Constitution of India – Citizenship (Cases)
Cases- Rights of citizenship of certain migrants to Pakistan-
Kulathi v. State of Kerala Air 1967 SC 1614, followed in Mashkurul Hassan v.Union of |India AIR 1967 SC 565.
In this case the Majority held that the word ‘ migrate’ was used in a wider sense of moving from one country to another with the qualification that such movement was for permanent residence.
The SC has overruled its earlier decision in Smt. Shanno Devi v. Mangal Sain, Air 1961 SC 58, in which it was held that the word ‘ migrated’ meant going from one place to another with the intention of permanently residing in the latter place.
In State of Bihar v. Kumar Amar Singh AIR 1955 SC 282
It was held that ‘ there could be no doubt that the lady must be held to have migrated from the territory of India after 1st March, 1947, although her husband stayed in India.but she could not prove that she went to Pakistan for a temporary purpose.” The SC observed: “ Article 7 clearly overrides Article 5. It is pre- emptory in its scope and makes no exception for such a case of the wife migrating to Pakistan leaving her husband in India.”
The SC has held that those who had voluntatily migrated to Pakistan and became citizens of Pakistan cannot claim the citizenship of India on the ground that they had been living in the territory of India for a long time and their names have been included in the voters list also.