# Giri Kristain Csiszar v. Union of India & Ors

- **Citation:** (2022) 9 ILRA 1248
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-04-11
- **Case number:** Writ-C No. 28103 of 2021
- **Bench:** Vivek Kumar Birla, Vikas Budhwar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/giri-kristain-csiszar-v-union-of-india-ors-49044
- **Pages:** 15

## Headnote

Civil Law - The Constitution of India,
1950- Article 9- The Citizenship Act, 1955-
Section 6(1)- Citizenship Rules, 2009-
Citizenship of India by naturalisation as
per
the
provisions
en-grafted
under
Section 6(1) of the Citizenship Act, 1955
(hereinafter referred to as the Act of
1955)- Application under Section 6(1) of
the 1995 Act read with Rule 10(1) (a)
being Form (VIII) of the Citizenship Rules,
2009 (hereinafter referred to as 2009,
Rules)- Needless to point out that neither
Article 9 of the Constitution of India nor
the
provisions
contained
under
the
Citizenship Act, 1955 or the Citizenship
Rules,
2009
contemplate
a
situation
whereby whereinunder any person may
not be citizen of any of the nation either
the citizen of a foreign country or a citizen
of a country where he seeks to be a
citizen. Bearing in mind said amendment
has been sought to be made in the Third
schedule appended to Section 6(1) of the
Citizenship
Act,
1955
pertaining
to
qualification for naturalisation whereby
w.e.f. 3.12.2004 by virtue of Act no.6 of
2004,
the
pre-requisite
condition
to
renounce the citizenship of a foreign
country has been dispensed with and its
place
undertaking
to
renounce
the
citizenship has been engrafted.

As per the amendment of the Third schedule
appended to Section 6(1) of the Citizenship Act,
1955 the pre-requisite condition for renouncing
the citizenship of a foreign country has been
dispensed with hence only filing of an
application
for
grant
of
citizenship
by
naturalisation with undertaking to renounce the
citizenship of the foreign country, in the event
of application for Indian citizenship being
accepted, would suffice. (Para 24)

Writ Petition disposed of with directions.
(E-3)
Case law/Judgements relied upon:-

Rakesh Singh Vs Sonia Gandhi 2011 (85) ALR
384

## Text

_Characters 0–39,747 of 49,981. This is a partial read: ask again with offset=39747 for what follows._

1248 INDIAN LAW REPORTS ALLAHABAD SERIES
being the result of illegal action of the District
Magistrate/the District Election Officer,
Kaushambi is liable to be set aside.

The contention of the learned
counsels for the respondents that the said
notice had been issued under the directions
of the Election Commission of India by the
letter dated 17th May, 2022 is found
misconceived and hence liable to be
rejected.

37. It is, however, kept open for the
Election Commission of India to make an
enquiry so as to satisfy itself as to whether the
allegations in the two complaints make out a
case for institution of the proceedings for
imposing penalty for filing false affidavit
under Section 125A of the R. P. Act, 1951.
The said enquiry, in the instant case, has to be
conducted by an officer not below the rank of
the Deputy Election Commissioner.

38. As from the undated complaint filed
by one Dileep Patel, it is not possible to
ascertain the identity of the complainant and
the allegation in the writ petition is that three
persons named as Dileep Patel, the electors of
the constituency, had given affidavits to the
District Election Officer, Kaushambi that
they did not file any complaint against the
petitioner, an enquiry into the genuineness of
both the complaints allegedly filed by one
Dileep Patel and another Omkar Nath
Gautam is to be conducted so as to first
ascertain the genuineness/veracity of the
complaints, before initiating any further
action upon the complaints. It goes without
saying that once the identity of the
complainants is determined, the complainants
be asked to file their own affidavits in support
of their complaints and only after completing
the procedure as prescribed in Clause '5' of
the circular dated 24th August, 2021, the
matter be proceeded with by the Deputy
Election Commissioner.

39. In the said enquiry into the
genuineness of the complaints, it would be
open for the Deputy Election Commissioner
to ask for the assistance of the Chief Electoral
Officer, who in turn, in his administrative
capacity, may ask the District Election
Officer to make enquiry into the identity of
the complainants and submit his report. In
that case, the Chief Electoral Officer shall
forward his report to the Deputy Election
Commission, without making any further
efforts to enquire on the merits of the
complaints.

40. In case, the Deputy Election
Commissioner reaches at the conclusion that
there is substance in the complaints, he may
call for the relevant records to record his
prima facie satisfaction on the merits of the
complaints, to propose penal action against
the petitioner and in that eventuality, the
petitioner be given an opportunity to show
cause through a notice and action for lodging
of the complaint under Section 125A of the
R.P. Act, 1951 can only be taken after
consideration of the explanation of the
petitioner. A reasoned and speaking order in
accordance with law shall be passed for
bringing the matter to its logical conclusion.

With the above observations and
directions, the writ petition is disposed of.
----------
(2022) 9 ILRA 1248
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 11.04.2022

BEFORE

THE HON'BLE VIVEK KUMAR BIRLA, J.
THE HON'BLE VIKAS BUDHWAR, J.

Writ-C No. 28103 of 2021

Giri Kristain Csiszar ...Petitioner
Versus
Union of India & Ors. ...Respondents
9 All. Giri Kristain Csiszar Vs. Union of India & Ors.
1249
Counsel for the Petitioner:
Sri Vineet Kumar Singh, Sri Rahul Kumar
Sharma

Counsel for the Respondents:
A.S.G.I., Sri Arvind Nath Agrawal, C.S.C.

Civil Law - The Constitution of India,
1950- Article 9- The Citizenship Act, 1955-
Section 6(1)- Citizenship Rules, 2009-
Citizenship of India by naturalisation as
per
the
provisions
en-grafted
under
Section 6(1) of the Citizenship Act, 1955
(hereinafter referred to as the Act of
1955)- Application under Section 6(1) of
the 1995 Act read with Rule 10(1) (a)
being Form (VIII) of the Citizenship Rules,
2009 (hereinafter referred to as 2009,
Rules)- Needless to point out that neither
Article 9 of the Constitution of India nor
the
provisions
contained
under
the
Citizenship Act, 1955 or the Citizenship
Rules,
2009
contemplate
a
situation
whereby whereinunder any person may
not be citizen of any of the nation either
the citizen of a foreign country or a citizen
of a country where he seeks to be a
citizen. Bearing in mind said amendment
has been sought to be made in the Third
schedule appended to Section 6(1) of the
Citizenship
Act,
1955
pertaining
to
qualification for naturalisation whereby
w.e.f. 3.12.2004 by virtue of Act no.6 of
2004,
the
pre-requisite
condition
to
renounce the citizenship of a foreign
country has been dispensed with and its
place
undertaking
to
renounce
the
citizenship has been engrafted.

As per the amendment of the Third schedule
appended to Section 6(1) of the Citizenship Act,
1955 the pre-requisite condition for renouncing
the citizenship of a foreign country has been
dispensed with hence only filing of an
application
for
grant
of
citizenship
by
naturalisation with undertaking to renounce the
citizenship of the foreign country, in the event
of application for Indian citizenship being
accepted, would suffice. (Para 24)

Writ Petition disposed of with directions.
(E-3)
Case law/Judgements relied upon:-

Rakesh Singh Vs Sonia Gandhi 2011 (85) ALR
384

(Delivered by Hon'ble Vikas Budhwar, J.)

1. Learned Standing Counsel has filed
counter affidavit on behalf of respondents 3
to 5 which is taken on record.

2. This is a petition at the instance of a
Finnish national seeking citizenship of India
by naturalisation as per the provisions engrafted under Section 6(1) of the Citizenship
Act, 1955 (hereinafter referred to as the Act
of 1955).

3. As per the pleadings worded in the
petition, the petitioner claims himself to be a
citizen of Republic of Finland, who was born
on 29.12.1981. According to the petitioner in
the year 1983, he visited India at the age of 2
years along with his parents and stayed in
India
for
approximately
two
months.
Subsequently, from 1985 to 1990, the
petitioner went to Australia in order to pursue
his studies and thereafter in the year 1990
again he came back to India and lived in the
birth place of Lord Sri Krishna i.e. Vrindavan
for approximately six months. In the
meantime, from 1990 to 1996, the petitioner
pursued his education upto High School level
and thereafter from 1997 to 2000, he pursued
his studies in Computer Mechanic from
Finland. As per the pleading the petitioner
had spiritual bent of mind and he got attracted
towards the preaching and the aura of Lord
Krishna so he came to India and in the month
of August, 2001 and he joined one of the
Ashram in Vrindavan in the State of Uttar
Pradesh and become the disciple of Narayan
Goswami Maharaj Ji.

4. Petitioner has come up with a case
that he is living in India since 2001 and he
1250 INDIAN LAW REPORTS ALLAHABAD SERIES
has renounced the materialistic possession
of the wordily life and had inculcated the
India cultural and spiritual preaching and
he in his inner heart is attracted towards to
the life so led by Lord Krishna and he has
made up his mind to live his rest of the life
in Vrindavan Mathura i.e. in India.

5. In the aforesaid backdrop, the
petitioner preferred an application under
Section 6(1) of the 1995 Act read with Rule
10(1) (a) being Form (VIII) of the Citizenship
Rules, 2009 (hereinafter referred to as 2009,
Rules)
after
completing
the
requisite
formalities as provided therein before the
competent
authority
seeking
grant
of
citizenship by naturalisation on 8.4.2015.

6. As per the provisions contained
under the 1955 Act and the Rules, 2009
framed therein under a notice was published
in widely circulated newspapers seeking
response/objection from an objector as to
why the application so preferred by the
petitioner for grant of citizenship by
naturalisation be not acceded with. A report
was also called upon by Additional District
Magistrate (Administration) Mathura from
Superintendent of Police, Mathura to which a
report was submitted by the latter before the
former on 6.5.2013 recommending the case
of the petitioner for grant of citizenship by a
naturalisation.

7. On 6.7.2016 the respondent no.3
recommended the case of the petitioner for
grant of citizenship by naturalisation by
virtue
of
letter
no.737/Chh.Vi-3-201630M/15
dated
06/07/2016
before
the
respondent no.1. Eventually, respondent no.1
on 15.12.2016 sent a letter to the respondent
no.3 providing as under:-

"To

The Secretary

Government of Uttar Pradesh

Home (Visa-2) Department

Lucknow-226001

Subject:-Grant
of
Indian
Citizenship by Naturalization under section
6(1) of the Citizenship Act, 1955-Case of
Giri Kristian Csiszar S/O Istvan Csiszar,
a/an Finland national.

Sir,

I am directed to refer to the State
Government's
letter
No.737/Chh.Vi-32016-30M/15 dated 06/07/2016 on the
subject cited above.

2. The Government of India have
decided to register the above mentioned
applicant as a citizen of India under
Section 6(1) of the Citizenship Act, 1955,
keeping
in
view
the
verification
of
eligibility
and
suitability
and
recommendation
made
by
the
State
Government vide their letter referred to
above. The applicant would be formally
registered as a citizen of fulfillment of the
following requirements:-

i. The applicant may be asked to
renounce his present nationality by making
an application to the concerned Mission of
is country in India in accordance with the
law of that country.

ii. Deposit the fee prescribed for
such registration viz. Rs.13750- Per
application creditable to the Ministry of
Home-Affairs receipt head No '0070-Other
Administrative Services-Other Servicesreceipt under Citizenship Act' in the State
Bank of India through treasury Challan
which will be adjustable by the Pay &
Accounts Officer/Ministry of Home Affairs.

3. The documentary evidence
regarding renunciation of present foreign
nationality, payment of fee (both in
original), three copies of recent passport
size colored photographs (duly attested on
the reverse by a Magistrate (Gazetted
Officer),
typed
personal
particulars
9 All. Giri Kristain Csiszar Vs. Union of India & Ors.
1251
indicated in Form-xii of Schedule-1 to the
Citizenship Rules 2009 and three specimen
signatures (or thumb impression) on a
plain paper, may be obtained from the
applicant and forwarded to this Ministry
for further action.

 Yours faithfully

(S.C. Solanki)

Under Secretary to the Govt. of
India."

8. It has come on record that the
petitioner deposited the prescribed fee for
registration i.e. Rs.13750/-. The petitioner
had also approached the Embassy of
Finland at New Delhi for the purposes of
renouncing
his
Finnish
nationality.
However, on 29.12.2016 the Second
Secretary, Administration and Consular
Affairs issued a certificate which reads as
under:-

"FINNISH
CITIZENSHIP:
RELEASE

TO WHOM IT MAY CONCERN

This is to certify that Mr. Giri
Kristian CsiSZAR (born 29th of December
1981 in Kangasala, Finland) has informed
the Finnish Embassy in New Delhi that he
is applying to become citizen of India.

As India does not approve dual
citizenship Mr. Csiszar has decided to
release from Finnish citizenship.

He has presented the necessary
documents (application release the Finnish
citizenship) at the Embassy of Finland in
New Delhi on Thursday 29th of December,
1981.

The documents will be sent to the
competent authority in Finland. The
Finnish
Immigration
Service
(www.migri.fi). As Mr. Csiszar has not yet
received the Indian citizenship Mr. Csiszar
will
be
first
released
from
Finnish
citizenship upon condition. The release will
take effect once he will provide proof
within a specified time of having become
the citizen of another state.

Should you have any further
questions do not hesitate to contact us.

Yours sincerely,
 Tina-Rinne-Aguilar

Second Secretary

Administration
and
Consular
Affairs"

9. On 14.6.2018 on the application so
preferred by the petitioner for renouncing
nationality of Finland, Inspector General,
Finnish
Immigration
Center
accorded
following decision:-

"Finnish Immigration Service
has decided to release the applicant from
Finnish citizenship as of the date when he
receives Indian citizenship. This decision
will enter into force only if the applicant,
within two years from the entry into force
of
this
decision,
presents
Finnish
Immigration Service with proof of receipt
of
Indian
citizenship,
Finnish
Immigration
Service
will
Issue
a
certificate
of
compliance
with
the
condition."

10. In the meantime, in pursuance of
the Rule 15(1) and 16(1) of the Citizenship
Rules, 2009, the Government of India,
Ministry of Home-affairs issued certificate
of nationalisation.

11. It has further come on record that
on 6.11.2019, the respondent no.1 issued a
letter to the respondent no.3 returning the
papers so transmitted by respondent 3 to
respondent no.1 off line while asking the
respondent no.3 to again remit papers by on
line mode. However, on 29.1.2021 a
decision has been taken by the respondent
no.1 marking it to respondent no.3
providing as under:-
1252 INDIAN LAW REPORTS ALLAHABAD SERIES

"The Secretary (Home)

Government of Uttar Pradesh

Subject:-Grant
of
Indian
Citizenship by registration/naturalisation
under Section 6(1) of the Citizenship Act,
1955 case of Sh. Giri Kristian Csiszar a
Finland national.

Madam/Sir,

In reference to the MHA File
No.2015080133 Dated 08/04/2015 and this
Ministry's
Acceptance
letter
dated
15/12/2016 on the above subject, on the
scrutiny it has been found that the
following documents have not been made
available:-

(i) The applicant has submitted a
letter from the Finnish Immigration Service
dated 14/06/2018 along with its English
version instead of renunciation certificate.
As per English version of the letter, Finnish
Immigration Service has decided to release
the applicant from Finnish citizenship as of
the
date
when
he
receives
Indian
Citizenship. This decision will enter into
force only if the applicant, within two years
from the entry into force of this decision,
presents Finnish Immigration Service with
proof of receipt of Indian citizenship.
Finnish Immigration service will issue a
certificate
of
compliance
with
the
condition.

(ii) As per English version of the
Finnish
Immigration
Services
letter
referred above, the applicant will remain
citizen of Finland till the Indian citizenship
is granted whereas the applicant was asked
to renounce his present nationality vide this
Ministrys
Acceptance
letter
No.26018/133/2015-IC.II
dated
15.12.2016. He has also given his country
in the event of his application being
sanctioned. Moreover, the Constitution of
India does not allow dual citizenship.
Hence
renunciation
certificate
is
mandatory to furnish. If the applicant fails
to submit renunciation certificate, whereby
his foreign nationality has clearly been
ceased within six months from the date of
issue
of
this
letter,
his
citizenship
application will be liable to be rejected.

The
State
Government
is
requested
to
get
the
above
information/documents uploaded online.

This Ministry's file number given
above may be cited invariably in all future
correspondence.

Yours faithfully

 Ashutosh Anand

Under Secretary/Assistant Secretary"

12. On 10.3.2021 the respondent no.1
has again sent letter to the respondent no.3
further providing is as under:-

"To,

The Secretary

Government of Uttar Pradesh

Home (Visa-2) Department

Lucknow-226001

Subject:-
Grant
of
Indian
Citizenship by Naturalization under section
6(1) of the Citizenship Act, 1955-case of
MAKSYMLARCHENKO s/o VLADIMIR
LARCHENKO, an Ukraine national.

Sir,

I am directed to refer to the State
Government's letter No.114/6-Visa-3202010M/18 dated 09/07/2020 on the subject
cited above.

2. The Government of India has
decided to register the above mentioned
applicants as a citizen of India under
Section of the Citizenship Act, 1955
keeping in view of the verification of
eligibility
and
suitability
and
recommendation
made
by
the
State
Government vide letter referred to above.
The applicant would be formally registered
as a citizen of India subject to fulfillment of
the following requirements:-
9 All. Giri Kristain Csiszar Vs. Union of India & Ors.
1253

(i) The applicant may be asked to
renounce his present nationality by making
an application to the concerned Mission of
his country in India in accordance with the
law of the country.

(ii) If Renunciation Certificate
has not been issued by the Embassy in case
of expired passport the applicant may file
an Affidavit before the authority prescribed
under Rule 38 of the Citizenship Rules
2009 that may be considered in lieu of
Renunciation Certificate. The applicant (s)
have to deposit their expired Passport to
Collector/district
Magistrate/Deputy
Commissioner Office with other documents
in
terms
of
the
Ministry's
letter
No.26030/266/2014-IC.II
dated
17.11.2014.

(iii) Deposit the fee prescribed
for such registration viz. Rs.100/- Per
application creditable to the Ministry of
Home-Affairs receipt head no.0070-Other
Administrative Services-Other Servicesreceipt under Citizenship Act in the State
Bank of India through treasury Challan
which will be adjustable by the Pay &
Accounts Officer, Ministry of Home-Affairs
or deposit the fee through e-payment
options available on the citizenship website
"http://indiancitizenshiponline.nic.in.

3. The documentary evidences
regarding renunciation of present foreign
nationality may be obtained in original and
uploaded against the online file of the
applicant in online citizenship module. The
applicant has to upload documents in
support of payment of fee, and also upload
photographs & signature and fill Form XII
on
MHA
website
http://indiancitizenshiponline.nic.in against
his application file number. Originals of
these documents have to be obtained from
the applicant and filed in the office of the
District Collector/Magistrate concerned for
future reference."

13. A counter affidavit has been filed
by respondent no. 1 and 2 sworn on
22.1.2022 wherein in paras 3 and 5 the
following averments have been made:-

3. That his above application was
received in the Ministry through the State
Government
of
Uttar
Pradesh.
The
Ministry examined his aforementioned
application
and
issued
in-principal
Acceptance Letter dated 15.12.2016 and
asked the applicant renouncing his present
nationality, Fee Challan of Rs.13,750/-,
From-XII of Schedule I to the Citizenship
Rules, 2009, three copies of recent passport
size colored photographs (duly attested on
the reverse by a Magistrate/Gazetted
Officer) and three specimen signatures (or
thumb impression) on a plain paper.

5. That it is to state dual
citizenship is not allowed in terms of
Article 9 of the Constitution of India read
with Section 9 of the Citizenship Act, 1955.
In terms of Rule 10 of the Citizenship
Rules, 2009 applicant gives an undertaking
in writing that he shall renounce the
citizenship of his country in the event of his
application
being
sanctioned.
The
applicant has also declared vide para 21 of
his citizenship application that he shall
renounce the citizenship of his country in
the
event
of
his
application
being
sanctioned. Therefore, the applicant has to
submit renunciation certificate whereby his
foreign nationality has clearly ceased.

14. On 29.11.2021 this Court while
entertaining the present writ petition
proceeded to pass the following orders:-

"The petitioner is a citizen of
Finland and is residing at Mathura since
long. He has moved an application for
grant of Indian citizenship in which he has
made a solemn declaration of his intention
1254 INDIAN LAW REPORTS ALLAHABAD SERIES
to make India a permanent home and has
also undertaken to renounce the citizenship
of his previous country, in the event, such
application is sanctioned. The application
has remained pending for several years.
The respondents, however, have called
upon the petitioner to renounce his
citizenship of earlier nationality and unless
such renunciation certificate is furnished,
his application shall be rejected.

Learned counsel for the petitioner
points out the application Form, dated
9.4.2015, in which the declaration required by
virtue of clause 8, only requires the intend to
renounce the citizenship of previous country
when Indian citizenship is sanctioned. It is
submitted that the format contained under the
Citizenship Act, 1955 itself takes care of
renunciation of citizenship of the previous
country, if the citizenship is offered in India
and, therefore, the insistence on part of
authorities to renounce the citizenship of
earlier country as a precondition for
consideration of his application for grant of
citizenship, is wholly arbitrary. It is also urged
that if the respondents' instructions were
followed, the petitioner would seize to be a
national of any country and that is not the
intend of law.

Prima facie, we find substance in
the contention advanced by the petitioner. In
view of the clear recital of the petitioner's
intend to renounce the citizenship of Finland,
if his application for grant of Indian
citizenship is accepted, there appears to be no
further requirement of offering renunciation of
citizenship at this stage.

Sri Arvind Nath Agarwal, counsel
appearing for Union of India and the
concerned authorities shall obtain instructions
from the respondents, who shall be at liberty
to revisit the matter in the light of the above
observations and the provisions of law.

Post as fresh once against on 20th
December, 2021. "

15. Heard Sri Vineet Kumar Singh,
learned counsel for the petitioner, Arvind
Nath Agrawal, learned counsel for the
respondents no. 1 and 2 and learned
Standing Counsel for the respondents no. 3
to 5.

16. The core question, which needs to
be adjudicated in the present proceedings,
is with regard to the fact as to whether for
the purposes of processing and grant of
citizenship by naturalisation, the applicant
(foreign national) in order to be a citizen of
India has to renounce the citizenship of the
country which he possessed at the time of
filing of the application for grant of
citizenship by naturalisation or not and
whether an undertaking to renounce the
citizenship of the foreign country in the
event
of
his
application
for
Indian
citizenship being submitted processed.

17. In order to delve into the said
issue, the relevant statutory provisions are
at least need to be noticed.

18. The Parliament in exercise of his
powers so conferred therein enacted an Act
by the name in the nomenclature of the Act
of 1955 which received the assent of the
President on 30.12.1955 in order to provide
for classification and determination of
Indian citizenship.

19. Section 3 of the Act of 1955
provides for citizenship by birth, Section 4
citizenship
by
descent,
Section
5
citizenship by registration followed by
citizenship by naturalisation Section 6-A
special provisions as to citizenship of
persons covered by the Assam Accord, 6-B
special provisions as to citizenship of
person covered by proviso to clause (b) of
sub-section (1) of Section 2 and Section 7
citizenship by incorporation of territory etc.
9 All. Giri Kristain Csiszar Vs. Union of India & Ors.
1255

20. So far as the present controversy
is concerned, the same revolves around
citizenship by naturalisation contained
under Section 6 of the 1995 Act which
reads as under:-

"6.
Citizenship
by
naturalisation.―(1) Where an application
is made in the prescribed manner by any
person of full age and capacity 3 [not being
an illegal migrant] for the grant of a
certificate of naturalisation to him, the
Central Government may, if satisfied that
the applicant is qualified for naturalisation
under the provisions of the Third Schedule,
grant to him a certificate of naturalisation:

Provided that, if in the opinion of
the Central Government, the applicant is a
person who has rendered distinguished
service to the cause of science, philosophy,
art, literature, world peace or human
progress generally, it may waive all or any
of the conditions specified in the Third
Schedule.

(2) The person to whom a
certificate of naturalisation is granted
under sub-section (1) shall, on taking the
oath of allegiance in the form specified in
the Second Schedule, be a citizen of India
by naturalisation as from the date on which
that certificate is granted."

21. The Third Schedule under Section
6(1) of the 1995 Act provides for the
qualifications for naturalisation which
reads as under:-

THE THIRD SCHEDULE
[See section 6(1)]
QUALIFICATIONS FOR
NATURALISATION

The
qualifications
for
naturalisation of a person 1 are―

(a) that he is not a subject or
citizen of any country where citizens of
India are prevented by law or practice of
that country from becoming subjects or
citizens of that country by naturalisation;

(b) that, if he is a citizen of any
country, [he undertakes to recounce the
citizenship of that country in the event of
his application for Indian citizenship being
accepted];

(c) that he has either resided in
India or been in the service of a
Government in India or partly the one and
partly the other, throughout the period of
twelve months immediately preceding the
date of the application;

[Provided that if the Central
Government
is
satisfied
that
special
circumstances exist, it may, after recording
the circumstances in writing, relax the
period of twelve months up to a maximum
of thirty days which may be in different
breaks.]

(d) that during the 4 [fourteen
years] immediately preceding the said
period of twelve months, he has either
resided in India or been in the service of a
Government in India, or partly the one and
partly the other, for periods amounting in
the aggregate to not less than 5 [eleven
years];

[Provided that for the person
belonging to Hindu, Sikh, Buddhist, Jain,
Parsi
or
Christian
community
in
Afghanistan, Bangladesh or Pakistan, the
aggregate period of residence or service of
Government in India as required under this
clause shall be read as "not less than five
years" in place of "not less than eleven
years".]

(e) that he is of good character;

(f) that he has an adequate
knowledge of a language specified in the
Eighth Schedule to the Constitution; and

(g) that in the event of a
certificate of naturalisation being granted
to him, he intends to reside in India, or to
1256 INDIAN LAW REPORTS ALLAHABAD SERIES
enter into, or continue in, service under a
Government
in
India
or
under
an
international organisation of which India is
a member or under a society, company or
body of persons established in India:

Provided
that
the
Central
Government
may,
if
in
the
special
circumstances of any particular case it
thinks fit,―

(i) allow a continuous period of
twelve months ending not more than six
months before the date of the application to
be reckoned, for the purposes of clause (c)
above, as if it had immediately preceded
that date;

(ii) allow periods of residence or
service earlier than 7 [fifteen years] before
the date of the application to be reckoned
in computing the aggregate mentioned in
clause (d) above.

22. In exercise of the powers
conferred by Section 18 of the 1995 Act,
the Central Government framed Rules
being the Citizenship Rules, 2009 which
came into the effect from 25.2.2009.
Relevant extract of Rules 10, 15 and 16 of
the Rules, 2009 is being quoted hereinunder:-

"10. Application for grant of
citizenship by naturalisation under sub-
section (1) of section 6.- An application
from a person for naturalisation as a citizen
of India under sub-section (1) of section 6
shall not be entertained unless - (a) the
application is made in Form VIII; (b) he
gives an undertaking in writing that he shall
renounce the citizenship of his country in
the
event
of
his
application
being
sanctioned; and (c) the application is
accompanied with - (i) a duly stamped
affidavit verifying the correctness of the
statements
made
in
the
application
alongwith two affidavits from Indian
citizens testifying the character of the
applicant; and (ii) a certificate depicting
that the applicant has adequate knowledge
of one of the languages specified in the
Eighth Schedule to the Constitution of
India. Explanation 1.- The applicant shall
be considered to have adequate knowledge
of the concerned language if he can speak
or read or write that language. Explanation
2.- The certificate may either be issued by a
recognised educational institution or a
recognised public organization or from two
persons of the locality or district of the
applicant who are citizens of India.

15.
Grant
of
certificate
of
naturalization.- (1) Every person who by
naturalisation is made a citizen of India
under sub-section (1) of section 6 shall be
issued a certificate of naturalisation in
Form XII signed by an officer not below
the rank of Under Secretary to the
Government of India. (2) A copy of the
certificate of naturalisation issued under
this rule, shall be preserved for the
purposes of record by the issuing authority.

16.
Oath
of
allegiance
for
naturalization.- (1) The oath of allegiance,
under sub-section (2) of section 6 by a
person
to
whom
the
certificate
of
naturalisation
is
granted,
shall
be
subscribed in Form XII and the oath of
allegiance so subscribed shall be endorsed
on the certificate of naturalisation to which
it relates. (2) The oath of allegiance under
sub-rule (1) shall be subscribed within a
period of three months from the date of
grant of certificate of naturalisation to
which it relates, or within such extended
period as the authority granting the
certificate may permit, and in case the oath
is not taken within the said period, the
certificate shall be of no effect: Provided
that no permission shall be given under this
sub-rule unless a statement to that effect is
endorsed on the certificate and signed by
9 All. Giri Kristain Csiszar Vs. Union of India & Ors.
1257
the officer authorised under rule 15 to sign
the certificate of naturalisation. (3) The
oath of allegiance required under sub-rule
(1) shall be registered by such person and
in such place as the authority granting the
certificate may direct. (4) When the oath of
allegiance is registered in accordance with
any direction given under sub-rule (3), the
authority, which registers it shall cause a
copy of the oath and the certificate of
naturalisation to which it relates to be sent
to the Secretary to the Government of India
in the Ministry of Home Affairs."
FORM VIII
[See rule 10 (1) (a)]
The Citizenship Rules, 2009

APPLICATION
FOR
NATURALIZATION AS A CITIZEN OF
INDIA UNDER SECTION 6(1) OF THE
CITIZENSHIP ACT, 1955

Note:
Please
write/print
in
BLOCK LETTERS

PART I 1. Full name of the
applicant:.................................................
....If commonly known by another name,
enter such name here:................

2.
Present
address
.................................................................
..

3. (a) Sex:.......................

(b)
Occupation:........................................

(c) If in service, address of
employer:.............................................

(d)
Mark
of
identification:...........................................
....

3A. Do you belong to one of the
minority communities from Afghanistan,
Bangladesh
and
Pakistan,
namely
Hindus, Sikhs, Budhists, Jains, Parsis
and Christians? Yes/No If, yes, Please
specify
.................................................................

4.
Place
and
date
of
birth:........................................................
.....

5.
Nationality
by
birth:.............................................................
.....

6.
Present
nationality,
if
different:.....................................................

7.
(a)
Marital
Status:...........................................................
(b) If married, give date and place of
marriage and nationality of the spouse
......................................................................
(c)
Husband's
or
wife's
name:.....................................................

8.
Father's
full
name
is................................................................
resident of....................................................
and he was born at (with Tehsil, District,
State
and
Country).......................on............................
..........................and
is
a
citizen
of................................................

9.
Mother's
full
name
is.................................................... resident
of..............................................and he was
born at (with Tehsil, District, State and
Country).......................on .....................and
is a citizen of.............................................
PHOTOGRAPH

10. Whether the applicant is a
subject or citizen of any country where an
Indian citizen is prevented by law or
practice of that country from becoming a
subject or citizen of that country by
naturalization. :.......................................

11. Principal languages of India
known and extent of knowledge thereof
with evidence :........................................

12. Details of residence in India:

(a) Date of entry in India
.............................................. .....................

(b)
I
have
resided
inIndia
continuosly for a period of twelve months
1258 INDIAN LAW REPORTS ALLAHABAD SERIES
immediately
preceding
the
date
of
application. Yes/No

(c) During the fourteen years
immediately preceding the said period of
twelve months, I have resided in India for a
period amounting in the aggregate to not
less than eleven years
S.No. Details
with
address of
residence
in India for
the
last
fourteen
years
From To Years
Months
1
2
3
4
5

13. Reasons for which applicant
wishes to acquire Indian citizenship: ........
........................................

14. Passport particulars: (a)
Country:........................
(b)
Number:..................................

15.
Visa
valid
up
to:.................................................................
.

16. Details of family members
who are staying in India with the applicant:
Sl.
No.
Name Present
Address
Relationship Age
1
2
3
4
5

17.
Details
of
criminal
proceedings, if any:
Sl.
N
o.
Nature
of
the
criminal
proceedi
ngs
Date
and
place of
register
ing the
case
Prese
nt
statu
s
of
the
case
Judgem
ent
of
the
court
1
2
3
4
5

18. Names and addresses of at
least two persons whose affidavits testifying
to the character of the applicant and the
correctness of the statements made in this
application
are
attached
herewith:
....................................
PART II

19. I have/have not previously
renounced or been deprived of the
citizenship of India. (If the applicant has
renounced his Indian citizenship, here state
the date on which the declaration of
renunciation was made; or if he has been
deprived of his citizenship, state the date on
which and the authority by whom, the order
of deprivation was made.)

20. I have/have not previously
applied for naturalization as a citizen of
India and the application has/has not been
rejected.

21. I declare that my intention is
to make India as permanent home and I
undertake that I shall renounce the
citizenship of my country in the event of my
application being sanctioned.

22.
I,............................................do
solemnly
and sincerely declare that the foregoing
particulars, stated in this application are
true, and I make this solemn declaration
conscientiously believing the same to be
true.

Date: ................

Signature:............................
Affidavit to accompany the application for
a certificate of naturalization under the
Citizenship Act, 1955.*

In the matter of the application
for a certificate of naturalization under the
Citizenship
Act,
1955,
I......................................son
of
........................
residing
at
.................................................make
oath
and do solemnly and sincerely affirm that
the statements contained in my application
here unto annexed are true to the best of
my knowledge and belief. If, at any time
before a certificate is issued to me, the
accuracy
of
any
of
the
foregoing
9 All. Giri Kristain Csiszar Vs. Union of India & Ors.
1259
particulars is affected by an alteration in
circumstances, I undertake to inform the
Secretary to the Government of India in the
Ministry of Home Affairs in writing
forthwith.

Station....................

Signature.........................

Date ..................... *

Affidavits to be attested by
Notary/Oath Commissioner/Magistrate.
Affidavits testifying the character of the
applicant and the correctness of the
statements made in the application.
(vide item 18)

In the matter of an application for
a certificate of naturalisation under the
Citizenship
Act,
1955,
made
by
........................
I....................
aged..................years,
by
occupation...........................son
of
..................................residing
at
........................................make oath and do
solemnly and sincerely affirm that I am an
Indian
citizen
otherwise
than
by
naturalization; that I am a householder;
that I am not a solicitor or agent of
............................that
I
have
personal
knowledge of, and intimate acquaintance
with,
the
said
.....................for...................years; that the
statements contained in his application for
naturalization are true to the best of my
knowledge and belief.

I
support
......................................'s application for
naturalization and I can vouch for his good
character and loyalty.

Date .............................

Signature....................................

Name ........................................

Full
postal
address
......................................................................
. Copies of two issues (in triplicate) of a
newspaper or newspapers circulating in the
district in which the applicant resides each
containing
(clearly
marked)
an
advertisement in the following form should
accompany the application.

"Notice
is
hereby
given
that....................son/daughter/wife
of...........................is
applying
to
the
Secretary to the Government of India in the
Ministry of Home Affairs for naturalization
and that any person who knows any reason
why naturalization should not be granted
should send a written signed statement of
the facts to the said Secretary."

(This
form
complete
in
all
respects shall be e submitted in triplicate to
the
Collector/Deputy
Commissioner/District Magistrate within
whose
jurisdiction
the
applicant
is
ordinarily resident for transmission to the
Central Government through the State
Government
or
the
Union
territory
administration, as the case may be)

DOCUMENTS
TO
BE
ATTACHED WITH THE APPLICATION
BY THE APPLICANT

1. A copy of valid Foreign
Passport.

2. A copy of valid Residential
Permit.

3. [***]

4.
One
affidavit
from
self
(applicant) and two affidavits from two
Indians testifying to the character of the
applicant in the prescribed language
available in the application form.

5. Two language Certificates
certifying the applicant's knowledge in any
one of the Indian languages specified in the
Eighth Schedule of the Constitution. (A
language certificate from a recognized
educational
institutions
or
from
a
recognized organization or from two Indian
citizens of the district of the applicant).

6.