Court : Delhi
Decided on : Nov-24-2006
Reported in : 137(2007)DLT195
..... unbridled and parliament could legislate on all such matters. as a matter of fact, after a careful reading of the words occurring in article 11 of the constitution of india 'all other matters relating to citizenship' power was given to the parliament and if parliament in its wisdom wanted foreign born person not to hold an executive or a public office i.e ..... historical setting of the country and, thereforee, one has to fall back for its content and effect on article 5 of the constitution of india. article 11 of the constitution is to the following effect:parliament to regulate the right of citizenship by law - nothing in the foregoing provisions of this part shall derogate from the power of parliament to make any provision with ..... and aliens. on the basis of entry 17 in list i of seventh schedule pursuant to power given under article 246 of the constitution of india, the parliament had exclusive power to make laws on citizenship, and, thereforee, the argument of the petitioner that the power of the parliament to make laws could only be subject to the provision of article 5 of ..... being ignorant and illiterate no effective debate on the subject took place. it was thus contended that subsequent article 11 of the constitution cannot delegate the power of making citizenship de hors the control imposed in article 5 of the constitution of india. 8. the debate at page 987 of book no. 5 vol. no. x-xii index to constituent assembly debate was also .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-05-2006
Reported in : 2006(13)SCALE33; (2007)1SCC174
..... of mind would be necessary on the part of the authorities of the central government.even in terms of the 1964 order, keeping in view the provisions of the constitution of india, the citizenship act and the 1946 act as interpreted by this court in sonowal i, it was the solemn duty of the central government to make a reference. a discretionary jurisdiction ..... proceeded as he would be possessing the necessary documents to show that he is a citizen not only within the meaning of the provisions of the constitution of india but also within the provisions of the citizenship act.it was stated:26. there is good and sound reason for placing the burden of proof upon the person concerned who asserts to be a ..... , however, be any doubt whatsoever that adequate care should be taken to see that no genuine citizen of india is thrown out of the country. a person who claims himself to be a citizen of india in terms of the constitution of india or the citizenship act is entitled to all safeguards both substantive and procedural provided for therein to show that he is a ..... yet to enter the indian territory.15. articles 5, 6 and 11 of the constitution of india read as under:5. citizenship at the commencement of the constitution.-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 of .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-26-2006
Reported in : AIR2006Raj284
..... the territory of india and-- (c) who was born in the ..... 1955 read with rule 30 of the citizenship rules, 1956? 33. for ready reference, article 5 of the constitution of india, section 9 of the citizenship act, 1955 and rule 30 of the citizenship rules, 1956, are reproduced as under:article 5 of the constitution 5. citizenship at the commencement of the constitution.-- at the commencement of this constitution every person who has his domicile in ..... 9(2) and 18(2)(h) of the citizenship act, 1955 and the rule 30 and schedule iii of the citizenship rules, 1956, the central government alone is constituted as the authority to decide the question of voluntary acquisition of citizenship of a foreign country and consequent determination of the citizenship of india. no other court or authority has the power to ..... territory of india: or (d) either of whose parents was born in the territory of indial; or (e) who has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-22-2006
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... to be chosen as a member of parliament, that is qualifications other than those given in article 84 (a) & (b) that relate to citizenship of india, oath or affirmation inter alia of faithfulness and allegiance to the constitution and the prescription about minimum age.87. it has been contended that article 80(4), by using the expression 'representatives of each state' emphasizes ..... to the appropriate legislature to define the necessary standards later. whatever qualifications may be prescribed, one of them would certainly have to be the citizenship of india.to sum up, the legislative history indicates that residence is not a constitutional requirement of clause (4) of article 80. residence is a matter of qualification. therefore, it comes under article 84 which enables the ..... of the council of states as it may deem necessary or proper; that is, qualifications other than the two constitutionally prescribed under article 84(a) and (b), viz., citizenship of india and minimum age (not less than 30 years).128. apart from the above, the constitution does not put any restriction on the legislative powers of the parliament in this regard. if the ..... so declared by a competent court;(iii) is an un-discharged insolvent;(iv) is not a citizen of india or has voluntarily acquired a citizenship of a foreign state etc;(v) is so disqualified under any law made by the parliament.120. the constitution, thus, has no requirement that a person chosen to represent a state in the council of states must .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-08-2006
Reported in : 2007(1)KarLJ1
..... conditions where there remains no necessity to shield or protect rights of a minority or majority. the constitution has accepted one common citizenship for every indian regardless of his religion, language, culture or faith. the only qualification fir citizenship is a person's birth in india. such enlightened citizenship has to be developed where each citizen, of whatever religion or language, is more concerned about ..... to develop citizenship in which everyone enjoys full fundamental freedoms of ..... his duties and responsibilities to protect rights of the other group than asserting his own rights. the constitutional goal is .....Tag this Judgment!
Court : Chennai
Decided on : Dec-02-2006
Reported in : (2007)209CTR(Mad)305
..... in that case had been on erroneous lines since the special rule of the burden of proof had been disregarded. 22. in : air1962sc1052 [izhar ahmad v. union of india], which arose under the citizenship act, there is reference to various texts with regard to presumption. the supreme court in this case observed as follows :in other words, the rule takes away judicial ..... as the necessity and desirability whereof. the consideration so made by the courts below in rejecting the claim of the appellant, could not be held to be either condemnable or constitute any gross or improper failure to exercise their jurisdiction and consequently, it does not call for any interference in our hands. therefore, the appeal fails and shall stand dismissed. ..... learned trial magistrate had come to the conclusion that a prima facie case had been made out, largely based on the statutory presumption under section 278e of the act, the constitutional validity of which was challenged in writ petition nos.23581 to 23584 of 2006. those writ petitions have been dismissed today by a separate order. therefore, the petitioners cannot ..... of equality. the court observed that the sub-sections operate in different fields and that there is a rationale behind the classification, the equality contemplated under article 14 of the constitution cannot be considered to have been violated. the contention which has been raised is based mainly on the ground that since the respondents have already been compensated, parliament could not .....Tag this Judgment!
Court : Patna
Decided on : May-19-2006
..... cutcherry so established started functioning after the 1947 act came into force.4. on 26th january, 1950, the people of india adopted the constitution of india and thereby constituted india into a sovereign democratic republic. in order to achieve democracy, it provided for citizenship and granted universal suffrage to its adult citizens. it also separated the powers of the executive, the legislature and the ..... 10 years so fixed has now been raised to 60 years by several amendments. in order to achieve federal structural, it constituted the union and the states and earmarked their area of operation. one of the objects of constituting india as a sovereign democratic republic was to secure to all its citizens justicesocial, economic and political and at the same ..... time to provide for equality to all of status and opportunity. in order to achieve justicesocial, economic and political, in part iv of the constitution various directions have been given, which ..... of the seats in an elected body, entitle to govern, is permissible.32. democracy is one of the basic structures of the constitution. democracy means rule of the nation by the majority of its people. the constitution of india has identified the people, the majority of which will rule the nation. it has provided for universal adult franchise and accordingly, has .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-24-2006
Reported in : 2006(5)ALD783
..... to the 4th respondent without initiating the land acquisition proceedings and deprived the owners of their valuable properties, which is contrary to article 300a of constitution of india.(iii) the state having recognized the title to the property in survey no. 28, having initiated land acquisition proceedings and issued pattadar pass books ..... is wholly without jurisdiction and it amounts to gabbing by misuse of power vested in the state, which is contrary to article 300a of the constitution of india.10. the third respondent filed counter-affidavit wherein it was pleaded that originally mrs. jeelani begum is the pattedar of the land bearing survey ..... vests with the custodian of the enemy property. it is also stated that hence the transactions made by the original owner who settled and obtained citizenship of pakistan of the subject property in favour of any has to be treated as null and void. since the property has already deemed ..... mrs. jeelani begum was pattedar of the land bearing survey no. 28 at miyapur village and she had migrated to pakistan and obtained the citizenship of pakistan on 2.4.1976 and hence she cannot get back the property held in her name in the country under the provisions of ..... no. 28 at miyapur village and she had migrated to pakistan and she obtained citizenship of pakistan on 2.4.1976 and she cannot get back .....Tag this Judgment!
Court : Orissa
Decided on : Apr-13-2006
Reported in : AIR2006Ori124
..... a foreign country, ceased to be a citizen of india. the supreme court, no doubt held that whatever may be the proceeding in which he question of loss of citizenship of a person arised for consideration, the decision in that proceeding on the said question should depend upon the decision of the authority constituted for determining the said question under section 9(2 ..... ) of the citizenship act, 1955. but, however, the supreme court presuming that the high court has jurisdiction to decide the said question held that the allegation made in the election ..... petition regarding acquisition of citizenship of a foreign country by the respondent were wholly inadequate to record any finding in favour of the appellant since it is not shown that there is any provision in ..... our law which provides that a person would automatically lose his indian citizenship on his marriage with a person who is a citizen of a foreign country or by acquiring property in a foreign country.however, in the present case, the primary question .....Tag this Judgment!
Court : Chennai
Decided on : Dec-02-2006
Reported in : 288ITR225(Mad)
..... to discharge the burden of not possessing the criminal intent and proving it beyond reasonable doubt. according to the petitioners, the impugned provision violates article 21 of the constitution of india and their right to pray for discharge from the criminal proceedings has been negated merely on the basis of the impugned provision. according to the petitioners, the guarantee ..... wide judge-proof areas of policy and judgment open to the government, if they make mistakes, correction is not in court but elsewhere. that is the comity of constitutional jurisdictions in our jurisprudence..we are not unmindful of the possibilities of village victuallers and tiny grocers being victimised by dubious enforcement officials which may exacerbate when punishments become harsher ..... the burden of proving absence of culpable mental state on to the accused and requiring the same to be established beyond reasonable doubt, the rights guaranteed by the constitution under article 21 are violated.(2) the impugned provision runs counter to the well recognised principles of accusatorial system which requires the prosecution to establish the culpable mental state ..... in that case had been on erroneous lines since the special rule of the burden of proof had been disregarded. 30. : air1962sc1052 [izhar ahmad v. union of india] arose under the citizenship act. in this judgment, there is reference to various texts with regard to presumption. the supreme court in this case observed as follows :it is conceded, and .....Tag this Judgment!