STATE OF ANDHRA PRADESH vs ABDUL KHADER

The Supreme Court held that under Section 9(2) of the Citizenship Act, 1955, only the prescribed authority, which is the Central Government, can determine if an individual has renounced Indian nationality. The Court found that the mere fact of obtaining a Pakistan passport does not automatically imply renunciation of Indian citizenship. It ruled that the lower courts lacked the authority to conclude that the respondent had acquired Pakistan nationality without the requisite inquiry mandated by the Citizenship Act. Consequently, the conviction under the Foreigners Act was set aside, affirming the respondent's status as an Indian citizen under Article 5(a) of the Constitution.