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Report No. 107

Chapter 3

Comments Received


In response to the working paper issued by us, we have received the following comments:

(1) The Advocates Association1 has commented that the first problem need not be dealt with by the Commission in view of the fact that that decision of the Supreme Court2 has been the law for the last 22 years. As regards the second problem the Association agrees with the suggestion of the Commission; and as regards the third, the Association doubted whether a mere fixation of time limit would be sufficient.

(2) One gentleman3 has pointed out that some persons, living in foreign countries, take up foreign citizenship for professional purposes and that such an action thrusts foreign citizenship on the minor children. He suggested that Indian citizenship should be automatically restored to such persons and the children or the Government of India should recognise dual citizenship for such persons. There is at present a provision for a minor to apply for Indian citizenship when he becomes a major. As regards the person who has acquired foreign citizenship, he also can apply for Indian citizenship,

(3) An Advocate4 has pointed that in Bombay, the application under section 5(1)(a), Citizenship Act in to be filed before the Chief Metropolitan Magistrate, that the application is then forward to the CID office, then to the Passport section in the Bombay Secretariat and finally to the Home Office or Foreign Office at New Delhi. He pointed out that this processing of the application causes enormous delay in the disposal of the application.

1. Law Commission File No. 2(11)/84-L.C., S. No. 9(R).

2. Izhar Ahmed's case, AIR 1962 SC 1052.

3. Law Commission File No. 2 (11)/8-L.C., S. No. 7(R).

4. Law Commission File No. 2(11)/8-L.C., S. No. 6(R).

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