Constitution of India -Article 8 – Article 8 will only apply to someone ordinarily residing on the date of commencement of the Constitution in any country outside India as defined in the 1935 Act, as originally enacted-Article 8 not intended to apply to a foreign national born after the commencement of the Constitution. (Para 16)
Citizenship Act 1955 – Section 5 – For applicability of clause (b) of sub-section (1) of Section 5 of the 1955 Act, Pranav will have to establish that he is a person of Indian origin who is an ordinary resident in any country or place outside undivided India. In view of explanation 2 to Section 5, a person shall be deemed to be of Indian origin if (i) he or either of his parents were born in undivided India or (ii) in any such other territory which was not part of undivided India, but became part of India after 15th August 1947. There is no third category mentioned in the explanation- If we read “undivided India” as India as on or after 15th August 1947, we would be doing violence to the plain language of the Explanation- Section 8- Section 8(1) will apply if any citizen of India of full age and capacity makes, in the prescribed manner, a declaration renouncing his Indian Citizenship. Section 8(1) will not apply to the involuntary cessation of citizenship by the operation of law as provided in Section 9(1). Section 8(2) will apply only if the minor child’s parents had voluntarily renounced citizenship by making a declaration- Citizenship of India cannot be conferred on foreign citizens by doing violence to the plain language of the 1955 Act.
Constitution of India – Article 142 –The power under Article 142 is an extraordinary power which should be exercised to deal with exceptional circumstances- This Court will have to be very circumspect when it comes to the exercise of power under Article 142 for the grant of citizenship of India to a foreign national. (Para 24)
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