Citizenship: India
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deals with matters relating to acquisition, determination and termination of Indian | deals with matters relating to acquisition, determination and termination of Indian | ||
citizenship after the commencement of the Constitution. | citizenship after the commencement of the Constitution. | ||
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| + | =Court verdicts= | ||
| + | ==Person born at mother’s house in Pakistan == | ||
| + | [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F03&entity=Ar00322&sk=E8F8E27B&mode=text Swati Deshpande, 50 yrs on, ‘Pak man’ set for Indian citizenship, June 3, 2018: ''The Times of India''] | ||
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| + | Six months after the Bombay high court directed the Indian government to consider a citizenship plea made by a Pakistan-born man residing for 50 years in the city, the Mumbai collector administered him the oath of allegiance, the first step towards citizenship. | ||
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| + | The court, while granting Asif Karadia (53) protection against deportation in January, had observed after hearing his lawyer Sujay Kantawala and government pleader Purnima Kantharia that it was a “unique case”. Karadia was born in Pakistan and came to India as a toddler. His father, Abbas, is an Indian citizen. | ||
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| + | Karadia (L) came to India in 1967 | ||
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| + | Karadia’s dad got married in Guj in 1962 | ||
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| + | Asif Karadia’s father had got married in 1962 in Gujarat to a woman who had a passport from Pakistan, which said she was born in Mumbai. The HC observed that “though conceived in India, as per customs, his (Asif ’s) mother went to her parents’ place in Karachi where he was born on April 19, 1965.” Mother and child came to India in 1967 and have lived here since. Asif has been residing on long-term visas. | ||
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| + | The father had filed the petition to seek Indian citizenship for his son after a deportation scare. Asif had applied for citizenship in March 2015. Their case was that under Section 5 of the Citizenship Act, Asif was eligible to be granted Indian citizenship. Article 5 of the Indian Constitution allows a person “either of whose parents was born in the territory of India” to become a citizen. Asif ’s name was stamped on his mother’s Pakistani passport after his birth. But in 1972, the Indian government granted citizenship to his mother after she surrendered her passport. | ||
Revision as of 12:28, 4 June 2018
This is a collection of articles archived for the excellence of their content. the Facebook community, Indpaedia.com. All information used will be acknowledged in your name. |
The basics
The Constitution of India provides for a single citizenship for the whole of India. Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India and: (a) who was born in India; or (b) either of whose parents was born in India; or (c) who has been ordinarily resident in India for not less than five years became a citizen of India. The Citizenship Act, 1955, deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.
Court verdicts
Person born at mother’s house in Pakistan
Swati Deshpande, 50 yrs on, ‘Pak man’ set for Indian citizenship, June 3, 2018: The Times of India
Six months after the Bombay high court directed the Indian government to consider a citizenship plea made by a Pakistan-born man residing for 50 years in the city, the Mumbai collector administered him the oath of allegiance, the first step towards citizenship.
The court, while granting Asif Karadia (53) protection against deportation in January, had observed after hearing his lawyer Sujay Kantawala and government pleader Purnima Kantharia that it was a “unique case”. Karadia was born in Pakistan and came to India as a toddler. His father, Abbas, is an Indian citizen.
Karadia (L) came to India in 1967
Karadia’s dad got married in Guj in 1962
Asif Karadia’s father had got married in 1962 in Gujarat to a woman who had a passport from Pakistan, which said she was born in Mumbai. The HC observed that “though conceived in India, as per customs, his (Asif ’s) mother went to her parents’ place in Karachi where he was born on April 19, 1965.” Mother and child came to India in 1967 and have lived here since. Asif has been residing on long-term visas.
The father had filed the petition to seek Indian citizenship for his son after a deportation scare. Asif had applied for citizenship in March 2015. Their case was that under Section 5 of the Citizenship Act, Asif was eligible to be granted Indian citizenship. Article 5 of the Indian Constitution allows a person “either of whose parents was born in the territory of India” to become a citizen. Asif ’s name was stamped on his mother’s Pakistani passport after his birth. But in 1972, the Indian government granted citizenship to his mother after she surrendered her passport.
