Regions & Countries



AIR 1951 Nag 38

Year Decided



India    Nagpur HC    

Relevant Legislation (Internal Link)

The Influx from Pakistan (Control) Act, 1949


The court held that nothing in Articles 5 & 6 of the Indian Constitution precludes the Parliament from enacting a law imposing the requirement of a permit for return to India or of cancellation of such permit. The power to cancel a permit is implicit in the power to grant one. Therefore, Parliament is competent to provide for the cancellation of a permit. This power rests with any sovereign legislature and Article 11 explicitly states nothing in Part II shall derogate from the power of Parliament to make any provision for the termination of citizenship. Therefore, R. 29, Permit System Rules is not in conflict with Articles 5 to 9 of the Constitution.

Supporting institutions