Supreme Court of India · 1962-02-16
IZHAR AHMAD KHAN vs UNION OF INDIA
- Citation / case number
- SC 1959/162
- Court
- Supreme Court of India
- Petitioner
- IZHAR AHMAD KHAN
- Respondent
- UNION OF INDIA
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court upheld the validity of Section 9(2) of the Citizenship Act, 1955, and Rule 3 of Schedule III of the Citizenship Rules, 1956, which provide that obtaining a passport from another country is conclusive proof of acquiring foreign citizenship. The petitioners' challenge, claiming these provisions violated their fundamental rights under Article 19(1)(e) and were ultra vires, was rejected. The Court clarified that Rule 3 is a rule of evidence and does not infringe upon the petitioners' citizenship status.