Re ee es vt 14 #2) in FT. ps ge Sc. he PAT Altes eu ye " - a CITIZENSHIP (ARTICLES 5—11) {y, _ Meaniyg of Citizenship.—The population of State is divided into two classes— Citizens and“aliens. A citizen of a State is a person(who enjoys full civil and political _rights,|Citizens are different from aliens who do not enjoy all these rights. Citizenship carries With it certain advantages conferred by the Constitution. Aliens do not enjoy these “advantages. The following fundamental rights are availablé only to citizens (1) The right not to be discriminated against any citizen on grounds of religion, race, caste, sex or place of birth (Article 15). (2) The right to equality of opportunity in the matter of public employment (Article 16). (3) The right to six freedoms enumerated in(Article 19)).e., freedom of speech and expression; assembly; association; movement, residence; profession: aie (4) Cultural and educational rights conferred by Articles 29 and 30. (5) There are certain offices under the Constitution which can be occupied by *— citizens only ¢.g., office of the President [Article 58 (I)(a)k: Vice-President [Article )(a)|: Judges of the Supreme Court [Arfcle 124 (3)} or of a High Court [Article 217 (2); Attorney-General [Article 76 (1)]; Governor of a State [Article 157]; Advocate- 5]. the House of the People and.the Legislative _ Sifpand only they cin become members Constitutional Provisions.—The Constitution does not ay down a permanent or comprehensive provision relating to citizenship in India. Part IT of the Constitution — | mpl describes TASES af persons StSwouldbe deemed be deemed to be The citizens of India at the commencement of the Constitution, the 26th January, 1950, and leaves the entire law of the citizenship to be regulated by law made by Parliament. Article 11 expressly confers rliament to make laws ta provide for such matters. In exercise of its power nt has enacted the Indian Citizenship Act, 1955, This Act provides for the | AsQuisition and termination of citizenship subsequent to the commencement of the COMMON ae Te Citizenship at the commencement of the Constitution, i.e., January 26, 1950.—The following persons under Agticles 5 to 8 of the Constitution of India shall become citizens of India at the commencement of the Constitution : 1. Citizenship by domicile (Article 5). 1)[CHAP.6 42 CONSTITUTIONAL LAW OF INDIA 2. Citizenship of emigrants from Pakistan (Article ©). 3. Citizenship of migrants to Pakistan (Article 7)- 4. Citizenship of Indians abroad (Article 8). ).—According to following two have his domi Article 5 a person is conditions: Firstly, he (1) Citizensnip by Domicile (Article 5 icile in the territory of entitled to citizenship by domicile if he fulfils the must, at the commencement of the Constitution, laid down in that India. Secondly, such person must fulfil any one ofthe three commits TN gia (3) Article, namely, (1) he was born in India, (2) either of his parents was bothan five yeare he must have been ordinarily resident in the territory of India for n immediately before the commencement of the Constitution. Domicile in India is considered an essential requirement for acquiring the statue Of Indian Citizenship. But the term ‘domicile’ is not defined in the Constuntio®. domicile of a person is in that country in which he either has or is ae y, Residence his permanent house. There is distinction between ‘domicile’ and ‘residence . Rett nt alone in a place is not sufficient to constitute the domicile. It must be SS et , the intention to make it his permanent home. But it is basically a legal concept for ie | purpose of determining what is the personal law applicable to an individual, and even i an individual has no permanent home, he is invested with a domicile by law. There are two main classes of domicile viz domicile of origin and domicile of _ choice. While the-Tormer attaches i the individual By Birth, the latter is acquired by y) fesidence in territory subject to a distinctive legal system, with the intention to reside oe there permanently, InPradeep Jain v. Union of India Tthe Supreme Court has held that in India Article 5 recognises only_one domicile viz., domicile of India. It does recognise the notion of State domicile. When a person who is permanently resident in oné” State goes to another State with intention to reside there permanently or indefinitely bis domicile, does not change and he does not acquire a new domicile of choice: India is not a federal in the traditional sense of the term. It ha-only one < citizenship viz., the citizenship of India. It has also one single unified legal system applicable th t the country. The concept of “domicile” has relevance to the applicability of municipal laws whether made by the Union of India or by the States. ee Two elements are necessary for the existence of domicile— (i) aresidence of a particular kind, and Gi) an intention of a particular kind. « The residence need not be continuous but it_ must be ind The intention must be a permanent intenti a lefinite, not purely fleei: tention t ide for ever Irth, pe tleeing. residence has been taker up. Domicile is nor he eee ror ever in the country where the imran uot sufficient 10 constitute domicile. It eye ence: Mere residence le is not the sime thi ’ € residence intention to make its perma Thus, there must be gegomanied by the anu 0 constitut . th ficient o make hints et of domicile for nei dete both the\Yactumand ean citizen: companied ate, mere residence is to Bombay in his boyhe i five Years’ residence esidence creek Goan parents came thew an Indian citizen by ont then and did his Fasidence—ploce AIR 1984 SC tate of Bombay, AIR 1956 Bom. 729, aa time, omic) oe i‘ Remit plare SPM hedike Males o_CHAP. 6] CITIZENSHIP 4B In Mohammad R ison ua pilgrimage to lec grimage to Trae in Taiate of Bombay,! the appellant came to India in 1938, He raq in 5. On ti a times his tay in India was extended. In 1957 his seat as rene and several appeal was dismissed. The Court held ecg iz of India under Article 5, but his : igh he was ident, he acquire Indian citizenship because he did not have a domi iinindia Where gran returned from Iraq, he took over the Job of a cashier in a hotel. Tha i insufficient to establish that there was a change in his Satod of ite Gate i acquire a new domicile. His application for exten: time fortified this conclusion. The domicile of choici has been resumed or another has been acquired. In Louis De Raedt v. Union of india,? the petitioners, who were foreign nationals challenged the order of the Central Government eapelling them from India pat coe failure to acquire Indian Citizenship. The petitioners came to India before Independence and were staying continuously on the basis of foreign passport and residential permits. They were engaged in Christian missionary work. They contended that they became citizens of India by virtue of, faicle 5 (c) of the Constitution as they were staying in India for more than 5 years immediately before the commencement of the Constitution. The Cour held that they failed to establish that they had an intention to reside in India permanently. The petitfoners did not have their domicile in India. For the acquisition of a domicile of choice, it must be shown that the person concerned had a certain state of mind, the animus manendi. If he claims that he had acquired a new domicile a particular time he must prove that he had formed the ‘intention of making his permanent home in the country of residence’. Residence alone, unaccompanied by this state of mind, is insufficient. Domicile of origin is lost only on acquisition of domicile of choice and not on mere continuous stay in other country. A minor or married woman is not independent person. Neither of these classes has the legal capacity to make a change of domicile. Therefore, the domicile of an infant generally follows the domicile of his father,3 while a married woman takes the domicile of her husband.‘ A widow retains the domicile of her husband until changed by her own act.S € continues until the former domicile Intention is an important element in determining the domicile of a person. It can be inferred from the conduct of persons. Thus a person in Government service, who was given the choice for opting for India or Pakistan, who opted for Pakistan, actually went to Pakistan, served there under the Government of Pakistan, but who subsequently resigned his job there and came to India cannot claim the benefit of Article 5 for he never became the citizen of India. (2) 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., (i) those who came to India before July 19, 1948; and (ii) 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 a citizen of India at the commencement of the Constitution, i.e., on 26th 1. AIR 1956 SC 1436, 2. (1991) 3 SCC 554, 3. Naziranbai v. State of M.P., AIR 1957 MB 1; Sharafat v. State of U.P., AIR 1960 All. 63744 CONSTITUTIONAL LAW OF INDIA [CHap.¢ bom in I January, 1950, if he o either of his parents or any of his pendonrons are Ba aig as defined in the Government of India Act, 1935, and in sein h Which applies in both cases fulfils one of the fallowing two c¢ hich the permiy (i) in case he migrated to India before July 19, 1948 Sheek be bass dane System for such migration was introduced) he has been ordinarily the date of his migration; or (ii) in case he migrated on or after July 19, 1948 fe hes fae Lancs as citizen of India by an officer appointed by the Government of India for the pu he has been residing in India i son shall be so registered unless he h i fra erar aoa Immediately before the date of his application for regiration. the above conditions are satisfied, a person shall be deemed to be a citizen of India, 3) Citizenship of Migrants of Pakistan tanticle Tie Under Atlee 7 8 — by domicile (Article 5) or by migration (Article 6) ceases to be a iz Pakistan se March 1, 1947. An exception is, however, made in favour te 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 immigrants from Pakistan after July 19, 1948, under Article 6, He can register himself as citizen of India in the same manner as a person migrating from Pakistan after July 19, 1948. Article 7 thus overrides Articles 5 and 6.! Both Articles 6 and 7 use the term (trigrated’. The meaning of the term ‘migrated’ came for consideration before the Supreme Court in Kulathi v. State of Kerala.2 According to the Court the term ‘migrated’ used in Articles 6 and 7 has to be construed with reference to the context and Purpose and the prevailing political condition at the time the Constitution was being enacted. So interpreted, the word ‘migrated’ could mean nothing except voluntarily going from India to Pakistan Permanently or teinporarily. The majority held that the word ‘migrate’ was used in a wider sense of moving from one Country to another with the qualification that Such movement was not for a short visit or for a special purpose, In State of Bihar v. Kumar Amar Singh,S ; / Cd ish,> one Kumar Rani, a ta mera me claimed to be the lawfully wedded wife of an Indian ‘as India at i i 1948, eeumca amici i‘ December 1st times, left India for Pakistan in July Pakistan in April 1949, OnM 5 4 temporary permit and we | nt back 4Y 14, 1953 she came back to India under permanent peril. State of Bihar». Kumar 4, AIR 1955 SC 299, AIR 1967 SC 1614, followed in wed in Mashkurul H, v noted that the Supreme o ur assan ¥ Union of hi uh . ie SAGs na yl A $y ay one main hich Wt was held that the word “migrate at, Shan na 7 o Mth Anger New Union of india, Ai 1958 riers a — ie ‘Also State of Bihar 9 Mae a * Kumee an. 1 WhO Was admittedly Mar Singh, " should be no Devi, ng from oneeee CITIZENSHIP 45 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 as required by the rules made under the Influx form Pakistan (Control) Act, 1949. 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 Ist March, 1947, although her husband stayed in India, but she could not prove that she went to Pakistan for a temporary purpose.” The Supreme Court observed: “Article 7 clearly overrides Article 5. It is pre-emptory in its scope and makes no exception for such acase, ie. of the wife migrating to Pakistan leaving her husband in India.” In Bhawanrao Khan v. Union of India, the Supreme Court has held that those who had voluntarily migrated to Pakistan and became citizens of Pakistan cannot claim the citizenship of India on the ground that they had been living in India for a long time and their names have been included in the voters list. In this case, a lady Bhanwaroo Khan had claimed Indian citizenship on the ground that she had returned to India in 1955 and had been living here since then. The Court held that ‘a foreign lady cannot claim Indian citizenship merely on the ground of long stay and inclusion of her name in the voters’ list.” (4) Citizenship of persons of Indian origin residing outside India. le 8 provides that any person or either of whose parents or any of those grand-parents was born in India as defined in the Government of India Act, 1935, and whois ordinarily residing in any country outside India, shall be deemed to be a citizen of India as if he has been registered as_a citizen of India by the Diplomatic or Consular representatives of India in the country where he is for the time beihg residing—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 the Dominion of India or Government of India, Article 8 confers citizenship on Indian nationals residing abroad on their complying with its provision: Article 9 provides that if a person voluntaril State fre shall not be able to’claim citizenship of India undet At ip of a foreign State only with voluntary acquisition of citizens came into force. aes of voluay-auistion a foreign citizenship before the commencement of the Constitution will have to be dealt wit the Government of India under the Citizenship Act of 1 Article 10 provides that every person who is or is 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 provisions of any law that may be made by Parliament, Thus, in exercise of this power, Parliament may take away the right of citizenship of any person. But the right to citizenship given under the foregoing provisions can only be taken away by an express law made by Parliament. It cannot be taken away indirectly. In Ebrahim Wazir v. State of Bombay, thé constitutional _v: of Influx form Pakistan (Control) Act, 1949, was reoled. This Ret provided hat no p ‘Act provides that no person domiciled in India-or Pacistan shall — enter India from Pakistan without a permit. If a_person enters India without a permit he46 [CHaP. 6 CONSTITUTIONAL LAW OF INDIA if authorises the Central commits an offence ction 7 of the Act Punishable under the Act. Section 7 of ymmitted, or FanMent to direct the removal from India of any person who hae Satu Se t because to ACL. The Supreme Court held that Section 7 was ultra vires of Parliament tains i) Bow the forcible removal of an Indian citizen from India would Oe aT St op destroying the right of citizenship conferred by Part 2 of the Constitution: 1s iE citizenship, the Court said, could only be taken away icle I the right of Constitution. Thus, in absence of any law expressly made under Article citizenship cannot be destroyed by an Act made for a different purpose. rarliament, in exercise of the <> Citizenship under the Ci tizenship Act, Power given to it under Agicle LLof the Constitution, has pared be p after the 1955, making provisions for acquisition and toeruinalop ot scquisjgion of;Indian commencement of the Constitution. The Act provide: rth, It, Citizenship after the commencement of the Constitution in fivs eee registration, and ji ration of territory. = ) i 2003 has Ame nt of Citizenship Act.—The Citizenship (Amendment) Ae a almost overhauled the Citizenship Act, 1955, Its main aim is to provi citizenship to "overseas citizen of India" of specified countries mention Fourth ScheduléTo the Act by the amendment. ‘The Act has substituted new clauses for clauses (b) and (c) and. proviso to (c) of Section 2 which says that “illegal migrants means who entered into India: ithout (2 ‘and remait rein abe Valid passport or other travel documents as provided by any law by recourse 10 beyond the permitted period of time. ‘Overseas Citizens of India—The new Clause (ee) of Section 2 says that overseas citizen of India means a person who (i) is of Indian origin being cifizen of a specified country or (ii) was a citizen of India immediately before becomi of specified country and is registered as an Overseas citizen of Iadia by the Central Government under sub-section (1) of Section 7A. New Clause (gg) says that “specified Country” means a country specified in the Fourth Schedule. The Fourth Schedule mentions the following countries—Australia, Canada, Finland, France, Gfeece, Ireland, Israel, Italy, Netherland, New Zealand, Purtugal, Republic of Cyprus, Sweden. Switzerland, United Kingdom and United States of America. ~ by birth (Section 3).—The new Section 3 for the existing Section Section (2) evéry person born in India (a) on Or rial 6th Jan,. [950ut before Ist Tuly, 1987 OF after 1st July. 1987 but before e commencement of the Citizenship (Amendment) Act, 2003 and either of whose its is a citizen of India at fi _ te Citzenship (Amendmen) ‘Act, 2003 wh c) on or after the commencement of or (ii) one of whose parents is a citizen of India and cen fotan tiga eee ae al Citizenship Process as is accorded to an envoy of a fortign severe; unity from suits and legal of India and he or she, as the case may be, is not ci Ze Of Ind cited to the President mother is an enemy alien. India, or (b) his father and Citizenship by descent (Section 4) : Section 4—A person born outside India shall be NEW sub-section () of ua descent—{a) on ids.wen CITIZENSHIP 47 «26h Jan 1950 but before 10h of Dee, 1999 of his birth, or (b) on or after 10th day if his father is @ citizen of Indi wen of India at the time of his hire” O4Y Of Dea imme <» 1992 if either Of his parents in a Provided that if the father of a Person ref, i py descent only, that person shall por a {0 in clause (a) was a citizen of India unless (a) his birth is registered at the In , zen of India by virtue of th a I Y Virtue of this section or the commencement of this Act, whi eae wit icheves ae within one Year ofits occurrence “ira Government, after the expiry of the vee teh OF With the permisaen ae Crime of ha bith, in sehen Govern Pete: (b) either of his parents is at or the commen Act, 2003 whichever is later or (i) with the pe the expiry of the said period, But no such birth shall be Tegistered unless the the minor does not hold th € citizenship of another country within six months of his attaining full age. Citizenship by Registration (Section 5).—The prescribed authority may on application register 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 provisions of this Act if he belongs to any of the followin; categories. —(a) a person of Indian origin who is griinarily resident of India for(seven yearabefore making an application Tor fegistratic Tegistration (©) persons of Indian origin who is ordinarily resident in any country or place outside undivided India (c) pers6n who is married to a citizen of India and is ordinarily resident of {dia for seven years before making an application for registration (a) i Tinor children of Persons Who-are Citizens of India (e) a f re ani capacity whose parents are Tegistered as citizens of India under clause (a) of this sub-section or sub-section (1) of Section 6 (1) a'person of full age and capacity who either of his parents, was earlier citizen ol Independent India, and has been residing in India for one year immediately before making an application for registtion (3) person of full age and capacity who has been egistered as an overseas citizen of India for five years, and who has been residing in India ‘SC two years before making an application for registration. For purposes of Clauses (a) and (c) an applicant shall be deemed to be ordinaril Tesider esi nt of India (i) if he has resided in India for 12 months immediately before makin, an application for registration (ii) he has resided in India during 8 years immediately _ Preceding the said per Period ‘of 12 months for a period of not less than 6 a Citizenship by naturalisation.—Where an i 'S made by any persons of full age and capacit} b u illegal migrant” the Central Government may, iT Satistied that the aj tis qualified for grant hi ca alization, im a certificate of naturalization, The qualifications Tor naturalization are the the prescribed manner (@) he must not be a citizen of a country where Indian citizens are prevented from becoming citizen by naturalization, _ pee Ma alate a as reeee ni CONSTITUTIONAL LAW OF wow" ‘of the other country, been in Government service for 13 ation for naturalization, or durin, (b) he has renounced the citizens! (©) he has either resided in India or has applic : rte i ee of seas rset ae Beso _years ! n than four years, jovernment service for NOt (@) he must take an oath of allegiance, (e) he is of a good character, stitution, (D) he has an adequate knowledge — of a Janguage recognised by the Constitut r (g) that after naturalization being granted 0 hin he nent om _ ee ‘or to s&rve under the Government of India. oo “ictinguished E27Vic WY he Fovernment the applicant has ren Garon aac ny rt ture, world peace or human progress, it! may waive all or any of the above conditions for naturalization in his case. (Section 6). Citizenship by incorporation of territory. of India, the Government of India shall specify the of India. (Section 7). —If any new territory becomes a part persons of the territory to be citizens OVERSEAS CITIZENSHIP (New Sections 7-A, 7-B, 7-C and 7-D Added by Amendment Act, 2003) egistration of overseas citizenship (Section 7-A).—When the application is made in this behalf, the Central Government may, subject to conditions and restrictions including the condition of reciprocity as may be prescribed, register any person as an overseas citizen of India if— (a) that person is of Indian origin, of full age and capacity who is a citizen of a specified country, or (b) that person is of full age and capacity who has obtained the citizenship of a specified country on or after the commencement of the Citizenship (Amendment) Act, 2003 and who was a citizen of India immediately before such commencement, or (c) that person is a minor of a Person mentioned in clause (a) or clause (b) (2) The person registered as an overseas citizen of India und -Secti be an overseas citizen of India as from the date ‘on which he is ae Oe __(3) No person who has been deprived of his citi i i registered as an overseas citizen of India under ebeccacartin tr ae mpgs Central Government. - Vee by an 1° For the purposes of Sections 7-A, 7-B 7-C and 7-D the expressi ion “person of 4 h » 7-B, 7-C Pression "per Indian origin" shall mean a citizen of another country who (i) was eligible to bec: lo become a citizen of India at the commencement of the ituti territory that became part of India afer ISth Avoeat nan aed Ci)’ chnaetnae 10 8 ee aoe dae od under clauses (i) and (ii) but does Not i Pron eed area ae Gan 4 citizen of Pakistan, Bangladesh or ie lude a person who is ment may BY notification in the official Gazette eperign COUNTY aS the Confermen' specify citizen of India shal eee ove Citizens of India (§ law for the time being in ta than poettes notwithstanding ary a Saar . n é in, the Cental Government ma by ofc Gane By seed under sub-section (2) ns If. on 1. Proviso to Section 6 of Citizenship Act, 1955CHAP. 6} CITIZENSHIP “ An overseas citizen of India shi I ‘ of Indie—a) under Article 16 with all not be entitled to the rights conferred on a citizen regard to equality of oj i employment, (b) under Article 58 for ‘election as President. ic) ander Article 66 for section of Vice-President, (d) and (¢) under Article 124 and Article 217 for appointment of Judges of the Supreme Court and High Courts, (f) under Section 16 of the Representation of People Act, 1950 regarding the registration as a voter, (g) under Sections 3 and 4 of Representation of Peoples Act, 1951 for being members of the House of People or the Council of States, (h) under Sections 5, 5-A and 6 of the Representation of Peoples Act, 1951 to be eligible for being member of the Legislative Assembly or a Legislative Council of States they cannot be eligible for appointment to public services and posts under Union or States except for appointment for such services and posts as the Central Government may specify by order. Every such notification must be laid before the Parliament, (Sec. 7B(1) & (2)]. Renunciation of overseas citizenship (Section 7-C).—If any overseas citizen of India of Tull age and capacity makes in the prescribed manner a declaration renouncing his overseas citizenship of India, the declaration shall be registered by the Central Government and upon such registration, that person shall cease to be an overseas citizen of India, Where such person ceases to be an overseas citizen of India every minor children of that person shall thereupon cease to be an overseas citizen of India. Cancellation of registration as overseas citizen of India. (Section 7-D).— The Central Government may by order cancel the registration if it is satisfied that (a) the registration as an overseas citizen of India was obtained by means of fraud, false representation or the concealment of any material fact, or (b) the overseas citizen of India has shown disaffection towards the Constitution of India, or (c) the overseas citizen of India has during any war in which in India may be engaged unlawfully traded or communicated with an enemy or been engaged in or associated with any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war, or (d) he has within 5 years after his registration been sentenced to imprisonment for a term of not less than two years, or (e) it is necessary so to do in the interest of the sovereignty and integrity of India, the security of India, friendly relationship of India with any foreign country or in the interest of general public. The Amendment has omitted Sections 11 and 12 of the main Act. Section 14 has been amended and for Sections 5 and 6 the Sections 5, 6 and 6A have been subsituted. Issue of National Identity Cards (New Section 14-A).—This section provides that the Central Government may compulsorily register every citizen of India and issue national identity card to him. The Central Government may maintain a National Register of Indian citizens and for that purpose establish a National Registration Authority. From the commencement of the Citizenship (Amendment) Act, 2003 the Registrar General of India appointed under sub-sections (1) of Section 3 of Registration of Births and Deaths Act, 1969 shall act as the National Registration Authority and he shall function as the Registrar General of Citizen Registration. The Central Government may appaint other staff to assist the Registrar General of Citizen Registration in discharging his 1unctions. The procedure to be followed for compulsory registration of citizens of India shall be prescribed Termination of citizenship.—The Citizenship Act, 1955, also leys down how the citizenship of India may be lost whether it was acquired under the Citizenship Act, 1955, or prior to it, under the provisions of the Constitution. It may happen in any of the three ways : (a) renunciation, or (b) termination, and (c) deprivation.luna 0 CONSTITUTIONAL LAW OF INDIA : . id capacity 'Lwho (2) Renunciaton of tgensip An nn en oN A on also citizen oF national of another country) cao renounce rppaoh wideclerate : making a declaration to that eet and navy eration “hall be withheld untiT The made during any war in which India is engaged. © es his citizenish Central Government Saewae dina When 7 Ne ‘child may, however’ every minor child of his ceases to be an Indian citizen, SUC TT ni yeas of ye ‘Fesume Indian citizenship if he makes a declaration (0 that © ining full age, that is, 18 years. (Section 8). india yoluntarily acquires the (b) Termination of citizenship. a citizen of Indl SO “This provision ich India may be engaged citizenship of another country he shall cease to be a however, does not apply to a citizen who during a_war h voluntarily angulres the citizenship of another count) If any ee centr | ys to whether, when or how any person has acquired the citizenship of anot a res a isto be determined by such authority and in such manner as may be presen y the rules, (Section 9) ; er) 7 en (c) Deprivation of citizenship.—Deprivation Is a compulsory termination o} “eiiee RSET Tale Aizen OF India by naturalization, registration, domicile and residence, may be deprived of his citizenship by an order of the Central Government if it ig satisfied that—(a) registration or naturali n was obtained by means of fraud, false fepresentation or concealment of any material fact; or (b) The has shown himself by act or speech to be disloyal or disaffectionate towards the Indian Constitution; or (c) during a war in which India may be en has unlawfully traded or communicated with the enemy; or (d) within five years of his registration or naturalization he has been sentenced 7o imprisonment for not less than two years; or (e) he has been ordinarily residing out of India for seven years continuously.” Before making an order depriving citizenship, the Central Government is to give to the person concerned a written notice containing the ground on which the order is to be made and in certain cases he might have his case referred to a Committee of Inquiry. The Central Government is then bound to refer the case to a C consiating of 7 Chairman and two other members. The Committee of Inquiry shall bold mquiry an i inari i * oo "y Central Government is to be ordinarily guided by its report in making Commonwealth Citizenship—Secti " a ion | Commonwealth citizenship. Every person who is : Cue shall by virtue ofthat ctzenship have the status of Commonwealth i ay ‘pecomers the Central Government to mal vi eae tallies orcement of all ee citizens of the U.K., Australis, Canada, Ceylon. Meg gtts OF a ci tn the South Rhodesia and Nyasaland, Section Citizenship Act provides for of Commonwealth country, regarding citizenship, One Citizenship in India.—i1 federal. recognises one citizenship only should be noted th; 7 «that is, the city hen cone tution, th Zenship of India There ae 1. Words printed in brackets ha 2. This will ne applCHAP. 6} CmzensAiB®'#! Welfare Department S.¥ S. W. D. Book-Bank separate State citizenship. Every citizen has the same rights, privileges and immunities of citizenship, no matter in what State he resides. In federal States like U.S.A. and Switzerland, there is a dual citizenship, namely, the citizenship of U.S.A. and the citizenship of the State where a person is born and permanently resides, and there are distinct rights and obligations flowing from the two kinds of citizenship. In India, a person born or resident in any State can acquire only one citizenship, that is, the citizenship of India. A Company or Corporation whether Citizen under Article 19.—Citizenship as defined in Part II indicates only natural person and not juristic persons like corporations. In State Trading Co ion of India _y. Commercial Tax Officer the upreme Court held that company or corporation is not a citizen of India and cannot, therefore, 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. In this case the State Trading Corporation was sought to be taxed in respect of sales effected by them in the course of their business operation, The Corporation contended that its transaction related to inter-State sales and was, therefore, exempted from taxation under Article 286 (1). The impugned tax was, therefore, an infringement of its Fundamental Right under Article 19 _ (1g). The Supreme Court, however, held that the State Trading Corporation was not a Citizen and therefore could not claim the right under Article 19 (1)(g). In Tata Engineering and Locomotive Co. v. State of Bihar,? in a petition by the company some shareholders also joined. 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 the veil of corporate personality might be lifted to protect their fundamental rights. The court rejected this argument and held that “if this plea is upheld, it would really mean that what the corporations and companies cannot achieve directly can be achieved by them indirectly by relying upon the doctrine of lifting the corporate veil.” But in the Bank Nationalisation case,) the Court held that “A measure executive or legislative may impair the right of the company alone, and not of its shareholders; it may impair the rights of the shareholders and not of the company, it may impair the right of the shareholders as well as of the company. Jurisdiction of court to grant relief cannot be denied when by State action, the rights of the individual shareholders are impaired, if that action impairs the rights of the company as well. The test in determining whether the shareholder's right is impaired is not formal; it is essentially qualitative, if the State action impairs the right of the shareholders as well as of the company the Court will not, only upon technical ground, deny itself jurisdiction to grant relief. A shareholder is entitled to the protection of Article 19 of the Constitution. The Fundamental Rights of the shareholders as citizens are not lost when they associate to form a company. When their Fundamental Rights as shareholders are impaired by State action their rights as shareholders are protected. The reason is that the shareholder's rights are equally and necessarily effected if the rights of the company are effected.” The result of the Bank Nationalisation case, is that if the action of the State impairs the right of the company thereby affecting the rights of an individual shareholder . ¢ protection of Article 19 will be available to him. This ruling of the Supreme Court has thus neutralised much of the adverse effect of the State Trading Corporation ‘case. 1. AIR 1963 SC 184ICHAP. 6, ~ CONSTITUTIONAL LAW OF INDIA The Bank « followed by the S n was whether the Coleman and Co Laas vat ieee. the quesjer Article 19 of the thateholder, the editor, the printer have right to freedo! ve the Court held that the Constitution, Relying on the Bank Nationalisation Pig rinter and publisher of a Drotectiomof Article was available to a sharcholder, editor, prime’ fOr Hoy a Ot 8 newspaper. The Court said the rights of shareholders with regs trolled by the shareholder, throwgh and manifested by the newspapers owned and coi ee ion at through the medium of the corporation. The individual ee their newspapers through editors, directors and shareholders are all exercised to er aharchoase which they speak. The press reaches the public through i teed challenge thee Speak through their editor. The locus standi of the shareholde ea the ruling of the Supreme Court in the Bank Nationalisation case. In Godhra Electric Co. Lid. v. State of Gujarat,? the ee aero company was not a citizen under Artucle 19 but a shareholder, a mai bak como company had right to carry on business through agency of company ar ke rcndades taken away or abridged he was not disabled from challenging the validity of the pr oe of any Act, which affected his right. supreme Court in the Benney Following Bank Nationalisation and Bennett Coleman cases the Supreme Court in D.C. & GM. v. Union of India,> has held that writ petition filed by a company complaining denial of Fundamental Rights guaranteed under Article 19 is maintainable. In the matter of fundamental freedoms guaranteed by Article 19, Desai, J., held, the right of oe ee 1 AIR 1973 SC 106, 2. AIR 1975 SC 32 3. AMR 1983 SC 937.