Article 9 provides that if a person has voluntarily acquired the citizenship of a foreign State he shall forfeit the right of citizenship of India. While this was applicable to cases arising before the commencement of the Constitution, the cases arising after such commencement were to be dealt with in accordance with the provisions of the Citizenship Act, 1955. It has been held by the Supreme Court that the question whether a person has lost the citizenship of India on acquiring the citizenship of another country has to be determined by the Government of India and only after it has decided the matter can a State Government deal with him as an alien. If the question arises during the proceedings before a court of law, the court also has to await determination of the issue by the Government of India. The mere fact that a person has obtained a passport from a foreign country is not enough for deportation or prosecution. (Kullathi Mammu v. State of Kerala, AIR 1966 SC 1614, 1617; State of U.P. v. Rehmatullah (1971) 2 SCC 113, 118, AIR 1971 SC 1382; Government of Andhra Pradesh v. Syed Mohammad, AIR 1962 SC 1778; State of U.P. v. Roshan, (1969) 2 SCWR 232; State of Gujarat v. Ibrahim, AIR 1974 SC 645; Ayub Khan v. Commissioner of Police, (1965) 2 SCR 884; Moinuddin v. Government of India (1967) 2 SCR 401; Akbar v. Union of India, AIR 1962 SC 70; State of M.P. v. Peer Mohammad, AIR 1963 SC 645; Izhar Ahmed v. Union of India, AIR 1962 SC 1052; Anwar v. State of J & K (1971) 3 SCC 104).
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