Case Note & Summary
This civil appeal by special leave arose from the judgment of the Madhya Pradesh High Court at Indore in Second Appeal No. 473 of 1959 dated January 23, 1960. The appellants filed a suit against the Union of India, State of Madhya Pradesh and District Magistrate, Jhabua seeking a declaration that they were citizens of India and an injunction restraining the defendants from removing them from India. The appellants claimed they were Indian citizens and had not ceased to be such. They stated that in the beginning of 1953 they went to Pakistan for a temporary visit without a passport, but when they wanted to return they were compelled to obtain Pakistani passports. They alleged that they obtained these passports only as a device for securing their return to India and had really been compelled to obtain them against their will. They also stated that they made all efforts for cancellation of the passports and to obtain permission to stay in India permanently but were unsuccessful. The State of Madhya Pradesh served an order dated November 11, 1955 under Section 3(2) of the Foreigners Act, 1946 asking them to leave the country, which they contended was illegal as they were not foreigners. In the written statement, the defendants stated that the appellants had left India between March and May 1948 and returned for the first time on a temporary Pakistani passport sometime in early 1955. They also stated that permits granted to remain in India were extended up to about October 1955 and thereafter quit India orders were served. The defendants contended that the appellants were not citizens of India as they had voluntarily acquired Pakistani citizenship by obtaining passports from Pakistan. The trial court dismissed the suit as not maintainable under Section 9(2) of the Citizenship Act, 1955. The first appellate court and the High Court affirmed this view. The core legal issue was whether the civil court's jurisdiction was barred in its entirety by Section 9(2) of the Citizenship Act, 1955. The appellants argued that jurisdiction of a civil court can be ousted only when a right is created by a statute and a Tribunal is set up for determination of that right by that statute; they also contended that they had no right to approach the Central Government, so the civil court should decide the question. The respondents, through the Attorney-General, conceded that except for the bar under Section 9 there was no other bar to the suit. The Supreme Court held that Section 9(2) bars the jurisdiction of a civil court only to decide the question whether, when or how any person has acquired the citizenship of another country. It does not prevent a civil court from determining other questions concerning nationality. The suit raised both the barred question of acquisition of Pakistani citizenship and the unbarred question whether the appellants had ever been Indian citizens under Article 7 of the Constitution. Therefore, the entire suit should not have been dismissed. The Court directed that the lower court should first decide whether the appellants had ever been Indian citizens. If that question was answered in the negative, the suit would be dismissed. If answered in the affirmative, the court should stay further proceedings until the Central Government decided whether the appellants had renounced Indian citizenship and acquired a foreign citizenship, and then dispose of the suit accordingly. The appeal was allowed, judgments and orders of the courts below were set aside, and the suit was remanded with these directions. No order as to costs.
Headnote
A) Citizenship - Civil Court Jurisdiction - Section 9(2), Citizenship Act, 1955 - Bar on civil court is limited to question whether, when or how any person acquired citizenship of another country - Civil court is not prevented from determining other questions concerning nationality - Suit for declaration as Indian citizens and injunction against removal raised both the issue of acquisition of Pakistani citizenship and prior Indian citizenship; entire suit should not have been dismissed solely on Section 9(2) bar - Held that courts below erred in dismissing suit in entirety; civil court should first decide whether appellants had ever been Indian citizens; if yes, then stay further proceedings until Central Government decides foreign citizenship acquisition, and if no, dismiss suit (Paras 1-4). B) Citizenship - Determination of Foreign Citizenship Acquisition - Section 9(2), Citizenship Act, 1955 read with Rule 30, Citizenship Rules, 1956 - Question whether, when or how any person acquired citizenship of another country shall be determined by Central Government as prescribed authority - Civil court's jurisdiction to decide such question is barred - Appellants pleaded they had not voluntarily acquired Pakistani citizenship, thereby raising that question; the civil court could not decide it, Central Government alone was competent - Held that appellants' suit to that extent was barred, but not wholly barred (Paras 1-3). C) Constitutional Law - Citizenship under Article 7, Constitution of India - Person who migrated to Pakistan between March 1, 1947 and January 26, 1950 may be deemed never to have been Indian citizen - Civil court jurisdiction to decide whether appellants had ever been Indian citizens is not affected by Section 9(2), Citizenship Act, 1955 - Respondents contended appellants left India between March and May 1948 and returned on Pakistani passport in early 1955, relying on Article 7 to say they never acquired Indian citizenship - Held that civil court can decide this question; if answered in affirmative, suit dismissed; if in favour of Indian citizenship, further proceedings stay (Paras 2-4).
Issue of Consideration
Whether a suit for declaration of Indian citizenship and injunction against removal was barred in its entirety by Section 9(2) of the Citizenship Act, 1955, and to what extent civil court jurisdiction is barred in matters of nationality
Final Decision
Appeal allowed; judgments and orders of courts below set aside; suit remanded to trial court to be heard and decided on all questions except whether appellants, having been Indian citizens for some time, renounced that citizenship and acquired foreign citizenship. If court finds appellants were never Indian citizens, suit shall be dismissed; if court finds they were Indian citizens earlier, court shall stay further hearing till Central Government decides whether appellants acquired foreign nationality subsequently and then dispose of suit accordingly. No order as to costs.
Law Points
- Section 9(2) of Citizenship Act
- 1955 bars civil court jurisdiction only on question whether
- when or how any person acquired citizenship of another country
- civil court can decide other nationality questions including whether person was ever Indian citizen
- if court finds person was Indian citizen earlier
- it must stay suit until Central Government decides foreign citizenship acquisition under Rule 30 of Citizenship Rules
