6
CITIZENSHIP ACT, 1955
[S. 16
denied the opportunity would depend upon the contents of the show-cause notice, the reply of the party and to a limited extent, the impact of denial o the opportunity might be required to be considered with reference to the final order determining the issue.1
10. Deprivation of citizenship.-(1) A citizen of India who is such by naturalization or by virtue only cì Cl. (c) of Art. 5 of the Constitution or by registration otherwise than under Cl. (b) (ii) of Art. 6 of the Constitution or Cl. (a) of sub-section (1) of Sec. 5 of this Act shall cease to be a citizer of India if he is deprived of that citizenship by an order of the Centra Government under this section.
(2) Subject to the provisions of this section, the Central Governmen may, by order, deprive any such citizen of Indian citizenship, if it is sutisûe
that-
(a) the registration or certificate of naturalization was obtained by means of fraud, false representation or the concealment of an. material fact; or
(b) that citizen has shown himself by act or speech to be disloya or disaffected towards the Constitution of India as by law establish ed; or
(c) that citizen has, during any war in which India may be engaged unlawfully traded or communicatad with an enemy or been engage in, or associated with, any business that was to his knowledge carrie on in such manner as to assist an enemy in that war; or
(d) that citizen has, within five years after registration or naturali zation, been sentenced in any country to imprisonment for a term of not less than two years; or
(e) that citizen has been ordinarily resident out of India for a con- tinuous period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government in India or of a International Organization of which India is a member. nor registered. annually in the prescribed manner at an India Consulate his intention to reatain his citizenship of India.
(3) The Central Government shall not deprive a person of citizenship under this section unless it is satisfied that it is not conducive to the public good that that person should continue to be a citizen of India.
(4) Before making an order under this section, the Central Government shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and, if the order is proposed to be made on any of the grounds specified in sub-section (2) other than Cl. (e) thereof, of his right, upon making appii- cation therefor in the prescribed manner, to have his case referred to a com- mittee of inquiry under this section.
(5) If the order is proposed to be made against a person on any of the grounds specified in sub-section (2) other than Cl. (e) thereof and that person so applies in the prescribed manner, the Central Government shall, and in any other case it may, refer the case to a committee of inquiry consisting of
1. Abdul Rahim Khan v. Union of India, A, I. R. 1977 Bom. 274 at p. 28'