Citizenship of Bharat: Part 30

 

Section 18: Power to Make Rules

Explanation

Section 18 of the Citizenship Act, 1955, empowers the Central Government to make rules for carrying out the purposes of the Act. The key provisions are as follows:

1. Rule-Making Authority: The Central Government has the authority to make rules for the implementation of the Act.

2. Scope of Rules: The rules may cover various aspects such as the procedure for registration of births, deaths, and marriages, the issuance of certificates of citizenship, and the conditions under which citizenship may be granted or revoked.

3. Publication: The rules made under this section shall be published in the Official Gazette and shall come into force on the date of publication or such later date as the Central Government may specify.

Relevant Judgments

1. Union of India vs. Pranav Srinivasan (2024): This case reaffirmed the importance of following the statutory process strictly for the deprivation of citizenship. The Court emphasized that the decision of the Central Government is final and binding.

2. Union of India vs. Bahareh Bakshi (2024): This case involved an Iranian citizen who filed a writ petition seeking the issuance of an OCI Card. The Supreme Court ruled that the physical presence of the estranged spouse is not a mandatory requirement for processing an application for an OCI Card under Section 7A, emphasizing that the requirement was arbitrary and not necessary for verifying the genuineness of the marital status.

These provisions and judgments ensure that the rule-making authority under Section 18 is exercised with due process and fairness, protecting the interests of both the individuals and the nation.

Section 19: Repealed

Explanation

Section 19 of the Citizenship Act, 1955, was repealed by the Repealing and Amending Act, 1960 (Act 58 of 1960), which came into effect on October 26, 1960. The section was part of the initial framework of the Act but was later deemed unnecessary or redundant, leading to its repeal.

Reason for Repeal

The primary reason for the repeal of Section 19 was to simplify and streamline the legal framework governing citizenship in India. Over time, certain provisions were found to be overlapping or no longer relevant, prompting legislative amendments to remove them and make the Act more coherent and easier to administer.