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2018 (10) TMI 1328 - HC - Indian LawsApplication for review of Order - denial of petitioner’s request to be granted citizenship by naturalization in terms of Section 6(1) of the Citizenship Act, 1955 - extension of permission of stay also sought - denial of citizenship was mainly on the ground that petitioner was suspected to be indulging in drug trade. Held that:- For an alien to be granted citizenship by naturalisation, it would be necessary for the said person to qualify the conditions as set out in the Third Schedule of the Citizenship Act. One of the conditions specified therein is that the applicant be “of good character” (Clause (e) of the Third Schedule of the Citizenship Act) - It is also important to understand that as an alien, the petitioner is not entitled to the fundamental rights – other than Article 21 and to a limited extent Article 14 of the Constitution of India – guaranteed to a citizen of India. Indisputably, the petitioner does not have any inherent right to reside in India or to be accepted as the citizen of this Country. Accepting an application for naturalisation by the Central Government is a grant of privilege in exercise of its sovereign power. There is no definition of the expression ‘good character’ in the Citizenship Act. Undoubtedly, the Central Government has wide discretion in setting the standards for its satisfaction as to the good character requirement. However, the expression must be understood in the context of the statute. The standards to qualify the good character requirement must be reasonable and as expected of a good and responsible citizen espousing the values engrafted in the Constitution of this country. The impugned order does indicate sufficient reason why the petitioner’s application for naturalisation has been rejected. It is clear that the Central Government is not satisfied that the petitioner qualifies the good character requirement - this is a subjective decision and the Central Government (and not this Court) is required to be satisfied that the petitioner is qualified for naturalisation under the provisions of the Third Schedule of the Citizenship Act. This decision cannot be subjected to judicial review except on limited grounds. The said decision cannot be held to be arbitrary, capricious or whimsical and, thus, cannot be interfered with in these proceedings. Whether the petitioner would be rendered stateless as citizenship was not granted to her? - Held that:- Admittedly, the petitioner is a German National. Her parents are also German Citizens. The petitioner was born in Germany and had, admittedly, come to India in connection with a business relating to Indian handicrafts. She may have spent a considerable time in India, but a refusal to grant her citizenship by naturalisation does not render her Stateless as contended on her behalf. Petition dismissed.
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