Citizenship under the Constitution of India

The Patna High court passed the judgement on 10.02.1955 giving details about the citizenship of India under the Constitution of India. The case State of Bihar vs. Kumar Amar Singh and others having the citation of 1955 AIR 282 was presided over by Justice Das, Sudhi Ranjan , Justice Bhagwati Natwarlal H., Justice Jagannadhadas, Justice Aiyyar, Justice T.L Venkatarama, Justice Sinha and Justice Bhuvneshwar P.



In this case, a lady went to Karachi on July 1948 (after first day of March 1947), leaving her husband in India. She contended that she went to Pakistan for medical purposes, which was found baseless. After obtaining a temporary permit wherein it was stated that she was domiciled in Pakistan and was the Pakistan national, she again returned to India in December 1948. On the expiry of that temporary permit, she went back to Pakistan in April 1949. She made an effort to get the permit to settle in India permanently, but her efforts failed. When her property in India was being given to custodian, she pleaded to be an Indian citizen.



It was held that there could be no doubt that the lady must be held to have migrated from the territory of India after 1 March 1947, although her husband has stayed in India. Migration in this Article refers to one before 26 January 1950, i.e. between 1 March 1947 and 26 January 1950. The SC observed: “ Article 7 clearly overrides Article 5. It is pre- emptory in its scope and makes no exception for such a case of the wife migrating to Pakistan leaving her husband in India.”

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