IZHAR AHMAD KHAN versus UNION OF INDIA

IZHAR AHMAD KHAN versus UNION OF INDIA

Rule 3 of Schedule III of the Citizenship Rules, which makes obtaining a passport from another country conclusive proof of voluntary acquisition of foreign citizenship, is a rule of evidence and valid. Section 9(2) of the Citizenship Act, 1955 is constitutional because it provides sufficient guidance and does not confer unguided power; the right to citizenship is not a fundamental right.

Parties
Petitioner: Izhar Ahmad Khan; Respondent: Union of India; Petitioner: Syed Abrarul Hassan; Petitioner: Habib Hidayatullah
Jurisdiction
India
Judgment Date
16 February 1962
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Citizenship – Termination and Determination, Rule Making Power – Validity, Delegated Legislation, Fundamental Rights – Article 19(1)(e)
Constitutional Law Citizenship Law Administrative Law Citizenship – Termination and Determination Rule Making Power – Validity Delegated Legislation Fundamental Rights – Article 19(1)(e)

Case Brief

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Parties

Izhar Ahmad Khan

Petitioner

Union of India

Respondent

Syed Abrarul Hassan

Petitioner

Habib Hidayatullah

Petitioner

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether Rule 3 of Schedule III of the Citizenship Rules, 1956 which treats obtaining a passport from another country as conclusive proof of acquisition of foreign citizenship is valid
  2. 2 Whether Section 9(2) of the Citizenship Act, 1955 is constitutionally valid
  3. 3 Whether citizenship is a fundamental right under the Constitution

Ratio Decidendi

Rule 3 of Schedule III of the Citizenship Rules, which makes obtaining a passport from another country conclusive proof of voluntary acquisition of foreign citizenship, is a rule of evidence and valid. Section 9(2) of the Citizenship Act, 1955 is constitutional because it provides sufficient guidance and does not confer unguided power; the right to citizenship is not a fundamental right.

Court Disposition

Petitions dismissed

Orders

  • Petitions fail and are dismissed
  • No order as to costs