CITIZENSHIP

Submitted to:
Dr. Shruti Bedi Submitted by:
RAJWINDER KAUR
BA.LLB. (III Semester)
Section- B
Roll NO. 71
 ACKNOWLEDGEMENT

Through this project, I have got a golden opportunity to present my abilities in

front of others. For this, I would first thank God for this beautiful life. Then I
would like to thank my parents to send me to this institute and always support
me.
Next, I pay my heartiest gratitude to my subject teacher, who gave me the
opportunity to make this project and also for helping me out to complete it.
 TABLE OF CONTENTS

INTRODUCTION
DEFINATIONS
CITIZENSHIP OF INDIA AT THE COMMENCEMENT OF THE
CONSTITUTION
1. Citizenship by Domicile
2. Citizenship by Migration
3. Citizenship by registration
CITIZENSHIP OF INDIA AFTER THE COMMENCEMENT OF THE
CONSTITUTION (THE CITIZENSHIP ACT, 1955)
ACQUISITION OF CITIZENSHIP OF INDIA
(i) Citizenship by birth
(ii) Citizenship by Decent
(iii) Citizenship by Registration
(iv) Citizenship by Naturalisation
(v) Citizenship by Incorporation of Territory
Overseas citizenship
TERMINATION OF CITIZENSHIP OF INDIA
(a) Renunciation of Citizenship
(b) Termination of Citizenship
(c) Deprivation of Citizenship
Commonwealth Citizenship
A Company or Corporation, whether a Citizen of India
 TABLE OF CASES

Ebrahim Wazir v. State of Bombay

Gohra Electric Co. Ltd. v. State of Gujarat

Jan Balaz v. Anand Municipality

Mohd. Raza v. State of Bombay

Satish Nambiar v. Union of India

State Trading Corporation v. Commercial Tax Officer

Tata Engineering and Locomotive Company v. State of Bihar

 INTRODUCTION

Part II of the Constitution deals with the law relating to Citizenship of India at
the commencement of the constitution i.e. on 26th January, 1950. The enactm-
ent of these provisions were made by keeping in view the partition of the
country in 1947 and the consequent problems, for example, migration of people.
As regards the Citizenship of India subsequent to the commencement of the
Constitution, the provisions are contained in the Citizenship Act, 1955 enacted
by the Union Parliament under Article 11.
 DEFINATIONS

CITIZEN AND CITIZENSHIP

A citizen of a State is a person who enjoys full civil and political rights in that
State. He enjoys full membership of the political community. A citizen of a
State is he who has political rights in, the duty of military service for, and
diplomatic protection abroad, by the State concerned.
On the other hand, Citizenship is a legal status determined by specific rights and
Duties. It carries with it certain obligations. For example the Fundamental
Rights contained in Article 51- A are addressed to the citizens of India only.
Again, Citizens alone have the right to hold certain high offices, such as, that of
the President. Also, the right to vote to elect representatives of the Union and
the State Legislatures, and the right to contest the elections and be elected to
such Legislatures is vested in a citizen of India only.

CITIZENSHIP AND NATIONALITY

Citizenship refers to the relationship of an individual with the State from the
internal aspect, the latter refers to similar relationship from the International
aspect. The term national has a broader significance than the term citizen.
Further, while nationality is the concept of International Law, citizenship is
determined under the municipal law. Again, while nationals of a State are
persons who are politically members of that State and owe allegiance to that
State, Citizens are those who posses special rights, which rights are determined
by the municipal laws of each State, such as the right of suffrage.

ALIEN AND FOREIGNER

Broadly speaking, a person is an alien in a state if he is not a citizen of that
State. The Foreigners Act, 1946 did not use the term alien. Section 2 (a) of the
Act defined the term foreigner as a person who is not a citizen of India. Now
the aliens are either resident aliens or non-resident aliens. Again, aliens are
either, friendly aliens or enemy aliens.
 CITIZENSHIP OF INDIA AT THE
COMMENCEMENTOF THE CONSTITUTION

On the partition of the country, some people were living in India, some people
came from Pakistan, and some others were living abroad. The problem relating
to the citizenship of India, is, therefore, tackled by three fold provisions. A
person at the commencement of the Constitution could be a citizen of India, in
the following ways-
1. By domicile
2. By migration
3. By registration

Citizenship by Domicile (Article 5)

According to Article 5 of the Constitution, a person shall be a citizen of India if
he fulfils the following two conditions:

1. He must, as the commencement of the Constitution, have his domicile in

the territory of India; and,
2. Such person must fulfil any one of the following three conditions-
(a) He was born in the territory of India; or
(b) Either of his parents were born in the territory of India; or
(c) He must have been ordinarily resident in the territory of India for not
less than 5 years immediately preceding the commencement of the
Constitution.

Conditions contained in (a), (b) and (c) are alternative and any of them needs to
be fulfilled by a person having domicile in India.1

1. Dr. Narinder Kumar, Constitutional Law of India, Allahabad Law Agency, 2012
Domicile in India is considered an essential requirement for acquiring the status
of Indian Citizenship. But the term domicile is not defined in the Constitution.
The domicile of a person is in that country in which he either has or id deemed
by law to have his permanent house. There are two main classes of domicile
viz., domicile of origin and domicile of choice. While the former attaches to the
individual by birth, the latter is acquired by residence in territory subject to a
distinctive legal system, with the intention to reside there permanently. The two
elements that are necessary for the existence of domicile are : one, a residence
of a particular kind, and second an intention of a particular kind. Here the
residence need not be continuous but it must be indefinite, not purely fleeing.
The intention must be a permanent intention to reside forever in the country
where the residence has been taken up. Thus, there must be both the factum and
animus to constitute the existence of domicile for neither domicile nor mere
residence is sufficient to make him an Indian citizen.2

In Mohd. Raza v. State of Bombay,3 the appellant came to India in 1938 and
remained there till 1945, when he went on a pilgrimage to Iraq for one year. On
his return to India from the pilgrimage, he registered himself as a foreigner and
took the job of cashier in a hotel in India. Several times his stay in India was
extended. In 1957, his request for extension of his stay was refused.

These facts established that there was a check in his mind, and that he had no
intention to make India as his permanent home. His application for extending
his stay in India made from time to time fortified this conclusion.

2. Dr. J.N. Pandey, The Constitutional Law of India, Central Law Agency,50th Edition,
3013
3. AIR 1966 SC 1436
Citizenship by migration (Article 6)

On the partition of the country, people residing in Pakistan and migrating to the
territory of India, could not be regarded Indian citizens under the provision of
Article 5, special provisions under Articles 6 and 7 had, therefore, been made
for them.

Article 6 is applicable to persons of Indian origin, i.e., those who themselves

were born within the territory of India as defined in the Government of India
Act, Or either of their parents were born in India so defined, or any of their
grandparents were born in the territory of India so defined.4

Any of such persons migrating from Pakistan to India could acquire Indian
citizenship, under this provision. Article 6 has classified such persons migrating
from Pakistan to India, into two categories-

(i) Those who came to India before 19th July, 1948, and
(ii) Those who came to India on or after 19th July, 1948

MIGRATION FROM PAKISTAN TO INDIA BEFORE 19TH JULY, 1948

Article 6 provides that a person of Indian origin shall be deemed to be a citizen

of India at the commencement of the Constitution if he, having migrated from
Pakistan to India before the 19th July, 1948, has been ordinarily resident in the
territory of India since the date of his migration.

MIGRATION FROM PAKISTAN TO INDIA ON OR AFTER 19TH JULY,

1948

A person of Indian origin shall be deemed to be a citizen of India if he migrated

from Pakistan to India on or after 19th July, 1948 only when he has been
registered as a citizen of India by an Officer appointed in that behalf by the
Government of Dominion of India. His application could be accepted for
registration only if he had been resident in the territory of India for at least six
months immediately preceding the date of his application.

4. SUPRA 1, Id page no. 56

CITIZENSHIP OF MIGRANTS TO PAKISTAN (ARTICLE 7)

Article 7 provides that a citizen of India, whether by domicile or by migration,

ceased to be a citizen of India, if he had migrated to Pakistan after 1 st March,
1947. Article 7 overrides Article 5, for even if a person was a citizen of India, if
he migrated to Pakistan after 1st March, 1947. Similarly, a person acquiring the
citizenship of India under Article 6, would cease to be citizen of India, if he had
migrated to Pakistan after this date. 5

MIGRANTS RETURNING BACK TO INDIA

Proviso to Article 7 contains an exception in favour of persons who migrated to

Pakistan, returned back to India. It provides that a person, who after having
migrated to Pakistan, returned to the territory of India, under a permit for
resettlement or permanent return to India, issued by or under the authority of
any law, could be registered as a citizen of India.

Such a person would be deemed to have migrated from Pakistan to India after
19th July, 1948. Therefore, it required that such a person was to make a
application for his registration as a citizen of India, to an Officer appointed by
the Government of India. He could be so registered only if he had resided in the
territory of India for at least six months immediately preceding the date of
application. On this registration, he would be deemed to be a citizen of India.6

Citizenship by Registration (Section 8)

Article 8 deals with the right of citizenship of persons of Indian origin, residing
outside undivided India. It provides that any person who or either of his
parents or any of his grandparents was born in the territory of India as defined
in the Government of India Act, 1935, and who was ordinarily resident in any
country outside India as so defined, would be deemed to be a citizen of India, if
he was registered as a citizen of India, by the Diplomatic or Consular
representative of India in the country where, for the time being, he was
residing.7

5. Id page no. 57

6. Ibid

7. Id page no. 58
What was required under Article 8 was, that, a person of Indian origin residing
abroad, at the commencement of the Constitution, could register himself as a
citizen of India, by making an application to the Diplomatic or Consular
Representative of India in the country where he was for the time being residing.
Such an application should be made before or after the commencement of the
Constitution, i.e., 26th January, 1950. The application can be made in the form
and manner prescribed by the Government of India.

So, Article 8 is to cover overseas Indians having no domicile in the territory of

India.

NO DUAL CITIZENSHIP (ARTICLE 9)

Article 9 enacts that a person who has voluntarily acquired the citizenship of a
foreign state shall not be deemed to be a citizen of India. This Article deals with
the voluntary acquisition by a citizen of India, of a citizenship of a foreign state
before the commencement of the Constitution. The question whether an Indian
citizen has acquired the citizenship of a foreign country, is one for the
determination by the Central Government and not by the Court. Mere proof of
the fact that a person has obtained a passport from a foreign country, is not
sufficient, to order his deportation from India or prosecute him, unless there has
been a decision of the Central Government in this respect.8

CONTINUANCE OF RIGHT OF CITIZENSHIP (ARTICLE 10)

Article 10 provides that every person who is or is deemed to be a citizen of

India under the provisions of Articles 5 to 8, shall continue to be a citizen of
India, subject, however, to the provisions of any law that may be made by the
Parliament. It thus enacts that the right to Citizenship of India given under the
provisions of the Constitution can only be taken away by an express law made
by the Union Parliament for the purpose.9

In Ebrahim Wazir v. State of Bombay,10 footnote and emphasis., the

appellant, a citizen of India, having entered India from Pakistan without a
permit, was ordered to be removed to Pakistan under Section 7 of the Influx
from Pakistan (Control) Act, 1949.

8. Id page no.59

9. Ibid

10. AIR 1954 SC 229

The Supreme Court held Section 7 ultra vires the Parliament because it allowed
the forcible removal of an Indian citizen from India, destroying his right of
citizenship, conferred by Part II of the Constitution. The right of Citizenship,
the Court ruled, could only be taken away by recourse to Article 11 of the
Constitution. It was, thus held, that in the absence of a law expressly made
under Article 11, the right of citizenship, which a person has acquired under
Part II, could not be destroyed by an Act made for a different purpose.

CITIZENSHIP OF INDIAAFTER THE COMMENCEMENT OF THE

CONSTITUTION (THE CITIZENSHIP ACT, 1955)

Article 11 of the Constitution expressly empowers the Union Parliament to

make a new law with respect to the acquisition or termination of citizenship of
India after the commencement of the Constitution and all other related matters.

ACQUISITION OF CITIZENSHIP OF INDIA After the commencement of

the constitution (i.e., after 26th January, 1950)

The Citizenship Act, 1955 provides the following modes of acquiring Indian
Citizenship after the commencement of the Constitution-

Citizenship by Birth (Section 3)

Section 3 of the Citizenship Act, 1955 provides that every person born in India
on or after 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 poer and (he
or she, as the case may be) is not an Indian citizen; or
(b) His father (or mother) is an enemy alien and his birth takes place in a
territory then under enemy occupation.

The Citizenship Act, 1955 has been amended by the Citizenship (Amendment)
Act, 1986 with the object of making the acquisition of citizenship of India
somewhat difficult. The object is to prevent persons coming to India from
Bangladesh, Sri Lanka and other African countries, from becoming citizens of
India.

The Amendment Act, 1986, amends Section 3 of the Citizenship Act, 1955 and
provides that citizenship by birth can be acquired only by such persons whose
either of the parents is a citizen of India at the time of his birth. This
Amendment came into force on 26th November, 1986 and therefore is applicable
to cases occurring after this date. Therefore, a person born within the territory of
India on or after 26th November, 1986 would become a citizen of India only if at
the time of his birth either of his parents is a citizen of India.11

In Jan Balaz v. Anand Municipality,12..footnote and emphasis..a child born

in India, to surrogate mother, an Indian National, whose biological father is
foreign national, is held to be citizen of India by birth under Section 3(1)(c)(ii)
of the Citizenship Act, 1955.

Citizenship by Decent (Section 4)

Section 4 of the Citizenship Act, 1955 provides that a person born outside India
on or after 26th January, 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 father of such a person is himself a citizen of India by descend,

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 the 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, or within such period as extended by the Government of
India.

The Citizenship (Amendment) Act, 1992 has amended Section 4 of the

Citizenship Act, 1955 to the effect that in place of the words 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.13

11. Id page no. 61

12. Ibid

13. AIR 2010 Guj. 21

Citizenship by Registration (Section 5)

Section 5 of the Citizenship Act, 1955 provides for the registration of certain
categories of persons as citizens of India. This Section lays down that the
prescribed authority may, on application made in this behalf, register as citizen
of India, any person, who is not a citizen by virtue of any provision of the
Constitution or by virtue of any other provisions of the Citizenship Act, 1955
and belongs to any of the following categories:

(a) Persons of India origin, who are ordinarily resident in India and have
been so resident for six months (five years)14 immediately before making
an application for registration;
(b) Persons of Indian origin who are ordinarily resident in a country or place
outside undivided India.
(c) Women, who are or have been married to citizens of India. After the
passing of the Citizenship (Amendment) Act, 1986, this provision reads
persons who are, or have been, married to citizens of India and are
ordinarily resident in India and have been so resident for five years
immediately before making an application for registration;
(d) Minor children of persons who are citizens of India; and
(e) Persons of full age and capacity who are citizens of a country mentioned
in the First Schedule to the Citizenship Act, 1955.

Section 5 further provides that the central Government may lay down conditions
and restrictions subject to which the above categories of persons may be
registered. The government has framed the following rules for the purpose:

(i) A person shall be deemed to be of Indian origin if he or either of his

parents or any of his grandparents was born in undivided India;
(ii) A person of full age shall not be registered as a citizen of India unless
he takes an oath of allegiance to the Constitution of India;
(iii) A person who has renounced or has deprived of his Indian Citizenship
or whose Indian citizenship has been terminated, shall not be
registered as a citizen except by order of the central government;
(iv) A minor may be registered as a citizen if the Central Government is
satisfied that there are special circumstances justifying such a
registration; and

14. The Citizenship (Amendment) Act, 1986 extended this period of six months to 5 years
w.e.f. 26th November, 1986
 (v) A person so registered shall be a citizen of India by registration, as
from the date he is so registered.

A certificate of registration is conclusive evidence of acquiring Indian

Citizenship except when it is proved otherwise. The Government of India has
unrestricted power under Section 14 of the Citizenship Act, 1955 to refuse
citizenship without assigning any reasons whatsoever and a foreign national
cannot claim equal rights under Article 14 of the Constitution of India with that
of the Indian nationals.

Citizenship by Naturalisation (Section 6)

Naturalisation means to adopt, to introduce to any other country, to admit to

citizenship, or to naturalize as a citizen of a State.

In the context of Citizenship, naturalisation is the act by which rights of

citizenship are conferred by a state upon a person who was before an alien to
that state.

Section 6 of the Citizenship Act, 1955 provides for the acquisition of citizenship
of India by naturalisation. It is applicable to person of full age and capacity who
are not citizens of the countries mentioned in the First Schedule to the Act.

The Government of India may, if satisfied that the applicant is qualified for
naturalisation, grant him a certificate of naturalisation. The qualifications for
naturalisation of a person are as follows-

(i) That he must not be a citizen of a country where Indian citizens are
prevented from becoming citizens of that country by naturalisation.
(ii) That he has renounced the citizenship of his own country according to
the law of that country and has notified such renunciation to the
Central Government.
(iii) That he has either resided in India pr has been in service of
Government of India for 12 months immediately preceding the date of
making the application for naturalisation.
(iv) That during 7 years (12 years),15 (14 years)16 immediately preceding
the above period of 12 months, he has either resided in India or has

15. The words 7 years replaced by words 12 years. This change was incorporated
by the Citizenship (Amendment) Act, 1986
16. Subs. By the Citizenship (Amendment) Act, 2003
 been in the service of Government of India or partly the one or partly
the other, for period amounting in aggregate to not less than 4 years (9
years),17 (11 years),18
(v) That he is of good character
(vi) That he has adequate knowledge of at least one language recognised
by the Constitution of India
(vii) That in the event of a certificate of naturalisation being granted to him,
he intends to reside in India or to serve under the Government of India
or under an International Organisation or under a society, company or
body of persons established in India.

The Government of India may waive all or any of the above conditions for
naturalisation, in the case of a person who. In its opinion, has rendered
distinguished service for the cause of science, philosophy, art, literature, world
peace or human progress generally.

Citizenship by Incorporation of territory (Section 7)

Section 7 of the Citizenship Act, 1955 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.

CITIZENSHIP OF PERSONS COVERED BY ASSAM ACCORD, 1985

The Citizenship (Amendment) Act, 1985 inserted Section 6-A in the Citizenship
Act, 1955, to give effect to the memorandum of settlement relating to the
foreigners issue in Assam. This Section provides Citizenship of India for
persons of Indian origin who had come to Assam before 1st January, 1966.

17. This change was incorporated by the Citizenship (Amendment) Act, 1986

18. Subs. by the Citizenship (Amendment) Act, 2003

Those, who came to Assam after 1st January, 1966 but before 25th march, 1971,
and have been detected to be foreigners would have to register themselves. Such
persons shall have the rights and obligations as citizens of India. But, such
persons shall be deemed to citizens of India for all purposes as from the date of
expiry of a period of 10 years from the date of which they have been detected to
be foreigners.

Overseas Citizenship

OVERSEAS CITIZENSHIP FOR PERSONS OF INDIAN ORIGIN

The Citizenship (Amendment) Act, 2003, provides for dual citizenship to

Persons of Indian Origin (PIOs) residing in 16 countries. Among other things,
the Act simplifies the procedure to facilitate the re-acquisition of Indian
Citizenship by persons of full age, who are persons of Indian origin and former
Indian citizens, without having to forgo the citizenship of the countries in which
they live. As per the Act, the PIOs who seek dual citizenship, would be allowed
free movement without visas and be able to own properties, build or invest
directly in projects in the country. However, they will not have any political
rights, will not be allowed to vote or run for office or take jobs in defence
services. 19

REGISTRATION 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 has obtained
the citizenship 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)20

19. Id page no. 65

20. SUPRA 2, Id page no. 48

The registration, as an overseas citizen of India, may be done by the Central
Government, subject to certain conditions and restrictions including the
condition of reciprocity, as may be prescribed by the said Government. The
person, so registered, shall be an overseas citizen of India, as from the date on
which he is so registered.21

No person, who has been deprived of his Indian citizenship, under the
Citizenship (Amendment) Act, 2003, shall be so registered, except by an order
of the Central Government.22

TERMINATION OF CITIZENSHIP OF INDIA

Article 9 of the Constitution, lays down that a citizen of India whether by virtue
of Article 5 or Article 6 or Article 8, shall cease to be a citizen of India, if he
has voluntarily acquired the citizenship of any foreign State. Under this
provision, a citizen of India, shall cease to be a citizen of India, if he had
voluntarily acquired the citizenship of a foreign state, prior to or at the
commencement of the Constitution.

As regards the termination of Citizenship of India subsequent to the

commencement of the Constitution, the Citizenship Act, 1955 provides the
following ways-

(a) By renunciation
(b) By termination
(c) By deprivation

Renunciation of Citizenship (Section 8)

Section 8 of the Citizenship Act, 1955 provides that a citizen of India of full age
and capacity, [who is also a citizen or a national of any other country], may
renounce his Indian Citizenship, by making a declaration to the effect, (in the
prescribed form or manner),23 and having it registered with the prescribed
authority. Upon such registration, that person shall cease to be citizen of India.

21. Clause (2) of the Citizenship (Amendment) Act, 2003

22. Clause (3) of the Section 7-A of the Citizenship (Amendment) Act, 2003

23. Inserted by the Citizenship (Amendment) Act, 2003, Section 8 (b)

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 male person renounces his
citizenship, every minor child of that person shall also cease to be citizen of
India. However, such a child may resume Indian citizenship by making a
declaration [in the prescribed form and manner]24 to that effect, within one year
of his attainment majority/maturity.

For the purpose of renunciation, any woman, who is or has been married, shall
be deemed to be of full age.

The Citizenship (Amendment) Act, 1992 has amended sub-section (2) of

Section 8 to the effect that in place of the words a male person, the words a
person shall be substituted. Thus, the minor children of a person, whether male
or female, who renounces his/her Indian citizenship, shall also cease to be
citizens of India.

Section 7-C of the Citizenship (Amendment) Act, 2003, enables an overseas

citizen of India, of full age and capacity, to renounce his overseas citizenship of
India by making a declaration and getting it registered with the Central
Government. Upon such registration he shall cease to be an overseas citizen of
India. Every minor child of such a person shall also cease to be an overseas
citizen of India.

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.

24. Inserted by the Citizenship (Amendment) Act, 2003

Cases that would ordinarily arise about loss of Indian citizenship by acquisition
of foreign citizenship would be of three kinds-

(a) Indian citizen who voluntarily acquires the citizenship of any other State
or country prior to the commencement of the Constitution;
(b) Indian citizen who voluntarily acquires the citizenship of any other State
or country between 26th January, 1950 and December 30, 1955, i.e., the
date of commencement of the Citizenship Act, 1955;
(c) Indian citizen who voluntarily acquires foreign citizenship after the date
of commencement of the Citizenship Act, i.e., December 30, 1955.

As regards the first category, it would be dealt with under Article 9 of the
Constitution. The second and third categories would be covered by the
provisions of Section 9 of the Citizenship Act, 1955.

Deprivation of Citizenship (Section 10)

Section 10 of the Citizenship Act, 1955 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-

(i) That the registration or certificate of naturalisation was obtained by

him by means of fraud, false representation or concealment of any
material fact; or
(ii) That he has shown himself, by act or speech, to be disloyal or
disaffected towards the Constitution of India; or
(iii) That he, during a war in which India may be engaged, unlawfully
traded or communicated with the enemy; or
(iv) That within five years of his registration or naturalisation, he has been
sentenced to imprisonment for not less than two years; or
(v) That he has been ordinarily resident out of India for seven 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 Government of India, or of an International
Organisation of which India is a member; nor registered annually in
the prescribed manner, at an Indian Consulate his intention to retain
his citizenship of India.
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 proposal is made on any of
the above mentioned grounds specified in (i) to (iv) clauses, that person
might have his case referred to a Committee of Inquiry. The Government
shall then refer the case to a Committee of Inquiry, consisting of a Chairman
and two other members. The Committee shall hold the enquiry and the
Central government shall ordinarily be guided by its report in making the
order.

In Satish Nambiar v. Union of India,25 overseas citizenship granted to the

appellant on 18th may, 2006, was cancelled on 14th February, 2007, in the
interest of security of India and the relationship with foreign countries. The
order was based on the adverse report of the Special Security Agency.
Holding that the order of cancellation of OCI was primarily an
administrative decision, take with reference to the peculiar facts and
circumstances of the case, the Bombay High Court said the order could not
be examined by the Court.

COMMONWEALTH CITIZENSHIP (SECTION 11)

Section 11 of the Citizenship Act, 1955, provides for the Commonwealth

Citizenship. It lays down that every person, who is a citizen of a
Commonwealth country, shall by virtue of that citizenship, enjoys the status
of a Commonwealth Citizen in India. Section 12 of the Citizenship Act,
1955, further provides that the Central Government may, by an order,
notified in the Official Gazette, make provisions, on the basis of reciprocity,
of the conferment of all or any of the rights of an Indian citizen, on a citizen
of a Commonwealth country.26

25. AIR 2008 Bom. 158

26. These include the UK, Australia, Canada, Israel, Federation of South Rhodesia and
Nayasaland
A COMPANY OR CORPORATION, WHETEHER A CITIZEN OF
INDIA

In State Trading Corporation v. Commercial Tax Officer,27

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 had been conferred upon the citizens only.

The Court in the above case observed that the Indian Constitution did not
define the term citizenship. Part II of the Constitution dealt with Citizenship
in certain circumstances only, but the tenor of these provisions was such that
they could not apply to a juristic person like a corporation. The Citizenship
Act, 1955 expressly excluded a company, association, body of individuals,
whether incorporated or not, from the concept of a person under the Act and
so from the concept of Indian Citizenship. Thus, only a natural person could
be a citizen of India under the Constitution as well as under the Citizenship
Act, 1955.

The Supreme Court distinguished between citizenship and nationality and

stated that a company might have nationality, which was determined by the
place of its incorporation, it did not have citizenship.

The question again arose in Tata Engineering and Locomotive Company

v. State of Bihar.28 In this case, in the petition 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 piercing the corporate veil had
been done only in a very few cases, and that this was an exception rather
than a rule.

27. AIR 1963 SC 1811

28. AIR 1965 SC 40

These cases resulted in an anomalous position. So long as individuals are
carrying on their business individually, they are protected by Article 19 (1)
(g), but, as soon as, they associate themselves and register themselves as a
company, they are denied that protection.

The decisions of the Supreme Court, above quoted, denying to a corporation,

the Fundamental Rights which are available to the citizens only, were not
allowed in the later cases. In Godhra Electric Co. ltd. V. State of
Gujarat,29 the Court held that though a company was not a citizen under
Article 19 but a shareholder, a managing director of a company had right to
carry on business through agency of company and if that right was taken
away or abridged he was not disabled from challenging the validity of the
provisions of any Act, which affected his right.

29. AIR 1975 SC 32

 BIBLIOGARPHY
BOOKS

1. Indian Constitutional Law by M.P. Jain, Wadhwa and Co. Nagpur, 2004.
2. Constitution of India by VN Shukla, Eastern Book Company, Lucknow,
2003.
3. Constitutional law of India by Narender Kumar, Allahabad Law Agency
2012.
4. The Constitution of India by Dr. J.N. Pandey, Central Law Agency, 2013.

ACT

1. The Constitution of India, Universal Law Publishing Co. Pvt. Ltd., New
Delhi, 2014