CITIZENSHIP IN INDIA 253 and harnessed for the benefit of the hungry millions on the two sides of the international boundary. Given goodwill and understanding and the determination, a fair and acceptable solution can and should be found. Roonner. 2 July 1958 LAW OF CITIZENSHIP AND ALIENS IN INDIA By A. N. SINHA ‘Tre pattern of political life, all the world over, is that people are organized in separate nation-states and their dependencies. We give our devotion to our own country. This ‘subjective psychological feel- ing in a living people’, chis supremely effective intangible tie distinguishes the people of a country whose ‘home’ it is from the men and women from all corners of the world who happen to be in the territory of a state. In the contemporary international order, though the amazing material development of our age has made neighbourhood a fact on 2 global scale, there has been no swing in the opinion that the inhabitants of a state are composed of citizens (or nationals) and aliens. As long as we have records of man this distinetion has existed in some form or other. The position of a person in life depends on his status and capacity, both civil and political. ‘There are many varieties of relationships of status, eig., of marriage or of legitimacy and also of capacity, that is, capacity to contract o to domicile of choice. Apart from civil status there exist relationships of political status such 2s nationality, political refugee or an alien enemy. A person stands usually not in one but 2 number of relationships of status which in their entirety define his posi- tion in life in a country, be it his home country or the country of his residence or sojourn. His status is also the basis for this capacity, res- tricted capacity or incapacity. ‘A study of the law of citizenship and aliens of a country gives the contour—if not the content—of an individual's rights, privileges, liabili- ties and disabilities within and beyond the territory of a state. In India the law on the topic has to be gathered from her Constitution and various statute laws directly or incidentally dealing with aliens and citizenship? Under the Constitution, the Parliament of India has the More important among these sre: (3) Ow citizenship. Constitution of India Pare Wh, Arts f to 145 the Citizeaship Act, 1915 and che Ruler franued under the Act viz., the Citzenthip Ruler 1916 2d the Cicizers (Registra: tion at Indian Consulater) Rules, 195¢,254 A. N. SINHA exclusive and enumerated powers to legislate on citizenship, naturali- zation, aliens and other allied matters.” Citizenship ‘What constitutes the Indians into a nation, to use the expression of Ernest Renan ‘is not speaking the same tongue or belonging to the same ethnic group, but having accomplished great things in common in the past and the wish to accomplish them in future’, The Indian Indepen- dence Act (10 & 11 Geo 6. Ch. 3) was enacted in 1947. After its enactment the Indian States by their accession to the Dominion of India joined the constitutional structure of India. India thus became a consti- tutional entity. On 26 November 1949 this new constitutional entity declared itself 2 Sovereign Democratic Republic and the People of India enacted, adopted and gave to themselves the Constitution. Whoever, therefore, was one of the people of India when the Constitution was adopted became a member of the new state. Now who were those people? They were persons who associated themselves together to form the nation. Of this there can be no doubt. There may, however, be dispute whether a particular person was one of the people at the time but never as to his citizenship if he were one. Who shall exercise the franchise for the governance of the country is of great importance in a democracy. Moreover the Constitution itself conferred certain funda- mental rights on and made other provisions for citizens only. All these required that tests of citizenship should be provided for and such provi- sions of the Constitution be brought into force before other provisions. This was done by Part II of the Constitution which deals with citizen- ship at the commencement of the Constitution. More than anything else those provisions declare the initial citizenship of the new Indian Union. They are concerned more with proof of citizenship than with creating it. Before the Constitution came into force on 26 January 1950, the provisions regarding the initial citizenship in Articles § to 9 of Part II of the Constitution were brought into operation from 26 November 1949 except in the state of Jammu and Kashmir where they were made applicable from 26 January 1950 with the addition of a new proviso to Article 7. The tests adopted are that a person to be a citizen of the Union of India at its inception must have some kind of territorial (6) On aliens: ‘The Registration of Foreigners Act 1939; the Reristration of Foreigners Rules 1939: the Foreigners (Exemption) Order 1957. (c) The Indian Pesspore Act 1920 and the Tadian Pasport Rules 1950. 2 The Cons of India, Articles 11, 246 and Seventh Schedule List 1, Union List Entries 1, 9, 10, 13, 14, 15, 18, 19 and 21CITIZENSHIP IN INDIA 255 connexion with the Union whether by birth or descent or domicile, and that he has not voluntarily acquired the citizenship of another country. The citizenship of migrants to and from Pakistan presented a peculiar problem to the Union of India. The Constitution made spe- cial provisions for the citizenship of such migrants. ‘The provisions for citizenship in the Constitution were of limited character. They stopped at laying down who were citizens at the com- mencement of the Constitution. No provision was made about citizen- ship after the commencement of the Constitution. But Parliament was given plenary power to make any provision with respect to the acquisi- tion and termination of citizenship and all other matters relating to citizenship, notwithstanding the provisions in the Constitution in Part IL On 30 December 1955, Parliament enacted the Citizenship Act of 1955, to privide for the acquisition and termination of citizenship of India. Acquisition and termination of citizenship during the period between 26 January 1950 and the commencement of the Citizenship ‘Act 1955 were provided for. This is a fairly comprehensive enactment, ‘on the model of the British Nationality Act 1948 but with some im- portant variations. A citizen of India is a person who is so under the Constitution of India or the Citizenship Act 1955. The Constitution of India recog- nizes only one citizenship, the citizenship of India. CITIZENSHIP AT THE COMMENCEMENT OP THE CONSTITUTION Every person irrespective of age, race, religion, place of birth, sex, marital status, or nationality—unless he has voluntarily acquired the citizenship of a foreign state—became automatically a citizen of India at the commencement of the Constitution if he was then domiciled in the territory which became the territory of India under the Constitution and further was connected with that territory by his birth, or by the birth of either of his parents or by being ordinarily resident for not less than five years immediately before that date. Persons of Indian origin living in any country outside what was known as British India, the Indian States and the Tribal Areas (i.e. ‘India’ as defined by the Govern- ment of India Act 1935 as originally enacted) could also become citizens of India by registration on application made, before or after the com- mencement of the Constitution, to appropriate diplomatic or consular representatives of India in the country of his residence. The applicant was required to establish for his Indian origin that either he himself or either of his parents or any of his grandparents was born in British India, Indian States or the Tribal Areas. ‘The emergence of the two new States, viz. the Union of India and Pakistan by the partition of India, called for certain adjustments in the matter of citizenship. People from the territory now in Pakistan256 A. N. SINHA migrated to the territory now in India, or people from India migrated to Pakistan and subsequently returned to India. The first condition for citizenship of India for such a migrant was that he, or either of his parents or any of his grandparents was born in undivided India, If the migrant came to India before 19 July 1948 when the permit system was introduced and had resided in India since then the migrant became automatically a citizen of India. If the migrant arrived in India after 19 July 1948 he was to apply before the commencement of the Consti- tution and get himself registered as a citizen on proof of residence for six months in India immediately before the application. If a migrant went to Pakistan after 1 March 1947 and subsequently returned to India under a permit for resettlement or permanent return or under the authority of any law he was to get himself registered as a citizen as if, he had migrated from Pakistan after 19 July 1948. A person who migrated to Pakistan after 1 March 1947, even though otherwise quali- fied under other provisions of the Constitution, is not deemed to be a citizen of India [Article 7, The State of Bihar vs. Kumar Amar Singh (1955) 1S.C.R. 1259] and in spite of the fact that most countries within the Commonwealth are not foreign states for the purpose of the Consti- tution. (Noor Mohammed vs. The State, A.LR. 1956 Madhya Bharat 211; Mohd. Abdul Ghani vs. The State, ALR. 1957 Andhra Pradesh 143). CANIZENSHIP AFTER THE COMMENCEMENT OF THE CONSTITUTION ‘The citizenship of natural persons born on or after 26 January 1950 is governed by the Indian Citizenship Act 1955. The Act contains 19 sections and three schedules. It provides for acquisition (Sections 3 to 7) and termination (Sections 8 to 10) of citizenship. Other provi- sions of the Act are supplemental and they include provisions for re- cognition in India of Commonwealth citizenship. Acquisition of Citizenship. Citizenship may be acquired in India by five modes (i) by birth, (ii) by descent, (iii) by registration, (iv) by naturalization and (v) by incorporation of territory. (i) By birth (Section 3): Every person born in India on or atter 26 January 1950 becomes 2 citizen of India. A person born aboard a ship or aircraft registered in India or an unregistered ship or aircraft of the Government of India is deemed to have been born in India. A person born aboard a ship or aircraft not registered in India or if uncegis- tered and belonging to the government of a country other than India even though it may be in India is not deemed to be born in India (Section 2(3)). Though bora in India the child of 2 person not a citizen and enjoying diplomatic immunity does not become a citizen by birth [Sec- tion 3(2)(a)]. This is also the position of a child of an enemy alien born at a place under occupation by the enemy [Section 3(2) (b)CITIZENSHIP IN INDIA 257 (ii) By descent (Section 4): This mode is limited to persons bora outside India, Citizenship by descent may be traced through a citizen of any description viz. by birth, descent, registration, naturalization or incorporation of territory but it can be traced through male descent only. Indian law has followed that of the United Kingdom which has a long history about transmission of citizenship by descent? In Australia, Canada, South Africa, and Ceylon citizenship by descent can be ac- quired through the mother also by a child born out of wedlock. Women of India have thus been denied equality of sex guaranteed by the Consti- tution in the matter of citizenship by descent and to that extent the provision of Section 4 of the Citizenship Act 1955 is void. Citizenship by descent is not restricted to any particular number of generations. It is automatic when descent is from a father who is a citizen otherwise than by descent. In other cases, with an exception in favour of children of government servants, the birth of the person has to be registered within one year, or any extended period. The status and description of the father at the time of his death determines the citizenship by des- cent of a posthumous child and if the father died before the Act he is considered as if he had died after the Act. (iii) By regittration (Section 5): This mode offers citizenship to persons who have some link with the country on terms more favourzble than those prescribed for the naturalization of aliens. A person must not already be a citizen either under the Constitution or any other pro- vision of the Citizenship Act. There are five categories—of whom two. are persons of Indian origin—of persons who can apply for registration asaccitizen: (i) persons of Indian origin ordinarily resident in India before the application; (ii) persons of Indian origin ordinarily resident in a country outside undivided India. A person is deemed to be of Indian origin if he or either of his parents or any of his grandparents was born in undivided India; (iii) women who are or have been married to citizens of India; (iv) minor children of citizens of India; and (v) persons who are citizens of countries within the Commonwealth or the Republic of Ireland, if major and not of unsound mind. Such per- sons are to be citizens under an enactment of the legislature of their respective countries and the law must be recognized by the Government of India by notification, but in the case of the South African Govern- ment the notification has to be issued with previous approval of both the Houses of Parliament [Sections 5(e) and 2(1) (b) and 2(1)(c)]. Rules are yet to be framed on the reciprocal basis for the registration of citizens of Commonwealth countries and the Republic of Ireland. "See Sir Frank Newam: ‘The Home Office Para Two, Chapter X pp. 102-104; J. Mervyn, Jonci: British Nationality Law (Revised Ed. 1955) Appendix 4 pp. 216-218; Rex vx Albany. Street Police Supdt, Ex parte Percy Carlebich 1915, 3 K.B, 716 at p, 723—Pee Lord Reading GJ at p. 726 per Datling J.258 A. N. SINHA Besides the five categories noted above there are two other special categories of persons who are eligible for registration: (i) a person who has previously renounced or whose citizenship has terminated, and (ii) any minor. A person is required to take the oath of allegiance and the citizenship takes effect from the date of registration. (iv) By naturalization (Section 6 and Third Schedule). A person who is not a minor, not of unsound mind, and not a citizen of any Com- monwealth country or the Republic of Ireland may acquire citizenship by naturalization. Citizenship by naturalization is not confined to an alien who is a citizen of another country, he may be 2 stateless alien too. ‘Unless the applicant is a distinguished person he must fulfil seven condi- tions: (i) he must not be a citizen of a state which debars Indian citi- zens from becoming naturalized in that state; (ii) he must renounce his previous citizenship; (iii) he must have been resident, unless given any exemption chortening the period, in India for 12 months immediately before his application for naturalization; if the alien is 2 government servant he is allowed to include in the period the time he spends out of India; (iv) he must have been resident in India or in government ser- vice for four years, within eight years or any extended period before his application; (v) he must be of good character; (vi) he must have an adequate knowledge of any of the 14 languages mentioned in the Eighth Schedule to the Constitution; and (vii) he must intend, if the certificate of naturalization is granted to him, to reside in India or enter into or continue in the service of the Central ot any State Government in India or of an international organization of which India is a member or of a society, company or a body of persons established in India. A person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally may be naturalized waiving all or any of the above conditions. This provi- sion differs from similar provisions in other countries in that it is not necessary that the distinguished service should be rendered to India or be advantageous to India. Citizenship by naturalization becomes effec- tive from the date of the certificate on the person taking the oath of allegiance within one month or any extended period. (v) By incorporation of territory (Section 7): This is a type of collective naturalization. When a territory becomes a part of India the Central Government may by order notified in the official Gazette specify the persons who shall be citizens of India by reason of their connexion with that territory, Citizenship takes effect from the date of the order. (vi) Citizenship in cases of doubt (Section 13): The Central Government may, in such cases as it thinks fit, certify that a person with respect to whose citizenship 2 doubt exists is a citizen of India.CITIZENSHIP IN INDIA 259 Termination of Citizenship (i) Renunciation (Section 8): A citizen of India, if he or she is of sound mind and not a minor unless a married female, who is also a citizen of another country may renounce his or her Indian citizenship (Section 8). On such renunciation minor children of such citizen also cease to be Indian citizens but they are given the right to declare themselves Indian citizens within one year after attaining majority (18 years) and on such declaration they resume their Indian citizenship. There is a restriction on renunciation during any war in which India may be engaged. In India distinction is made, as is done in the United Kingdom, between a foreign national and a citizen of a Commonwealth country in the matter of renunciation of citizenship during war. Gi) Loss by voluntary acquisition of another citizenship (Section 9): ‘At the commencement of the Constitution a person could not be a citizen of India if he had voluntarily acquired citizenship of a foreign state. From 26 January 1950 a citizen of India ceases to be a citizen if he, by naturalization, registration or otherwise voluntarily acquires the citizen ship of ‘another country” An Indian citizen who during any war in which India may be engaged voluntarily acquires the citizenship of an- other country does not lose his citizenship until the Central Government so directs. The Central Government is to determine how and when any person has acquired the citizenship of another country. The Citi zenship Rules 1956 (Rule 30 and Schedule III) deal with this matter. One of the rules (the Citizenship Rules 1956 Para 3 of Schedule Ill) provides that if an Indian citizen has obtained on any day a passport from the government of any other country, that fact shall be conclusive proof of his having voluntarily acquired the citizenship of that other country. This provision has been struck down by a High Court being in excess of the powers under the Citizenship Act 1955 (Section 9(2)) and also as unconstitutional. (Syed Mohammad Khan ys. The Govt. of Andhra Pradesh A.LR. 1957 Andhra Pradesh 1947). Other conside- rations applied by the Rules to test whether there has been a voluntary acquisition of citizenship of another country are whether the Indian citizen migrated to a foreign country with a view to making a perma- nent home there, whether in fact he has taken up permanent residence in that country and any other circumstances relevant to the purpose. ‘An Indian citizen may be asked to prove that he has not acquired an- other citizenship. Special rules have been prescribed for determination whether an Indian citizen has acquired the citizenship of Pakistan, Loss of citizenship on voluntary acquisition of another citizenship by a person does not affect the citizenship of his or her children or of the other use. “ (iii) Deprivation of Citizenship (Section 10): Three classes of citizens may be deprived of the citizenship of India. They are (i)260 A. N. SINHA citizens by naturalization; (ii) persons who became citizens at the com- mencement of the Constitution because of their domicile in India then, and of five years residence in India prior to that dates (iii) citizens by registration excepting persons who registered themselves as citizens (a) after migration from Pakistan on or after 19 July 1948 and (b) being of Indian origin and ordinarily resident in India. Besides the ultimate test of public good there are five grounds on which a citizen can be deprived of his citizenship after giving him an opportunity to ask for an inquiry except in the case of deprivation on the ground of residence outside India. The grounds are (i) fraudulent acquisition of citizenship, (ii) disloyalty or disaffection, (iii) unlawful trading and other acts giving sid and comfort to enemy during war; (iv) imprisonment for more than a year within five years after naturalization and (v) residence out of India for a continuous period of seven years CITIZENSHIP OF CORPORATIONS ‘A corporation is a legal person. It is usual to speak of nationality or citizenship of legal persons. We import thereby something that we predicate of natural persone into an area where it can be applied by analogy only. To corporations most of the effects of being a ‘citizen’ of an ‘alien’ in a state are inapplicable, e.g., duties of allegiance, military service, franchise and other political rights. But there are other areas, eg., holding or acquiring property, where corporations can fit in and enjoy rights like those of natural persons. The test of nationality of a corporation is important both for Public and Private International Law. ‘A state can give diplomatic protection only to its nationals whether they are natural or artificial persons. Whether a corporation has ‘enemy’ character in war time should be distinguished from that of its nationality. In India citizenship of corporations has a special importance because of the fact that the Indian Constitution has gusranteed some of the funds- mental rights to ‘citizens’ only (Articles 15, 16, 19, 29 and 30). Some of those rights a corporation is incapable of exercising but there are others, like freedom to acquire, hold and dispose of property, to carry on trade or business, or to form associations, which it can enjoy. Are cor- porations citizens for the enjoyment of those fundamental rights? The High Courts in India hold conflicting views on the matter: some hold that they can, while others hold that they cannot and still others have pro- ceeded on the assumption without deciding the question that a corposa- tion is a citizen. The Supreme Court while holding that a corporation 4A mote exhaustive list of the grounds for lore and deprivation of citizenship and dis- qualifications for naturalization monly with « view eo thwetting communism it to be found Jin the Immigeacion and Naturalization Act of the United States (MeCarran—Walter Act, 1952) which the Congres enacted over the President's veco on 27 Janz 1952 and became efee- tive from 24 December of that Year which is a comprehensive statute as it repealad 48 Acts for parse of ActsCITIZENSHIP IN INDIA 261 is a ‘person’ for the enjoyment of fundamental rights of persons has so far left open in at least two cases (The Bengal Immunity Co, Ltd. vs. ‘The State of Bihar, (1955) 2 S.C.R. 603 at pp. 618-9; State of Bombay vs. R. M. D. Chamarbaugwala A.LR. 1957 S.C. 699 at p. 721) the ques- tion whether a corporation is a ‘citizen’ for the purpose of the funda- mental rights. The Citizenship Act 1955 and Pare II of the Consti- tution relate to citizenship of natural persons. A natural person comes into being by process of nature and the law has to confer citizenship on him or label him as such to create a tie between the state and the indivi- dual, Born and regulated by statutes, corporations do not require any further label of citizenship for the tie is already there. So viewed there is, in principle, no difference between citizenship of natural persons and corporations and the later come well within the term ‘citizens’ for the enjoyment of fundamental rights they are capable of exercising. Specific Provisions conferring nationality on corporations are, however, to be found in the Constitution of El Salvador, 1950 (Article 16); Mexican Nationality and Naturalization Act 1934 (Article 4); and Spanish Civil Code 1931 (Article 28). COMMONWEALTH CITIZENSHIP India has adopted in her Citizenship Act (Section 11) what is known as the Common Clause and every citizen of a Commonwealth country has the status of 2 Commonwealth citizen in India. Commonwealth citizenship is not in itself a nationality, ‘The Citizenship Act 1955 has not defined an ‘alien’ but under the Foreigners Act (as amended in 1957) a ‘foreigner’ is a person who is not a citizen of India. The adoption of the Common Clause and the fact that a country within the Commonweslth is not a foreign state for the purposes of the Consti- tution have not the effect of making a citizen of any other Common- wealth country a citizen of India. The status of a Commonwealth citizen in short is that he is a ‘foreigner’ [The Foreigners Act 1946, Sec- tion 2 (2) ] on whom certain rights and privileges of Indian citizens may be conferred on a basis of reciprocity (the Citizenship Act 1955 Section 12) or he may be exempted from the operation of the Foreigners Act [Section 3A (a) ] and the Foreigners (Exemption) Order 1957, He is not a full-fledged alien so that he can become a citizen of India by naturalization [the Citizenship Act 1955, Section 6(1)]. He has the privilege of acquiring citizenship by registration. Voluntary acquisi- tion of citizenship of another country, which includes a Commonwealth country, by an Indian citizen results in loss of Indian citizenship though this is not the result in the U.K., Southern Rhodesia and New Zealand. Aliens ‘The term ‘alien’ or ‘foreigner’ is broadly applied with reference to ea anges seo yg werpornpwe Nope vera aon forleerToseat 3262 A, N. SINHA state. An alien may be a citizen of another state, i.c., a foreign national. ‘He may also be a stateless person and the fact that he has no nationality places him in an abnormal and inferior position. An alien whether resident in a state or on a sojourn is subject to the laws of his state of residence so long as he is permitted to remain in the state. derive his rights directly from international law but from the municipal ‘particularly applies to an alien with nationality—chooses to have a dual and ambiguous status as an inhabitant of the country of his residence and a foreign citizen he derives advantages from both the domestic law of the country of residence and international law. The alien's home state can enter into diplomatic remonstrance against his expulsion or deportation in a proper case. By reason of his allegiance to his home state an alien leaves outstanding a foreign call to his loyalties which international law not only permits a state to recognize but commands it to respect, An alien remains immune from some of the burdens, e. mulitary service, which 2 citizen must shoulder, Unde# the Gael = protection against arrest and pore eee unless he is an enemy alien; right against exploitation; right to freedom of religion which includes freedom of conscience, profession and practice of religion, and freedom to manage religious affairs, freedom from taxation for the promotion of any particular religion, freedom from attending religious instruction in state-maintained or state-aided educational institutions; cultural and educational rights for linguistic and religious minorities; right to property; and to enforce the above rights by appropriate pro- ceedings before the Supreme Court or the High Courts, guaranteed by the Constitution of the country. ‘An alien has absolutely no right of franchise for Parliament or the State legislatures in India. He is also disqualified—such disqualification is removable—from voting or being elected as a member of the munici- pal corporations, viz., Calcutta, Bombay, Delhi, From certain high public offices, e.g. President of India, Vice-President, Governor of a State, Judge of the Supreme Court and High Court unless he was alreadyCITIZENSHIP IN INDIA 263 in service as a High Court judge at the commencement of the Consti- tution, Attorney-General of India and Advocate-General of a state, aliens are absolutely excluded by the Constitution. An alien is eligible for other employments if so permitted. Apart from the general dis- abilities of an alien in the matter of offices and employment there are certain occupations, eg., chartered accountancy, nursing, dentistry, pharmaceutical work, which an alien may not carry on in India unless his home state metes out reciprocal recognition and treatment to Indian citizens. ‘The statute laws of India have not followed any uniform nomencl:- i jefine an ‘alien’ ‘A foreigner’ is a person who is not a citizen of India [the Foreigners Act 1946, Section 2(a)]. Certain tests have been laid down by the Foreigners Act 1946 (Section §) for the determi- nation of the nationality of a foreigner in India. If he acquired a nationality—at birch he is deemed to retain that nationality except in cases where the Central Government has directed otherwise. ‘The foreigner may prove any subsequent acquisition of a different national- ity. If he has more than one nationality—he may be treated as the national of the country with which he appears to be most closely con- nected for the time being in interest and sympathy. he was last closely connected in interest and sympathy. If a foreigner does not fall within the above categories and any question arises about his nationality he is to prove whether he is a foreigner or a foreigner of particular class or description. ADMISSION A person, be he an alien or a citizen, must not enter India by land, water ot air from any place outside India without a valid passport unless exempted from such requirement by the Central Government. An entry by water or air is not deemed to be from a place outside India by reason only of the fact that a person has traversed territorial waters or land in course of this journey [Indian Passport Act 1920, Section 33 Indian Passport Rules 1950, Rule 3 Explanation and 4(1) (i) and 4(2)] ‘Breach of this law leads to conviction, In case of an alien the convic- tion may lead to his removal or expulsion but not so in case of a citizen. ‘The latter as a citizen has a fundamental right to reside in India [The Constitution of India; Article ra s . SoM ES264 A. N. SINHA regarding passports of the Commonwealth countries. A. passport issued by a foreign government other than Pakistan (for which there are spe- cial pr Ne Such visa may be for ‘a single journey’ valid for a specified period not exceeding one year; or a ‘transit ‘visa? for the sole purpose of reaching any destination outside India with permission to break journey in India ordinarily for not more than 15 days on each such journey and valid cither for the specified period not exceeding one year or the period of validity of the visa for the country of ultimate destination; or an ‘ordinary’ one valid for any number of journeys to India for a period specified not exceeding one year [Indian Passport Rules 1950, Rule 5 (iv) (a), (b) and (c)]. For Pakistan, in order to liberalize travel facilities, there are different categories of vita from ‘A’ to 'F’, a ‘transit visa’ and a ‘seamen’s visa’ [Ibid Rule 5 (iv) A]. A Nepalese passport is valid if it is either specifically valid for entry in India, or endorsed by a competent authority as valid for entry in India. A passport to be valid in India should not have been obtained by fraud or misrepresentation [Ibid Rule 5 (v)]. Persons, if domiciled in India, ‘or Nepalese or Bhutanese entering India by land or air over the Nepalese ‘or Tibetan frontiers are exempted from passport requirements. There are a number of exemptions in favour of seamen, eg, certain alien seamen, Portuguese Indian seamen, seemen domiciled in India. Certain persons from the Tibet region of China, viz. traders and their families, border inhabitants, porters and mule-team drivers in transportation ser- vices, and pilgrims of the Lamaist and Buddhist faiths, are also exempted from the requirement of a passport for entry into India. Entry through approved port or place Every alien, unless exempted, must enter India through an approved port or place on her borders and with the leave of the civil authority of the place through which he enters India [the Foreigners Act 1946, Sec. tion 3 (2) (a) and the Fotcigners Order 1948, Para 3(1)]. Leave to enter India may be granted on any conditions attached to it and the conditions may be varied or cancelled [the Foreigners Order 1948 Para 3(3)]. Ordinarily leave to enter India is refused if the alien is not in possession of a valid passport or vise for India unless he is exempted from such requirement. Even though an alien has complied with the requirements of the Indian Passport Act 1920 and the rules made under it he may be refused leave to enter in India in the interest of public safety; or if he is of unsound mind or mentally defective; or suffers from a loathsome disease likely to prejudice public health; or hasCITIZENSHIP IN INDIA 265 been sentenced in a foreign country for any extradition offence; or if his entry is prohibited either under an order issued by a competent autho- rity or under the specific orders of the Central Government [the Foreigners Order 1948, Para 3(2) and (4)]. Alien seamen or crew of aircraft, in addition to the above, are prohibited from landing in India without a special permit to be issued on an undertaking given by their employer that the latter would maintain them while in India and also pay for the expenses of their departure from India (ibid Para 4). ‘An alien who has been refused leave to enter India may be detained 2t any approved place and if he has come by sea he may be brought ashore for such detention. While in such detention the alien is deemed to be in legal custody and not to have entered India [ibid Para 3 (5) = EEE statute laws provide for their registration, change of name, residence, movements and employments with wide power to the executive to place special restrictions in proper cases and for their expulsion. ‘An alien while in India must not assume, without permission of the Central Government, any name other than the one by which he was ordinarily known immediately before the date on which he first enters India [the Foreigners Act 1946, Section 5(3)]. A married woman, however, may use her husband’s name. REGISTRATION An alien who has attained the age of 16 years, immediately on entry into India must present personally, unless exempted from personal attend- ance, a report, called the registration report, to the appropriate Registra- tion Officer giving his address in India [the Registration of Foreigners Rules 1939, Rule 5; Registration of Foreigners (Exemption) Order 1957, para 2]. t any time if the authorities are not satisfied with the documents of identificetion of the alien they may either get photo- graphs from the alien or fingerprint him to make one of the photographs for make one set of fingerprints a part of the Certificate of Registration [the Registration of Foreigners Rules 1939, Rules 6 (2) Second Proviso, nd 9]. The eatfcate of an alien ofher than tht of & tours enaio r Every alien entering = on oo ape 7 2 visa must peep er obtain a permit indicating the period he is authorized to remain in India and he is required to depart from India before the expiry of the period (the266 A. N. SINHA Foreigners Order 1948, Para 7). Such permit may be obtained either from the Registration Officer of the place of entry, or from the Regis- tration Officer of his place of residence in India if the alien is not a tourist, nor entered India on a transit vise (ibid). An alien who is not a tourist has to make reports about absence from registered address with particulars of his itinerary, change of registered address, and about changes other than the registered address to keep accurate his Certificate of Registration (the Registration of Foreigners Rules 1939, Rules 10, 11, and 12). In order to avoid reporting every time absence from a register- ed address travel permits are issued in special circumstances [ibid, Rule 10(2) }. TOURIST A ‘tourist’ in India is an alien who has no residence or occupation in India, His stay in India does not ordinarily exceed three months. He has no object in visiting India other than recreation, sightseeing or attending, in a representative capacity, meetings convened by the Government of India or international bodies. A tourist is given a spe- cial Certificate of Registration [che Registration of Foreigners Rules 1939, Rules 2(j), 6(2) ]- If 2 tourist enters India on a transit visa his Certificate of Registration is co-extensive with the validity of the transit visa. For any other tourists the Certificate of Registration is valid not ordinarily exceeding three months. A tourist who remains in India after the expiration of his Certificate of Registration ceases to be a tourist and should surrender the certificate and get a general Certificate of Regis- tration. Any Registration Officer may cancel at any time the period of validity of a tourist’s certificate and upon such cancellation a tourist ceases to be so (ibid, Rule 13). A tourist is exempt from reporting absence from his registered address, or change of registered address or other changes [ibid, Rule 13 (1) ]. Every alien must produce, within 24 hours or any extended period, and deliver on taking a receipt, his passport or other proof of identity, and his Certificate of Registration when demanded by any Registration Officer, magistrate or police officer not below the rank of a head const- able for any purpose connected with the enforcement of the Registra tion of Foreigners Rules 1939 (ibid, Rules 8 and 9). CONTROL AND SUPERVISION OF MOVEMENTS ETC. ep a preeereAERED) | Witrow che pee mission of appropriate authority an alien must not visit or reside in any prohibited place as defined in the Indian Official Secret’s Act 1923 (ibid, Para 8) ot do anything prohibited in any area declared to be a protected area (ibid, Para 9). An alien may be asked to remove himself from anyCITIZENSHIP IN INDIA 267 cantonment within a specified time (ibid, Para (12). He must not also without permission enter any premises relating to or be employed in any undertaking for the supply to the Government or to the public of light, petroleum power, or water or other undertaking as may be specified (ibid, Para 10). Authorities may also close or otherwise regulate premises used asa restaurant, place of public resort or entertainment or as a club frequented by foreigners (the Foreigners Act 1946, Section 7A, the Foreigners Order 1948, Para 13). Obligations have been cast on hotel. keepers generally, householders and others in 2 prohibited place or a protected area in particular to keep records and furnish particulars about aliens accommodated by them with corresponding obligations on aliens to furnish such information [the Foreigners Act 1946, Section 7; the Foreigners Order 1948, para 8(3), 9(2)(c); the Registration of Foreigners Rules 1939, Rule 14]. The pilot of any aircraft and master of vessel arriving or leaving India are also under obligation to furnish information about aliens (the Registration of Foreigners Rules 1939, Rules 4 and 16; the Foreigners Act 1946, Section 6). He is also under liability to remove an alien brought by his aircraft or vessel at his own expense within two months of arrival if the alien has been refused entey or has entered India without permission (the Foreigners Act 1946, Sec tion 6 (4) ; the Foreigners Order 1948, Para 6). DEPARTURE + Every alien has to leave India through an approved port or other ized place of departure and with leave [the Foreigners Order 1948, Para 5(1)]. At the time of his departure from India an alien must surrender his Certificate of Registration (the Registration of Foreigners Rules 1939, Rule 15) and also the permit restricting his sojourn in India (the Foreigners Order 1948, Para 7) ac any person bes is not ra “ in i a fa) lia or who, even if domiciled in India at the time of his departure has no intention of returning to India, must not leave India—unless exempted—by land, sea or air without a tax clearance certificate stating that he has no tax liabilities or that satisfactory arrangements have been made for pay- ment of taxes [the Indian Income Tax Act 1922, Section 46A; The Income Tax (Tax Clearance Certificate) Rules 1953]. Above all, an alien may be prohibited from leaving India if such departure would not be conducive to the public interest (ibid, Para 5(3) ].268 A. N. SINHA EXPULSION OR DEPORTATION AND DETENTION His resources may be availed of in similar manner if the alien has been refused permission to enter India or has entered India without permission (the Foreigners Order 1948, Para 14). When the Central Government orders expulsion of an alien it may direct, on payment at current rates for passage and maintenance, the master of a vessel or the pilot of an aircraft carrying the passenger to take the alien and his dependants to such port or place outside India where the vessel or the aircraft is due to call [the Foreigners Act 1946, Section 6(5), the Foreigners Order 1948, Para 6(2)]. EXEMPTIONS: REGISTRATION OF FOREIGNERS RULES Aliens who have not attzined the age of 16 years are exempt from the provisions of the Registration of Foreigners Rules 1939 [the Regis- tration of Foreigners (Exemption) Order 1957; Para 2]. Others who include citizens of Commonwealth countries on a basis of reciprocity, diplomatic personnel, representatives of members to the principal and subsidiary organs of the United Nations have been exempted from com~ pliance with those Rules in varying degrees (ibid, Paras 3 to 7). FOREIGNERS ACT 1946 AND FOREIGNERS ORDER 1948 They do not ordinarily apply to citizens of the United Kingdom, Canada, Commonwealth of Australia, New Zealand, Ceylon, Federation of Rhodesia and Nyasaland and the Republic of Ireland [the Foreigners (Exemption) Order 1957, Para 2]. ‘They may, however, be made appli- cable to any of those citizens in the interests of the defence, security, general public or any section of it of India; or of friendly relations of India with any country outside India (ibid, Para 3). PENALTIES Contravention of the provisions of law is visited with penalties on conviction. Sentences that may be passed against an alien vary from imprisonment for six months to five years or fine or both (the Indian Passport Rules 1950, Rule 6; the Registration of Foreigners Act 1939; the Foreigners Act 1946, Sections 13 and 14). FAIR TREATMENT OF ALIENS A state enjoys wide discretion in the matter of treatment of aliens,BUSINESS MAY SEEM PROSAIC 269 Ie may not at all receive an alien. It may at any time revoke the licence of an alien to remain in the state. Once an alien is received by a state there arises a network of legal relationships between the state of residence and the home state of the alien. Of all international relations the pro- tection of its national by a state when resident abroad is one of the most delicate and important. Experience has shown that friendly relations even with friendly countries may be jeopardized from real or imagined wrong to another's subject or citizen inflicted or permitted by a govern- ment. Treaties and international practice have established some broad limits for the treatment of aliens. This standard a state must not violate without incurring international responsibilities and being liable to damages for arbitrary and maltreatment of aliens. In her Constitu- tion and laws India has given ample recognition to this standard. More- over one of the Directive Principles of State Policy laid down in the Constitution of India (Article 50) is that she shall endeavour to promote international peace and security; maintain just and honourable relations between nations; foster respect for international law and treaty; and encourage settlement of international disputes by arbitration. New Deren 23 June 1958 THE BUSINESS MAY SEEM PROSAIC* By NICHOLAS MANSERGH ‘Tne title I have chosen for my inaugural lecture may seem to some among you to foreshadow only too well its probable content and charac- ter. Yet I need hardly explain, it was not for that reason I chose it. It is taken from Lord Salisbury’s opening address to the first Colonial Con- ference, held in London in 1887, the year of Queen Victoria’s Golden Jubilee celebrations, in the course of which he remarked “The decisions of this Conference may not be, for the moment, of vital importance; the business may seem prosaic, and may not issue in any great results at the moment. But we are all sensible that this meeting is the beginning of a state of things which is to have great results for the future’? Rather more than 60 years have passed since Lord Salisbury spoke these words. On two points, seemingly unrelated but as I think closely con- nected, he may be seen from this vantage point in time to have shown considerable foresight. The Colonial Conference of 1887 did mark the beginning of ‘a state of things’ which had great results; not I venture to SInaumvral adder delivered on 17 March 1956 a» Visiting Profewor of Commonmeslsh History and Insticutions in che Tadian School of International Studies, New Del * Proceedings of the Colonial Conference 1887 Vol. 1 (C. 5091), p. 3. HL Re . (18t7) Is,