Court : Delhi
Reported in : 137(2007)DLT195
..... whilst moving the bill the statement of objects and reasons were as follows:statement of objects and reasonsthe citizenship act, 1955 which provides for the acquisition of citizenship, after the commencement of the constitution by birth, descent, registration, naturalization and incorporation of territory under certain circumstances, and also provides for the termination and deprivation of citizenship, was among those 109 central acts identified for a review by the commission on review of administrative laws constituted by the central government under ..... thereforee, to say that it was only pursuant to article 5 of the constitution if a person was accorded citizenship of the country, he/she will have political rights as well as civic rights and those who have acquired citizenship pursuant to citizenship act, 1955 will only have civic rights and not political rights is mis-conceived.92. ..... it was, thereforee, contended that pursuant to the enactment of citizenship act, 1955 there was no grey area which requires the citizenship to be only in terms of article 5 of the constitution of india de hors citizenship act, 1955, which was enacted pursuant to the mandate of article 11 of the constitution of india. 55. mr. ..... this itself shows that it was a well considered decision and that is how the citizenship act, 1955 came into existence after five years of coming into force of the constitution of india. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj226; 1963CriLJ265; (1963)0GLR1073
..... provisions of the citizenship act of 1955 sub-section (i) of section 9 of the citizenship act, 1955 provides that--'if any question arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf'.but the questions whether a person has renounced his citizenship under section 8 of the citizenship act and whether a person has been deprived of his citizenship under section 10 of the citizenship act, 1955, are matters ..... to which section 9(2) of the citizenship act does not apply and they can be decided by courts.11. ..... this section also doesnot prohibit the use in court of the fact that theproper, authority namely the central governmenthas determined under section 9(2) of the citizenship act,'1955 that the accused has not voluntarily acquiredthe citizenship of another country between 26-1-50 and 13-10-1957. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All79
..... what we mean is that india did not recognize him as a citizen of pakistan.the appellant, not being recognised as a citizen of pakistan, could not, therefore, come within the provisions of section 5(1)(e) of the citizenship act, 1955, and consequently, any application for registration made by him could not be governed by this provision of law.in this view, it is unnecessary to go into the further question whether, if the appellant's case had fallen simultaneously within the ..... it was further pleaded that, even if the case of the appellant fell under section 5(1)(a) of the citizenship act, 1955, section 5(3) of that act applied to him.the reason for these contentions by the two parties is that a person covered by the provisions of section 5(l)(a) of the act can obtain registration from the collector of a district, whereas the persons, whose cases fall under section 5(l)(c) or section 5(3) of the citizenship act, 1955, can obtain registration only from the central government. ..... there is, however, the question whether the appellant's case is also covered by the provisions of clause (e) of sub-section (1) of section 5 of the citizenship act, 1955, and, if so, what would be its effect on the question as to who would be the appropriate authority from whom he had to obtain the certificate of registration. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom235; (1964)66BOMLR216; 1964CriLJ399; ILR1964Bom278
..... the learned additional chief presidency magistrate observed as follows:'section 9(2) of the citizenship act, 1955, provided that 'if any question arises as to whether, when or how, any person had acquired the citizenship of another country, it shall be determined by such authority, in such manner and having regard to such rules of evidence, as may be ..... view which he took ho relied on the provisions of section 9 of the citizenship act, 1955, and the rules framed thereunder. ..... as i will presently point out, the question as to whether any decision under section 9 of the citizenship act and under the rules framed thereunder, is necessary is dependent on whether a person, in the first instance, was an indian national and, further, whether subsequently he acquired the ..... 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, and the commencement of this act voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement cease to be a citizen of india:provided that nothing in this sub-section shall apply to a citizen of india, who, during any ..... change in nationality has taken place is taken out of the jurisdiction of courts, and that question is left to be decided solely by such authority as may have been prescribed under the provisions of section 9 of the citizenship act and the rules framed thereunder. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All165; 1969CriLJ450
..... the acquisition of the citizenship of a foreign country did not automatically make the applicant a foreigner for purposes of section 14 of ..... main question which was put on behalf of the applicant, however, was that even if he had acquired citizenship of pakistan and the decision of the central government on that question is final under sub-section (2) of section 9 of the citizenship act 57 of 1955 read with rule 30 of the citizenship rules, 1956, all that the central government could decide was that the applicant had acquired citizenship of pakistan with effect from the date determined by the central government and that ..... . the central government may determine the date of the acquisition of foreign citizenship somewhere between the 26th january, 1950 and the commencement of the citizenship act, but that would not be the date of loss of citizenship of india, as sub-section (1) clearly provides that in all such cases in which the date of acquisition of foreign citizenship is between the 26th january, 1950 and the commencement of the citizenship act, 1955 that date will be the date of the commencement of the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1382; 1971CriLJ1103; (1971)2SCC113; [1971]SuppSCR494
..... the citizenship act, 1955, having been published in the gazette of india on december 30, 1955, was also not in force at the time when the ..... was said:it is now well settled that the question as to whether a person who was a citizen of this country on january 26, 1950, has lost his citizenship thereafter, has to be determined under the provisions of section 9 of the citizenship act, 1955 (no. ..... made by the central government under section 9(2) of the citizenship act is final and since the respondent has been held to have acquired citizenship of pakistan before march 15, 1955, his entry into india after that date and his subsequent continued stay in this country after the expiry of the extended period on may 22, 1955, would amount to an offence punishable under section 14 of the foreigners act.as will presently be shown the real question which arises ..... of the present criminal proceedings an inquiry was made by the central government under section 9(2) of the citizenship act read with rule 30 of the citizenship rules, 1956, and by means of an order dated november 5, 1964, it was determined that the respondent had acquired citizenship of pakistan after january 26, 1950, and before march 15, 1955. ..... clearly a citizen of india at the commencement of the constitution and the question arose whether he had lost indian citizenship thereafter, the central government had to determine under section 9 of the citizenship act the question of the acquisition of pakistan nationality by the respondent. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1534; (1986)88BOMLR301; 1986(1)SCALE606; (1986)4SCC78; [1986]2SCR823
..... lady and had acquired properties in his own name as well as in the name of his wife in italy the respondent must be deemed to have acquired italian citizenship as per the italian law and ceased to be an indian citizen under section 9 of the citizenship act, 1955 and that, therefore, under sub-clause (d) of clause (1) of article 102 of the constitution the respondent was disqualified for being chosen as a member of the ..... article 5 of the constitution, there was no allegation that there had been a decision given on the question whether he had ceased to be a citizen of india by the competent authority under the citizenship act, 1955 nor was it the case of the appellant before us that there was any such adjudication till today declaring that the respondent had ceased to be a citizen of india. ..... 9(2) of the citizenship act, 1955 does not derogate from the plenary powers of the high court in trying an election petition under the representation of the people act, 1951 but only leads to a harmonious way in which the two types of issues, namely, the issues relating to the validity of an election to either house of parliament or of a state legislature and the issues relating to loss of indian citizenship on the acquisition of the citizenship of a foreign ..... held to be a citizen of india, unless there is a decision of the central government under section 9(2) of the citizenship act, 1955 that he has acquired the citizenship of a foreign country, he should be presumed to be an indian citizen. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom274; (1977)79BOMLR105
..... has acquired the citizenship of another country, but the only authority to so decide is the government of india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955. ..... citizenship act, 1955, and rule 30 read with schedule iii of the citizenship ..... has construed and toned down the scope and operation of schedule iii by a harmonious reconciliation of the paragraphs of that schedule with the provisions contained in section 9 of the citizenship act, 1955. ..... vires the citizenship act, 1955. ..... 1970 passed by the joint secretary to the government of india, ministry of home affairs, new delhi, determining the status of the petitioner under section 9(2) of the citizenship act, 1955. ..... that this was a rule of evidence and fell within the scope prescribed by section 9(2) of the citizenship act, and the challenge to its validity on the ground that it was a rule of substantive law ..... the question whether a citizen of india has between 26th january 1950 and the commencement of the citizenship act ceased to be a citizen of india is to be determined in the manner provided by the combined ..... (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january 1950 and the commencement of this act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of india:provided that nothing in the subsection .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP106
..... who by virtue of article 7 have been deemed no longer to be citizens of india, can only regain citizenship by returning to the territory of india under a permit for resettlement or a permit issued by any authority under the law, and if he has not regained his citizenship before the enactment of the citizenship act 1955, that act will have no application to him, he-cause it does not deal with regaining of citizenship already lost under article 7 of the constitution. ..... conclusion, merely stated thus :'i may make it clear that if a person at the commencement of the constitution is not a citizen of india or is deemed not to he so under article 7 then he can be treated as a foreigner unless subsequently he acquires or has acquired citizenship of this country under the provisions of the citizenship act of 1955. ..... this question would depend upon the relevant provisions of the constitution of india and the citizenship act of 1955. ..... of law of pakistan referred to before that bench by which it could be considered that the mere obtaining of a pakistani passport would confer pakistani citizenship on the grantee.in the absence of any such proof, the question of voluntary acquisition of citizenship of another country without a change of domicile was a matter which had to he determined under the citizenship act and in so determining it was held that rule 3, which lays down that the obtaining of a passport of another country by a citizen of ..... is that embodied in the citizenship act lvii of 1955. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H261
..... 7 of the constitution the petitioner and his family members should be deemed not to be citizens of india nor is its case that the petitioner's citizenship had been terminated by the central government after proceedings had been taken in accordance with rule 30 read with schedule ill made under the citizenship act of 1955.the delhi state, however, has given certain facts in the written statement filed in this court relating to the petitioner's visits to pakistan and ..... the learned counsel for the respondent has relied on the foreigners act 1946 and the citizenship act, 1955 as relevant for the purposes of the present discussion. ..... for these reasons, i hold that the authorities under the foreigners act, 1946, had no power and jurisdiction to order the deportation of the petitioner, his wife and his child to pakistan without the previous decision of the central government under section 9(2) of the citizenship act 1955 that the petitioner and his family members had lost the citizenship of india on the ground that they had acquired citizenship of pakistan.17. ..... the central government may in certain circumstances deprive a citizen of his citizenship (section 10).in case of doubt the central government may certify that a person with respect to whose citizenship a doubt exists has prima facie satisfied the government that, the person concerned is a citizen of india under the constitution or under the citizenship act, 1955 and is recognised as such. .....
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