Report No. 107

Chapter 4

Recommendations

4.1. Problem re: rule 3, Schedule III.-

The decision in Izhar Ahmed's1 case, has been approved in the later decision of the Supreme Court2 that rule 3, Schedule III is intra vires. The Supreme Court in the later decision has however taken the view that, in spite of rule 3, the obtaining of a foreign passport does not operate as conclusive proof that the applicant has acquired foreign citizenship. In view of this coherent conflict on the scope and effect of the rule (not a section of the Act), the Commission feels that the matter should be left to the Supreme Court of India to resolve the conflict. The Commission is therefore not making any suggestion with respect to the matter.

1. Izhar Ahmed v. Union of India, AIR 1962 SC 1052.

2. Md. Ayub Khan v. Union of India, AIR 1965 SC. 3.