GITA MITTAL, J.

1. The present writ petition has been filed by the petitioners challenging the legislative competence and constitutional validity of sub-section (2) of Section 9 of the Citizenship Act, 1955 read with Rule 40 as well as paragraphs 3 and 6 of Schedule III of the Citizenship Rules, 2009. The writ petitioners also challenge the constitutional validity of sub-section (5) of Section 10 of the Passports Act, 1967. The writ petitioner makes the following prayers :

“(i). Call for the records of the case from respondent Nos. 1 to 4, including, in particular, the original passport No. R 461568 issued on 4.8.1994 by Respondent No.3 and valid upto 3.8.2004;

(ii). Hold and declare that:

(a) The power to legislate for and enable the State to exile or banish a citizen of India is beyond the legislative competence of Parliament under Articles 10, 11, 245 and 246(1) read with the Seventh Schedule, List I, Entries 17 and 19 and hence also beyond the competence of the executive power conferred on the Union by Article 73 of the Constitution of India;

(b) That sub-section (5) of Section 10 of the Passports Act, 1967 and sub-section (2) of Section 9 of the Citizenship Act, 1955 read