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1995 Supreme(SC) 953

A. M. AHMADI, K. S. PARIPOORNAN, SUHAS C. SEN
Dipali Katia Chadha: Manoranjan Tania Chadha – Appellant
Versus
Union Of India – Respondent


ORDER

1. The father of these two petitioners Shri Vinod Chandra Chadha wrote a letter dated 7-3-1989 to the Secretary, Ministry of Home Affairs, Government of India, New Delhi claiming that both his daughters were entitled to be declared to be citizens of India by virtue of Article 5 of the Constitution and Section 4(1) of the Citizenship Act, 1955. In addition to this claim of Indian citizenship he further stated they were citizens of Britain by virtue of their birth in England and of Finland by virtue of their mothers nationality. The particulars in regard to their dates of birth, passports, foreign travels, etc., were also furnished in the said letter and it was said that "citizenship status flowing as a birthright can neither be treated as having been, nor deemed to have been, voluntarily acquired". Since both the petitioners held British and Finnish passports it was contended that foreign citizenship, where it subsists as a birthright, subsists from the day of birth and cannot operate as a disqualification under Section 9 of the Citizenship Act in respect of their claim to Indian citizenship. The Government of India replied by saying that there was no provision in the Citizens
















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