Voluntary acquisition of foreign citizenship requires lawful enquiry and a fair chance to rebut before adverse action follows.

Indian citizenship terminates under the Citizenship Act only if foreign citizenship was voluntarily acquired, and that question must be determined through a lawful enquiry under the Citizenship Rules. The statutory scheme places an initial burden on the citizen, permits enquiry by the prescribed authority, and treats foreign passport possession as giving rise to a conclusive presumption only within that framework. Where the citizen alleges compulsion, fraud, or misrepresentation, a fair opportunity must be given to rebut voluntariness before adverse action is taken. The Central Government could not rely on the passport alone, and deportation could not be enforced until citizenship status was determined according to law after proper enquiry.

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Issues: Whether, in proceedings under section 9(2) of the Citizenship Act, 1955 read with Rule 30 and Schedule III of the Citizenship Rules, 1956, the Central Government was required to give the citizen an opportunity to show that the foreign passport was not voluntarily obtained, before treating his Indian citizenship as terminated.

Analysis: Section 9(1) of the Citizenship Act, 1955 terminates Indian citizenship only where foreign citizenship has been voluntarily acquired. Section 9(2) entrusts the determination of that question to the prescribed authority, and Rule 30, read with Schedule III, shows that the decision must be reached through an enquiry governed by statutory rules of evidence. Paragraph 1 places a rebuttable burden on the citizen, Paragraph 2 authorises enquiry, and Paragraph 3 raises a conclusive presumption from the obtaining of a foreign passport. The statutory scheme therefore contemplates a determination that the passport was voluntarily obtained, and where the citizen asserts compulsion, fraud, or misrepresentation, he must be afforded a fair opportunity to establish that plea.

Conclusion: The Central Government could not proceed on the basis of the passport alone without first giving the appellant an opportunity to meet the allegation of voluntary acquisition of foreign citizenship.

Final Conclusion: The order of deportation could not be enforced until the appellant's citizenship status was determined according to law after a proper enquiry.

Ratio Decidendi: Where termination of Indian citizenship under section 9 depends on voluntary acquisition of foreign citizenship, the statutory authority must conduct a lawful enquiry and afford the citizen a reasonable opportunity to rebut voluntariness before adverse action follows.

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