Regions & Countries

India    

Citation

AIR 1955 SC 282

Year Decided

1955    

Court

India    Supreme Court of India    

Supporting PDF(s)

State of Bihar v Kumar Rani Sayeeda Khatoon 

Relevant Legislation (Internal Link)

The Permit System Rules, 1949

Summary/Remarks

It was held that Article 7 of the Indian Constitution overrides Article 5. Therefore, in case a person is the wife of an Indian citizen, and she migrates to Pakistan, her citizenship to India is lost. It was also held that under Rule 10 Permit System Rules, 1949 framed under the Influx from Pakistan Act, a permanent permit to resettle in India can only be granted by the High Commissioner or Deputy High Commissioner after securing the agreement of the State or Province where the applicant intends to resettle. A permit granted in contravention to this is invalid.

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