ..... have to look at the schems. of part ii of the constitution which deals with citizenship. the first article in that part is art 5 and it lays down the normal rule of citizenship. under that. article every person who has his domicile in. the territory of india at the commencement of the constitution and satisfies one of the three conditions laid down therein is .....

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Apr 24 1973 (SC)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Decided on : Apr-24-1973

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... a unitary system by abolishing all the states and the right of judicial review can be completely taken away. even the preamble which declares that the people of india gave to themselves the constitution, to constitute india into a sovereign democratic republic for securing the great objectives mentioned therein can be amended; indeed it can be completely repealed. thus, according to the respondents, ..... yardstick is furnished to the court except the trained judicial perception for finding the core or essence of a right, or the essential features of the constitution. consider for instance, the test for determining citizenship in the united states that the alien shall be a person of "good moral character" the test of a crime involving "moral turpitude", the test ..... living in this land and thereby helping the process of nation-building, but also and not less importantly to provide certain standards of conduct, citizenship, justice and fair play. in the background of the indian constitution, they were intended to make all citizens and persons appreciate that the paramount law of the land has swept away privilege and has laid ..... for, relating to, or connected with the, election of members of the house of representatives, to represent persons registered as citizens of ceylon under the indian & pakistani residents (citizenship act). this proviso shall cease to have effect on a date to be fixed by the governor-general by proclamation published in the gazette.(3) any law made in contravention .....

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Jun 25 1973 (FN)

Sugarman Vs. Dougall

Court : US Supreme Court

Decided on : Jun-25-1973

..... ii, 1, cl. 5. one might speculate what meaning art. iv, 2, cl. 1, has today. not only do the numerous classifications on the basis of citizenship that are set forth in the constitution cut against both the analysis used and the results reached by the court in these cases; the very amendment which the court reads to prohibit classifications based ..... the typist, and to the office worker, as well as to the person who directly participates in the formulation and execution of important state policy. the citizenship restriction sweeps indiscriminately. viewing the entire constitutional and statutory framework in the light of the state's asserted interest, the great breadth of the requirement is even more evident. sections 35 and 41 of ..... works appropriations act 1971, 502, pub.l. 91-439, 84 stat. 902. in deciding the present case, we intimate no view as to whether these federal citizenship requirements are or are not susceptible of constitutional challenge. see jalil v. hampton, 148 u.s.app.d.c. 415, 9-60 f.2d 923, cert. denied, 409 u.s. 887 (1972); comment ..... others, all elective offices, offices filled by legislative appointment, employees of the legislature, various offices filled by the governor, and teachers. no citizenship requirement is present there. other constitutional and statutory citizenship requirements round out the new york scheme. the constitution of the state provides that voters, art. ii, 1, members of the legislature, art. iii, 7, the governor and lieutenant-governor, .....

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Jun 25 1973 (FN)

In Re Griffiths

Court : US Supreme Court

Decided on : Jun-25-1973

..... 1-25 (emphasis added), appellant could not, of course, take the oath as prescribed. to the extent that the oath reiterates rule 8(1)'s citizenship requirement, it shares the same constitutional defects when required of prospective members of the bar. [ footnote 18 ] we find no merit in the contention that only citizens can in good conscience take ..... of connecticut syllabus appellant, a resident alien, was denied permission to take the connecticut bar examination solely because of a citizenship requirement imposed by a state court rule, which the state courts upheld against applicant's constitutional challenge. held: connecticut's exclusion of aliens from the practice of law violates the equal protection clause of the fourteenth amendment ..... of the senate, art. 1, 3, cl. 3. these and numerous other federal and statutory and constitutional provisions reflect, the committee contends, a pervasive recognition that "participation in the government structure as voters and office holders" is inescapably an aspect of citizenship. brief for appellee 11. offered in support of the claim that the lawyer is an "office holder" ..... state's ultimate interest here implicated is to assure the requisite qualifications of persons licensed to practice law. [ footnote 12 ] it is undisputed that a state has a constitutionally permissible and substantial interest in determining whether an applicant page 413 u. s. 723 possesses " the character and general fitness requisite for an attorney and counselor at law.'" .....

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Jun 21 1973 (FN)

Colgrove Vs. Battin

Court : US Supreme Court

Decided on : Jun-21-1973

..... states v. wong kim ark, 169 u. s. 649 (1898), where the court was called upon to define the term 'citizen' as used in the constitution." "the constitution nowhere defines the meaning of these words [the citizenship clause]. . . . in this, as in other respects, it must be interpreted in the light of the common law, the principles and history of which ..... defaulted. today, the court turns this practice inside out. it rejects what i take to be a clearly articulated legislative decision -- a decision, incidentally, which is fully consonant with constitutional requirements -- in order to draw its own arbitrary line. it does so, moreover, without any explanation for why it finds the legislative determination unsatisfactory and, indeed, with barely any ..... states, and the trial itself is usual in different cases in different states." "mr. king urged the same objections." "genl. pinckney also. he thought such a clause in the constitution would be pregnant with embarrassments." "the motion was disagreed to nem. con." id. at 628. james wilson of pennsylvania defended the omission at the pennsylvania convention convened to ratify ..... were familiarly known to the framers of the constitution." "169 u.s. at 169 u. s. 654 . history continues to be a wellspring of constitutional interpretation. indeed, history was even .....

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May 14 1973 (FN)

Moor Vs. County of Alameda

Court : US Supreme Court

Decided on : May-14-1973

..... . . . ,' u.s.const., art. iii, 2, and the relationship between that claim and the state claim permits the conclusion that the entire action before the court comprises but one constitutional 'case.' the federal claim must have substance sufficient to confer subject matter jurisdiction on the court. . . . the state and federal claims must derive from a common nucleus of operative fact ..... alleged in his complaint that he was a citizen of california, and therefore he was unable to assert jurisdiction over his state law claims on the basis of diversity of citizenship. [ footnote 6 ] see answer to complaint, moor v. madigan, app. 12; answer to complaint, rundle v. madigan, app. 29. [ footnote 7 ] subsequent to this decision with respect to the ..... the county. iii there remains, however, the question whether the district court had jurisdiction over petitioner moor's state law claim against the county on the basis of diversity of citizenship, 28 u.s.c. 1332(a). petitioner moor, a citizen of illinois, contends that the county is a citizen of california for the purposes of federal diversity jurisdiction. the ..... was a citizen of illinois, asserted in his complaint that the district court also had jurisdiction over his state law claim against the county on the basis of diversity of citizenship. [ footnote 5 ] initially, the defendants answered both complaints denying liability, although the county admitted that it had consented to be sued. [ footnote 6 ] thereafter, the county, arguing lack of .....

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Mar 21 1973 (FN)

San Antonio Indep. Sch. Dist. Vs. Rodriguez

Court : US Supreme Court

Decided on : Mar-21-1973

..... . certainly appellants' mere assertion before this court of the adequacy of the education guaranteed by the minimum page 411 u. s. 90 foundation school program cannot obscure the constitutional implications of the discrimination in educational funding and objective educational inputs resulting from the local property tax -- particularly since the appellees offered substantial uncontroverted evidence before the district court ..... the history, structure and principles of american government at all levels. in so doing, schools provide students with a background of knowledge which is deemed an absolute necessity for responsible citizenship." id. at 13-14. [ footnote 4/72 ] see j. guthrie, g. kleindorfer, h. levin, & r. stout, schools and inequality 103-105 (1971); r. hess & j. torney, the ..... to our democratic society. it is required in the performance of our most basic public responsibilities, even service in the armed forces. it is the very foundation of good citizenship. today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to ..... to our democratic society. it is required in the performance of our most basic public responsibilities, even service in the armed forces. it is the very foundation of good citizenship. today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to .....

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