Citizenship

Introduction
The Population of a State is divided into two classes- Citizens and Aliens or Foreigners
A Citizen is a person who enjoy full civil and political rights.
Citizenship carries with it certain advantages conferred by the Constitution.
Some Fundamental Rights are available to only to the citizens, such as , Article 15, 16, 19, 29
and 30.
There are certain offices under the Constitution which can be occupied by the citizens only.
The right to vote and to contest election is available to the citizens only.
Difference between Citizenship and Nationality
Citizenship:
It refers to the relationship of an individual with the State from the internal aspect.
Citizenship is a concept of Municipal Law.
Citizens are those persons who enjoy political rights, such as, right to vote, right to contest
elections etc.
All Citizens must be Nationals.
Nationality:
It refers to the relationship of an individual with the State from the international aspect.
Nationality is a concept of International Law.
National are those persons who are political members of that State but do not enjoy political
rights.
But all Nationals may not be its Citizens.
Concept of Citizenship Under Constitution and Indian Citizenship Act, 1955
The Constitution does not lay down a permanent provision relating to citizenship in India.
Part II of the Constitution simply describes classes of persons who would be deemed to be the
citizens of India at the commencement of the Constitution, the 26th January, 1950.
Article 11 of the Constitution empowers the Parliament to make law for regulating the
Citizenship of the persons.
Parliament, in exercise of its powers has enacted the Indian Citizenship Act, 1955.\
This Act provides for the acquisition and termination of citizenship subsequent to the
commencement of the Constitution.
Citizenship Under Indian Constitution
Though India is a Federation having two levels of government Centre and the States--there is
only single citizenship, viz., the Indian citizenship, and no separate State citizenship.
Articles 5 to 11 in the Constitution lay down as to who are the citizens of India at the
commencement of the Constitution, i.e., on January 26, 1950. These citizens have been
classified into:
(1) citizens by domicile [ under Article 5];
(2) citizens by migration [ under Article 6 and 7], and
(3) citizens by registration [ under Article 8]
Citizenship By Domicile (Article 5)
A person is entitled to Citizenship by domicile if he fulfils the following two Conditions;
(1) Firstly, He must, at the commencement of the Constitution, have his domicile in the
territory of India.
(2) Secondly, Such person must fulfils any one of the three conditions laid down in this
Article, namely;
(a) he was born in India;
(b) either of whose parents was born in India;
(c) He must has been ordinarily resident in India for not less than five years immediately
preceding the commencement of the Constitution.
What is Domicile ?
There is a difference between Domicile and Residence
Domicile means when a person has or deemed by law a permanent house with intention to
reside permanently in that country.
Residence alone in a place is not sufficient to constitute domicile. It must be accompanied by
the intention to make it his permanent home.
However, this is only legal concept to determine the citizenship.
Classification of Domicile
There are two main classes of domicile viz., domicile of origin and domicile of choice.
Domicile of Origin: is a domicile a person has from birth. It can be the home of an
individual's parents. The domicile of origin is the domicile which a child acquires by law,
when s/he becomes an independent person by birth.
Domicile of Choice : is one chosen by the party himself. ... An independent person can
acquire a domicile of choice by changing his/her residence with an intention to make that
residence his/her permanent residence. A domicile of choice is a self acquired domicile.
In Pardeep Jain v. Union of India,
The Supreme court has held that “in India Article 5 recognizes only one domicile viz.,
Domicile of India. It does not recognise the notion of State domicile. When a person who is
permanently resident in any one state goes to another State with intention to reside there
permanently his domicile does not change and he does not acquire a new domicile of choice.
India is not a federal State in the traditional sense of the term. It has only one citizenship viz.,
the citizenship of India.”
Exercise 1:
In Mohammad Raza v. State of Bombay, AIR 1956 SC 1436
Facts: The appellant came to came to India in 1938. He went on pilgrimage to Iraq in 1945.
On return he was registered as a foreigner and several times his stay in India was extended. In
1955 his request to extend the stay period was refused. He contended that he must be
registered as a citizen of India under Article 5.
The Court held that though he was original resident, he did not acquire Indian Citizenship
because he did not have domicile in India. When the appellant returned from Iraq, he took
over the job of a cashier in a hotel. That was itself was held insufficient to establish that he
has requisite permanent intention to reside in India.
Exercise 2 :
Louis De Raedt v. Union Of India, (1991) 3 SCC 554
Facts: The petitioners came to India before Independence and were staying for more than 5
years on the basis of foreign passport and residential permits. They were engaged in Christian
missionary work. Their further application for stay in India was rejected by the Government
of India. They contended they become citizen of India by virtue of Article 5 (c) of the
constitution as they were staying in India for more than 5 year.
The Court held that they have failed to establish that they had an intention to reside in India
permanently. The petitioners did not have their domicile in India.
Exercise 3 :
Aslam Khan v. Fazal Khan AIR 1959
Facts – In this case a person in Government service, who was given the choice for opting for
India or Pakistan, actually went to Pakistan, served there under the Government of Pakistan,
but who subsequently resigned his job there and came to India. And file an application for
citizenship of India.
The supreme Court held he cannot claim the Indian Citizenship under section 5 as he never
had any intention to reside in India permanently. Intention is an important element in
determining the domicile of a person. It can be inferred from the conduct of the persons.
Citizenship of Migrants to India from Pakistan (Article 6)
Persons who have migrated from Pakistan to India have been classified into two categories
for the purpose of citizenship, i.e.,
(1) Those who came to India before July 19,1948
(2) Those who came on or after July, 19, 1948
Article 6 Provides that a person who has migrated to India from Pakistan shall be deemed to
be citizen of India at the commencement of the Constitution, i.e., on 26th January, 1950, if he
or either of his parents or any of his grandparents were born in India as defined in the
Government of India Act, 1935, and in Addition to this condition which applies in both cases
fulfils one of the following two conditions:-
(1) In case he migrated to India before July 19, 1948 he has been ordinarily residing in
India since the date of his migration; or
(2) In case he migrated on or after July 19, 1948 he has been registered as citizen of India
by an officer appointed by the Government of India for the purpose
Provided that no person shall be so registered unless he has been residing in India for at least
six months immediately before the date of his application for the registration.
Citizenship of Migrants to Pakistan from India (Article 7)
Under Article 7 a Citizen by domicile (Article 5) or by migration (Article 6) ceases to be a
citizen if he has migrated to Pakistan after march 1,1947.
An exception is, however, made in favour of a person who has returned to India on the basis
of permit for resettlement in India.
Such a person is entitled to become a citizen of India if he fulfils other conditions necessary
for the immigrants from Pakistan before or after July 19, 1948, under Article 6.
He can registered himself as citizen of India in the same manner as a person migrating from
Pakistan after July 19, 1948.
What do you mean by Migration?
What do you mean by Migration?
Meaning of Migration
The Meaning of the term Migration came for consideration before the Supreme Court in
Kulathil v. State of Kerala.
According the court the term migrated used in Article 6 and 7 has to be construed with
reference to the context and purpose and the prevailing political conditions at the time the
Constitution was being enacted .
So interpreted, the word “migrated” was used in a wider sense of moving from India to
Pakistan or vice versa with qualification that such movement was not for a short visit or for a
special purpose.
It means voluntarily going from India to Pakistan permanently.
Exercise 1
State of Bihar v. Kumar Amar Singh
Facts: (1) One Lady named Rani, who was admittedly born in the territory of India and
claimed to be the lawfully wedded wife of an Indian citizen whose domicile was India at all
the material times, left India for Pakistan in July 1948.
(2) Returned to India in December, 1948 on a temporary permit and went back to Pakistan in
April 1949.
(3) On May 14, 1950 she came back to India under permanent permit obtained from High
Commissioner for India in Pakistan, Which was cancelled on July 12, 1950, because it was
wrongly issued without the concurrence of the Government .
She contended first that she had never ceased to be a citizen of India because she was born in
India and her domicile was the domicile of her husband who was an Indian and consequently
she was a citizen of India.
She contended, alternatively that the proviso to Article 7 applied to her since she had returned
to India on a permanent permit and the subsequent cancellation of the permit was illegal and
irrelevant.
It was held that “there could be no doubt that the lady must be held to have migrated from the
territory of India after March 1, 1947, although her husband stayed in India.
She could not proved that she went to Pakistan for a temporary purpose.
Article 7 clearly overrides Article 5.
Article 7 makes no exception for such a case, i.e., of the wife migrating to Pakistan leaving
her husband in India.
Exercise 2
Bhanwaro Khan v. Union of India, AIR 2002
Facts: A lady Bhanwaro Khan had claimed India Indian Citizenship on the ground that she
had returned to India in 1955 and had been living here since then. Her name had been also
included in the voter list.
The Supreme Court held that those who had voluntary migrated to Pakistan and become
citizens of Pakistan cannot claim the citizenship of India on the ground of long stay in India,
even their names have been included in the voter list .
Citizenship By Registration (Article 8)
According to Art. 8, a person who, or either of whose parents, or any of whose grandparents,
was born in India (before independence) but who is ordinarily residing in any country outside
India and Pakistan, may register himself as a citizen of India with the diplomatic or consular
representative of India in the country of residence – on application made by him to such
diplomatic or consular representative, whether before or after 26th January 1950, in the form
and manner prescribed by the Government of India.
This provision confers Indian citizenship on a person who prima facie has no domicile in
India and it seeks to cover the overseas Indians who may want to acquire Indian citizenship.
Article 9 provides that if a person voluntarily acquires the citizenship of any foreign State he
shall not be able to claim citizenship of India under Article 5, 6, and 8.
Article 10 provides that every person who is or deemed to be a citizen of India under any of
the foregoing provisions shall continue to be a citizen of India subject, however, to the
provision of any law that may be made by Parliament.
Article 11 empowers the Parliament to make law for the purpose of regulating the provisions
of citizenship after the commencement of the Constitution.
Citizenship under Indian Citizenship Act 1955
The Act provides for five ways for acquiring Indian citizenship, viz.,
(a) Birth; (Section 3)
(b) Descent; (Section 4)
(c) Registration; (Section 5)
(d) Naturalisation (Section 6) and
(e) incorporation of some territory into India.(Sec. 7)
CITIZENSHIP BY BIRTH (Section 3)
According to section 3, a person born in India on or after the 26th January, 1950, shall be a
citizen of India by birth.
However no such person as above said shall be a citizen of India, if at the time of his birth-
(a) his father or mother possesses such immunity from suits and legal processes as is
accorded to an envoy of a foreign sovereign power and he or she is not an Indian citizen.
(b) His father or mother is an enemy alien and his birth takes place in a territory then under
enemy occupation.
The Citizenship (Amendment) Act, 1986, amends Section 3 and provides that a person born
in India on or after the commencement of this Amendment Act, shall be a citizen of India if
at the time of his birth either of the parents is a citizen of India.
The Citizenship (Amendment) Act, 2003, amended Section 3 to the effect that a person born
in India on or after the commencement of this Amendment Act, shall be a citizen of India by
birth if at the time of his birth (i) both of his parents are citizen of India (ii) one of whose
parents is a citizen of India and the other is not an illegal migrant.
Citizenship by Descent (Section 4)
A person born outside India on or after January 26, 1950, Shall be a citizen of India by
descent, if, at the time of his birth, his father is a citizen of India.
However, if the father of such a person is himself a citizen of India by descent, then, such a
person shall not be a citizen of India unless-
 (a) His birth is registered at the Indian Consulate, or
(b) his father is, at the time of his birth, in the service under a Government of India.
The birth of such a person can be registered, with the Indian Consulate, within one year of its
occurrence or within one year of the commencement of the Citizenship Act, 1955, which ever
is later, or within such period as extended by the Government of India.
The Citizenship (Amendment) Act 1992 amended Section 4 to the effect that in place of the
word “his father”, the words “either of his parents” have been added. Thus, a person born
outside India shall be a citizen of India if at the time of his birth either of his parents is a
citizen of India.
The Citizenship (Amendment) Act, 2003 has amended Section 4 to the effect that the birth of
such a person as aforesaid shall not be registered on or after the commencement of this
Amendment Act unless the parents of such person declare, in such form and in such manner
as may be prescribed, that the minor does not hold the passport of another country. A minor,
who is a citizen of India by virtue of this section and is also a citizen of any other country,
shall cease to be a citizen of India if he does not renounce the citizenship of another country,
within six months of attaining full age.
Citizenship by Registration (Section 5)
(1) Subject to the provisions of this section and such other conditions and restrictions as
may be prescribed, the Central Government may, on an application made in this
behalf, register as a citizen of India any person not being an illegal migrant who is not
already such citizen by virtue of the Constitution or of any other provision of this Act
if he belongs to any of the following categories, namely:―
(a) a person of Indian origin who is ordinarily resident in India for seven years before
making an application for registration;
(b) a person of Indian origin who is ordinarily resident in any country or place outside
undivided India;
(c) a person who is married to a citizen of India and is ordinarily resident in India for seven
years before making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents are registered as citizens of India under
clause (a) of this sub-section or sub-section (1) of section 6;
(f) a person of full age and capacity who, or either of his parents, was earlier citizen of
independent India, and is ordinarily resident in India for twelve months immediately before
making an application for registration;
(g) a person of full age and capacity who has been registered as an Overseas Citizen of India
Cardholder for five years, and who is ordinarily resident in India for twelve months before
making an application for registration
Explanation 1.―For the purposes of clauses (a) and (c), an applicant shall be deemed to be
ordinarily resident in India if―
 (i) he has resided in India throughout the period of twelve months immediately before
making an application for registration; and
(ii) he has resided in India during the eight years immediately preceding the said period
of twelve months for a period of not less than six years.
Explanation 2.―For the purposes of this sub-section, a person shall be deemed to be of
Indian origin if he, or either of his parents, was born in undivided India or in such other
territory which became part of India after the 15th day of August, 1947.
(1A) The Central Government, if it is satisfied that special circumstances exist, may after
recording the circumstances in writing, relax the period of twelve months, specified in
clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of
thirty days which may be in different breaks.
(2) No person being of full age shall be registered as a citizen of India under sub-section (1)
until he has taken the oath of allegiance in the form specified in the Second Schedule.
(3) No person who has renounced, or has been deprived of, his Indian citizenship or whose
Indian citizenship has terminated, under this Act shall be registered as a citizen of India under
sub-section (1) except by order of the Central Government.
(4) The Central Government may, if satisfied that there are special circumstances justifying
such registration, cause any minor to be registered as a citizen of India.
(5) A person registered under this section shall be a citizen of India by registration as from
the date on which he is so registered; and a person registered under the provisions of clause
(b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by
registration as from the commencement of the Constitution or the date on which he was so
registered, whichever may be later.
(6) If the Central Government is satisfied that circumstances exist which render it necessary
to grant exemption from the residential requirement under clause (c) of sub-section (1) to any
person or a class of persons, it may, for reasons to be recorded in writing, grant such
exemption.
Citizenship by Naturalisation
Section 6 - Citizenship by naturalisation.―(1) Where an application is made in the
prescribed manner by any person of full age and capacity not being an illegal migrant for the
grant of a certificate of naturalisation to him, the Central Government may, if satisfied that
the applicant is qualified for naturalisation under the provisions of the Third Schedule, grant
to him a certificate of naturalisation. The qualification for naturalisation are the following:
(a) that he is not a citizen of any country where citizens of India are prevented by law or
practice of that country from becoming citizens of that country by naturalisation;
(b) that, he has renounced the citizenship other country,
(c) that he has either resided in India or been in the service of a Government in India or partly
the one and partly the other, throughout the period of twelve months immediately preceding
the date of the application;
Provided that if the Central Government is satisfied that special circumstances exist, it may,
after recording the circumstances in writing, relax the period of twelve months up to a
maximum of thirty days which may be in different breaks.
(d) that during the fourteen years immediately preceding the said period of twelve months, he
has either resided in India or been in the service of a Government in India, or partly the one
and partly the other, for periods amounting in the aggregate to not less than eleven years;
(e) that he is of good character;
(f) that he has an adequate knowledge of a language specified in the Eighth Schedule to the
Constitution; and
(g) that in the event of a certificate of naturalisation being granted to him, he intends to reside
in India, or to enter into, or continue in, service under a Government of India or under an
international organisation of which India is a member or under a society, company or body of
persons established in India:
Provided that the Central Government may, if in the special circumstances of any particular
case it thinks fit,―
(i) allow a continuous period of twelve months ending not more than six months before the
date of the application to be reckoned, for the purposes of clause (c) above, as if it had
immediately preceded that date;
(ii) allow periods of residence or service earlier than fifteen years before the date of the
application to be reckoned in computing the aggregate mentioned in clause (d) above.
Citizenship by incorporation of the Territory ( Section 7)
Section 7, provides that if any territory, not being part of the territory of India, becomes a part
of the territory of India, the Government of India may, by order, notified in the official
Gazette, specify the persons, who are residents of such territory, to be citizens of India from
the date to be specified in the order.
The Citizenship (Amendment) Act, 2003
The Citizenship (Amendment) Act, 2003 has almost overhauled the Citizenship Act, 1955. Its
main aim to provide double citizenship to “Overseas Citizen of India”.
It added new clause (ee) to Section 2, which provides – “overseas citizen of India" means a
person who-
(i) is of Indian origin being a citizen of a specified country, or
(ii) was a citizen of India immediately before becoming a citizen of a specified country, and
is registered as an overseas citizen of India by the Central Government under sub- section (1)
of section 7A
Clause “(gg)" provides that “specified country" means a country specified in the Fourth
Schedule. i.e. Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, Netherland,
New Zealand, Purtugal, Republic of Cyprus, Sweedon, Switzerland, United Kingdom, and
United States of America.
The Citizenship (Amendment) Act, 2015
This Act further amend the Citizenship Act, 1955.
'(ee) "Overseas Citizen of India Cardholder" means a person registered as an Overseas
Citizen of India Cardholder by the Central Government under section 7A
In the principal Act, for sections 7A, 7B, 7C and section 7D, the following sections shall be
substituted, namely:—
"7A. (1) The Central Government may, subject to such conditions, restrictions and manner as
may be prescribed, on an application made in this behalf, register as an Overseas Citizen of
India Cardholder—
(a) any person of full age and capacity,—
(i) who is a citizen of another country, but was a citizen of India at the time of, or at any time
after the commencement of the Constitution;
or (ii) who is a citizen of another country, but was eligible to become a citizen of India at the
time of the commencement of the Constitution; or
(iii) who is a citizen of another country, but belonged to a territory that became part of India
after the 15th day of August,1947; or
(iv) who is a child or a grandchild or a great grandchild of such a citizen; or
(b) a person, who is a minor child of a person mentioned in clause (a); or
(c) a person, who is a minor child, and whose both parents are citizens of India or one of the
parents is a citizen of India; or
(d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas
Citizen of India Cardholder registered under section 7A and whose marriage has been
registered and subsisted for a continuous period of not less than two years immediately
preceding the presentation of the application under this section:
Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder,
such spouse shall be subjected to prior security clearance by a competent authority in India:
Provided further that no person, who or either of whose parents or grandparents or great
grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the
Central Government may, by notification in the Official Gazette, specify, shall be eligible for
registration as an Overseas Citizen of India Cardholder under this sub-section.
(2) The Central Government may, by notification in the Official Gazette, specify the date
from which the existing Persons of Indian Origin Cardholders shall be deemed to be Overseas
Citizens of India Cardholders.
(3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it
is satisfied that special circumstances exist, after recording the circumstances in writing,
register a person as an Overseas Citizen of India Cardholder
The Citizenship (Amendment) Act, 2019
Amendment of Section 2- In the Citizenship Act, 1955 (hereinafter referred to as the
principal Act), in section 2, in sub-section (1), in clause (b), the following proviso shall be
inserted, namely:—
"Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian
community from Afghanistan, Bangladesh or Pakistan, who entered into India on or
before the 31st day of December, 2014 and who has been exempted by the Central
Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry
into India) Act, 1920 or from the application of the provisions of the Foreigners Act,
1946 or any rule or order made thereunder, shall not be treated as illegal migrant for
the purposes of this Act;“
Section 2 (b) prior to the Amendment Act 2019
Section 2 (b) “illegal migrant” means a foreigner who has entered into India―
(i) without a valid passport or other travel documents and such other document or authority as
may be prescribed by or under any law in that behalf; or
(ii) with a valid passport or other travel documents and such other document or authority as
may be prescribed by or under any law in that behalf but remains therein beyond the
permitted period of time
Insertion of new section 6B - After section 6A of the principal Act, the following section
shall be inserted, namely:— '6B. (1) The Central Government or an authority specified by it
in this behalf may, subject to such conditions, restrictions and manner as may be prescribed,
on an application made in this behalf, grant a certificate of registration or certificate of
naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section
2.
(2) Subject to fulfillment of the conditions specified in section 5 or the qualifications for
naturalisation under the provisions of the Third Schedule, a person granted the certificate of
registration or certificate of naturalisation under sub-section (1) shall be deemed to be a
citizen of India from the date of his entry into India.
(3) On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any
proceeding pending against a person under this section in respect of illegal migration or
citizenship shall stand abated on conferment of citizenship to him:
Provided that such person shall not be disqualified for making application for citizenship
under this section on the ground that the proceeding is pending against him and the Central
Government or authority specified by it in this behalf shall not reject his application on that
ground if he is otherwise found qualified for grant of citizenship under this section:
Provided further that the person who makes the application for citizenship under this section
shall not be deprived of his rights and privileges to which he was entitled on the date of
receipt of his application on the ground of making such application.
(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or
Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The
Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873
Amendment of section 7D - In section 7D of the principal Act,—
(i) after clause (d), the following clause shall be inserted, namely:— "(da) the Overseas
Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any
other law for time being in force as may be specified by the Central Government in the
notification published in the Official Gazette; or";
(ii) after clause (f), the following proviso shall be inserted, namely:— "Provided that no order
under this section shall be passed unless the Overseas Citizen of India Cardholder has been
given a reasonable opportunity of being heard."
Amendment of section 18 –
In section 18 of the principal Act, in sub-section (2), after clause (ee), the following clause
shall be inserted, namely:— "(eei) the conditions, restrictions and manner for granting
certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;".
Amendment of Third Schedule –
In the Third Schedule to the principal Act, in clause (d), the following proviso shall be
inserted, namely:—
'Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian
community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or
service of Government in India as required under this clause shall be read as "not less than
five years" in place of "not less than eleven years".
Termination of Citizenship
The Citizenship Act, 1955 provides the following ways of termination of Indian Citizenship –
By Renunciation, or
By Termination, or
By Deprivation
(a) Renunciation of Citizenship (Section 8)
Section 8 of the Citizenship Act, 1955 provides that a citizen of India of full age and
capacity may renounce his Indian citizenship, by making a declaration to the effect, in the
prescribed form and manner, and having it registered with prescribed authority. Upon such
registration, that person shall cease to be a citizen of India.
But, if such a declaration is made during any war in which India is engaged, the registration
of such declaration shall be withheld until the Central Government otherwise directs.
Clause (2) of Section 8 provides that where a person renounces his citizenship, every minor
child of that person shall also cease to be a citizen of India. However, such a child may
resume Indian Citizenship by making declaration in the prescribed form and manner to that
that effect, within one year of his attaining majority.
Termination of Citizenship (Section 9)
Section 9 of the Citizenship Act, 1955 provides that if a citizen of India voluntarily acquires
the citizenship of any other country, subsequent to the commencement of the constitution, he
shall cease to be a citizen of India. But, it will not apply to a citizen of India, who, during any
war in which India may be engaged, voluntarily acquires the citizenship of any other country.
If a question arises as to whether, when and how, the Indian citizen has acquired the
citizenship of any other country, that has to be determined by the Central Government by
virtue of provisions of Section 9.
Deprivation of Citizenship (Section 10)
Section 10 – Provides that a citizen of India, whether by naturalisation or by registration or
by domicile or by residence, may be deprived of his citizenship of India, by an order of the
Central Government, if it is satisfied-
(1) That the registration or certificate of naturalisation was obtained by him by means of
fraud, false representation or concealment of any material fact; or
(2) That he has shown himself, by act or speech, to be disloyal or disaffected towards the
Constitution of India; or
(3) That he, during war in which India may be engaged, unlawfully traded or
communicated with the enemy; or
(4) That within five years of his registration or naturalisation, he has been sentenced to
imprisonment for not less than two years; or
(5) That he has been ordinarily resident out of India for 7 years continuously and during that
period, he has neither been at any time, a student of an educational institution in a country
outside India; nor, in the service of Govt. of India, or of an International Organization of
which India is a member, nor registered annually in the prescribed manner, at an Indian
Consulate; nor show his intention to retain Indian Citizenship.
Before making an order depriving a person of his Indian Citizenship, the Central Government
is to give to him a written notice containing the grounds on which the order is proposed to be
made. If the order is made on any of the above ground specified in (i) to (iv) clauses, that
person might have his case referred to a committee of inquiry, consisting of a chairman and
two other members. The Chairman shall be a person, who has held any judicial office, within
the territory of India for not less than 10 years.
A company or corporation, whether a Citizen of India
In State Trading Corporation v. Commercial Tax Officer, AIR 1963
the Supreme Court held that a company or a corporation could not be a citizen of India, and
therefore, could not claim, such of the fundamental rights, as have been conferred upon
citizens. The citizenship conferred on a citizen by part II of the Constitution, the court said, is
concerned only with natural persons and not juristic persons.
This question again arose in Tata Engineering and Locomotive Co. v. State of Bihar, AIR
1965
In this case, in the petition filed by the company, some shareholders, who were the citizens of
India, also joined as petitioners. They argued that though the company was not a citizen, but
its shareholders were citizens and if it was shown that all its shareholders were citizens of
India, the veil of corporate personality might be lifted to protect the Fundamental Rights of
the citizens, the shareholders of the company. The court, however, refused to accept this
argument saying that lifting the corporate veil had been done only in a very few cases, and
that this was an exception rather than a rule.
However, in R.C. Cooper v. Union of India (bank Nationalization case), AIR 1970
The Supreme Court held that the fundamental rights of the shareholders as citizens were not
lost when they associated to form a company. In this case the petition was filed by a baking
companies, a shareholder, a director and a holder of a current account in a bank. The
petitioners argued that the impugned action had infringed their fundamental rights conferred
by Article 19 (1) (f) and Article 31 (2).
The Supreme Court held the petition maintainable and observed that when the rights of the
company as well as shareholders were involved the Court will not, concentrating merely on
the technical operation of the action deny its jurisdiction to grant relief.
The Court observed that “a measure, executive or legislative, may impair the rights of the
company alone, and not the of its shareholders; it may impair the rights of the shareholders
and not the company; it may impair the rights of the shareholders as well as of the company.
Jurisdiction of the court to grant relief cannot be denied when, by the State action, rights of
individual shareholders are impaired.
Thank You