Applicant left India for Pakistan following the partition. He came to India on a temporary permit to marry and take his new family to Pakistan. His wife refused to go to Pakistan, and the applicant continued staying in India beyond his permit, no longer wanting to go to Pakistan. Applicant was arrested under the Influx from Pakistan Act. The court found that the applicant had intention to get Pakistani nationality in his initial migration there, and his subsequent intention of not wanting to go to Pakistan again presupposed this intention of having initially renounced Indian nationality for Pakistan. The word "migration" in Article 7 of the Constitution, with respect to citizenship, embraced the notion of the transference of allegiance from the country of departure to the country of adoption. Therefore, he was held to no longer be a citizen of India.
Case Law
Badruzzaman vs State
Summary/Remarks