Termination of citizenship
Section 9 of the Citizenship Act, 1955 deals with termination of citizenship. Any citizen of India who by naturalisation, registration otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement The Act came into force on 30 Dec 1955.
(1) Any citizen of India who by naturalisation, registration otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India:
Provided that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquires the citizenship of another country, until the Central Government otherwise directs.
(2) If any question arises as to whether, when or how any 1 [citizen of India] has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf.
Section 9, The Citizenship Act, 1955 (Act 57 of 1955).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Akmal Ahmad vs State of Delhi
Court's Decision & Legal Precedent
Unauthorized possession of firearms and ammunition in a notified area under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act raises a statutory presumption that the weapon was meant to be used for a terrorist or disruptive act. This presumption is rebuttable, and the accused can prove that the weapon was not meant for use for any terrorist or disruptive act. However, if the accused fails to rebut the presumption, conviction under Section 5 of TADA is sustainable and constitutes a more aggravated offense than simple possession under the Arms Act. Additionally, Section 3 of the Passport Act applies only to departure from India, not entry, and therefore unauthorized possession of a foreign passport by a person who has already entered India does not constitute an offense under Section 12 of the Passport Act.
On this section: Grounds for loss of citizenship; the court noted that obtaining a Pakistani passport might imply cessation of Indian citizenship but found it unnecessary to decide this issue
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Akmal Ahmad vs State of Delhi
Court's Decision & Legal Precedent
The Passports Act, 1967 applies only to departure from India or attempt to depart. Possession of a foreign passport while in India, even if obtained under false identity in the issuing country, does not violate the Passports Act. Further, where unauthorized possession of arms falls within a notified area under TADA, the statutory presumption that such possession is for terrorist or disruptive activities arises upon proof of possession alone. This presumption is rebuttable but operates as a matter of law. Where the accused does not rebut the presumption and no evidence supports rebuttal, conviction under Section 5 of TADA is sustainable even when Section 25 of the Arms Act would also apply, as TADA offence is more aggravated and specifically addresses terrorist-prone areas.
On this section: Referenced regarding possible renunciation of Indian citizenship through obtaining foreign passport; court noted not necessary to decide on this point
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Mohd. Hussain v. Government of Andhra Pradesh
Court's Decision & Legal Precedent
Final Order order-1.pdf body dated June 17, 2014 twice (DATE-CHECK FP — ACCEPT). A. Ramalingeswara Rao J. allows writ: deportation without Central Government determination under Citizenship Act s.9(2)/Rule 30 illegal; relies on Md. Ayub Khan. Map Citizenship 9.
On this section: s.9(2) Central Government determination required before treating citizenship as terminated / deporting.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 9
What have the courts held on Section 9 of the Citizenship Act?
Akmal Ahmad vs State of Delhi (24 Mar 1999) is the leading judgment on this section among those set out below: Grounds for loss of citizenship; the court noted that obtaining a Pakistani passport might imply cessation of Indian citizenship but found it unnecessary to decide this issue. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 1999 to 2014.
How do I find court cases under Section 9 of the Citizenship Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Citizenship Act 1955 9, section 9 Citizenship Act 1955, section 9 of the Citizenship Act. People searching for it also type citizenship act amended 9 times. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Akmal Ahmad vs State of Delhi (24 Mar 1999).
What should I read with Section 9 of the Citizenship Act, and has it changed?
3 instruments name it without being made under it, most recently Citizenship Rule-2009 (2009), then These rules may be called the Citizenship Rules, 2009. (2009).
When did Section 9 of the Citizenship Act come into force?
Section 9 of the Citizenship Act, cited as Citizenship Act 1955 9, came into force on 30 Dec 1955, having been enacted on 30 Dec 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 6A. Special provisions as to citizenship of persons covered by the Assam Accord990 words
- 18. Power to make rules681 words
- 5. Citizenship by registration638 words
- 10. Deprivation of citizenship554 words
- 4. Citizenship by descent523 words
- 2. Interpretation520 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.