Case: State Of Uttar Pradesh &amp; Ors Vs. Shah Mohammad &amp; Anr

pointed out in the above decision of this Court it would be open to the Parliament to affect the rights of citizens and the provisions made by the Parliamentary statute cannot be impeached on the ground that they are inconsistent with the provisions contained in other Articles in Part II of the Constitution.The Act has been enacted under the powers of the Parliament preserved by Article 11 in express terms. The Parliament had also legislative competence under Entry 17, List I of Seventh Schedule. It could thus make a provision about the forum where the question as to whether a person had acquired citizenship of another country could be determined and this is what has been done by Rule 30. The cases that would ordinarily arise about loss of Indian citizenship by acquisition of foreign citizenship would be of three kinds: (1) Indian citizens who voluntarily acquired citizenship of a foreign State prior to the commencement of the Constitution; (2) Indian citizens who voluntarily acquire the citizenship of another State or country between January 26, 1950 and December 30, 1955 i.e., the date of commencement of the Act; and (3) Indian citizens who voluntarily acquired foreign citizenship after the date of commencement of the Act i.e., December 30, 1955. As regards the first category they were dealt with by Article 9 of the Constitution. The second and the third categories would be covered by the provisions of Section 9 of the Act. If a question arises as to whether, when or how an Indian citizen has acquired the citizenship of another country that has to be determined by the Central Government by virtue of the provisions of sub-section (2) of Section 9 read with Rule 30 of the Citizenship Rules.6. Counsel for respondent No. 1 has relied on a decision of a learned Single Judge of the Allahabad High Court in Abida Khatoon v. State of U. P., AIR 1963 All 260 which was followed in the present case. There it was observed that a litigant, after filing a suit, acquired a vested right to have all questions determined by the Court in which the suit was filed and that the institution of the suit carried with it all the rights of appeal then in force. Referring to the normal principle that an Act is ordinarily not retrospective, that vested rights are not disturbed and that the jurisdiction of the civil courts in pending cases is not taken away by the creation of a new tribunal for the determination of a particular question, the learned Judge held that there was nothing in the language or the scheme of the Act to suggest that Parliament wanted to depart from these principles. We are unable to agree. In our judgment from the amplitude of the language employed in Section 9 which takes in persons in, category (2) mentioned above, the intention has been made clear that all cases which come up for determination where an Indian citizen has voluntarily acquired the citizenship of a foreign country after the commencement of the Constitution have to be dealt with and decided in accordance with its provisions. In this view of the matter the entire argument which prevailed with the Allahabad Court can have no substance.7. It has next been contended that retrospective operation should not be given to Section 9 of the Act because loss of citizenship is a serious and grave matter and it involves loss of personal liberty. Under Article 21 no person can be deprived of his life or personal liberty except according to procedure established by law. The procedure established by law before the commencement of the Act was the ordinary procedure of determination by Civil Courts whenever a question arose about loss of Indian citizenship by acquisition of citizenship of a foreign country or State. It is suggested by learned Counsel for respondent No. 1 that by giving retrospective operation to Section 9 so as to make it applicable to pending proceedings the provisions of Article 21 will be contravened or violated. This would render Section 9 of the Act unconstitutional. It is somewhat difficult to appreciate the argument, much less to accede to it.If the Parliament was competent under Article 11, which is a constitutional provision read with the relevant Entry in List I to legislate about cases of persons belonging to categories 2 and 3 referred to at a previous stage it could certainly enact a legislation in exercise of its sovereign power which laid down procedure different from the one which obtained before. The new procedure would itself become the "procedure established by law" within the meaning of Article 21 of the Constitution. Therefore even on the assumption that loss of Indian citizenship with consequent deportation may involve loss of personal liberty within the meaning of Art. 21, it is not possible to hold that by applying Section 9 of the Act and Rule 30 of the Rules to a case in which a suit had been instituted prior to the commencement of the Act there would be any contravention or violation of that Article.8. In conclusion it may be mentioned that this Court, in several cases, has consistently held that questions falling within Section 9 (2) have to be determined to the extent indicated therein by the Central Government and not by the Courts.Such matters as are not covered by that provision have, however, to be determined by the Courts; (see Akbar Khan Alam Khan v. Union of India, 1962 (1) SCR 779 = (AIR 1962 SC 70 ) and (1962) Supp (3) SCR 235=(AIR 1962 SC 1052 ) and Government of Andhra Pradesh v. Syed Mohd. Khan, (1962) Supp (3) SCR 288= (AIR 1962 SC 1778 )).9. In the present case the High Court ought not to have called for a decision of the lower appellate Court on the issue of the plaintiff having acquired or not acquired the citizenship of Pakistan between July 3, 1952 and the date of his return to India.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]The validity of the provisions of the Act and the Rules is no longer open to challenge. It has not been disputed by learned counsel for respondent No. 1 that after the enforcement of the Act and promulgation of Rule 30 the only authority which is competent to determine whether citizenship of Pakistan has been acquired by him is the Central Government. But it has been strenuously urged that the suit in the present case had been instituted prior to the date of enforcement of the Act and therefore respondent No. 1 was entitled to get this question determined by the Courts and not by the Central Government. In other words Section 9 of the Act cannot be given retrospective operation so as to be made applicable to pending proceedings. Thus the first point which as to be decided is whether Section 9 either expressly or by necessary implication has been made applicable to or would govern pending proceedings.The language of sub-s. (1) is clear and unequivocal and leaves no room for doubt that it would cover all cases where an Indian citizen has acquired foreign nationality between January 26, 1950 and its commencement or where he acquires such nationality after its commencement.The words "or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired the citizenship of another country" would become almost redundant if only prospective operation is given to S. 9 (1) of the Act. This according to the settled rules of interpretation cannot beis somewhat difficult to appreciate the argument, much less to accede to it.If the Parliament was competent under Article 11, which is a constitutional provision read with the relevant Entry in List I to legislate about cases of persons belonging to categories 2 and 3 referred to at a previous stage it could certainly enact a legislation in exercise of its sovereign power which laid down procedure different from the one which obtained before. The new procedure would itself become the "procedure established by law" within the meaning of Article 21 of the Constitution. Therefore even on the assumption that loss of Indian citizenship with consequent deportation may involve loss of personal liberty within the meaning of Art. 21, it is not possible to hold that by applying Section 9 of the Act and Rule 30 of the Rules to a case in which a suit had been instituted prior to the commencement of the Act there would be any contravention or violation of that Article.8. In conclusion it may be mentioned that this Court, in several cases, has consistently held that questions falling within Section 9 (2) have to be determined to the extent indicated therein by the Central Government and not by the Courts.Such matters as are not covered by that provision have, however, to be determined by the Courts; (see Akbar Khan Alam Khan v. Union of India, 1962 (1) SCR 779  = (AIR 1962 SC 70  ) and (1962) Supp (3) SCR 235=(AIR 1962 SC 1052  ) and Government of Andhra Pradesh v. Syed Mohd. Khan, (1962) Supp (3) SCR 288= (AIR 1962 SC 1778  )).9. In the present case the High Court ought not to have called for a decision of the lower appellate Court on the issue of the plaintiff having acquired or not acquired the citizenship of Pakistan between July 3, 1952 and the date of his return to India.