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april 1962

Supreme Court of India · 1962-04-17

THE GOVERNMENT OF ANDHRA PRADESH vs SYED MOHD. KHAN

Citation / case number
SC 1961/66
Court
Supreme Court of India
Petitioner
THE GOVERNMENT OF ANDHRA PRADESH
Respondent
SYED MOHD. KHAN
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that under Section 9(2) of the Citizenship Act, 1955, the mere possession of a foreign passport does not automatically result in the cessation of Indian citizenship. The Court emphasized that the Central Government must first determine whether an individual has acquired citizenship of a foreign state before any deportation orders can be issued. The ruling clarified that the High Court's finding that Rule 3 of Schedule III of the Citizenship Rules was ultra vires does not preclude the Central Government from making a decision on citizenship status.

THE GOVERNMENT OF ANDHRA PRADESH vs SYED MOHD. KHAN · Niyam