Any foreigner who has been granted a naturalization certificate under the naturalization Act 1926 is registered as a citizen of Pakistan under section 9 of the Pakistan Citizenship Act 1951 by the federal government.
The naturalization certificate can be gained under section 3 of the naturalization Act 1926 on the following grounds:-
-
That he or she is not a minor
-
That he or she is neither of citizen of Pakistan nor a subject of any state of which a citizen of Pakistan is prevented by or under any law from becoming subject by naturalization
-
That he or she has resided in Pakistan through the period of 12 months immediately preceding the date of the application and has during the seven years immediately preceding the said period of 12 months resided in Pakistan for a period amounting in the aggregate to not less than four years
-
That he or she is of good character
-
That he or she has an adequate knowledge of a language which has been declared by notification in the official gazette
-
That he or she intends to, if the application is granted, reside in Pakistan or to enter or continue in the service of the State in Pakistan
This law doesn’t apply to any person or persons who have been issued naturalization under the Indian Naturalization Act 1852.
A person to whom a certificate of Naturalization has to thirty days from the date of issue to take and subscribe to the Oath of Allegiance under section 6 of the Naturalization Act 1926.
Josh and Mak are the leading law firm in the field of naturalization Pakistani citizenship, and if you have any questions or would like advice in any area relating to the please contact us today.
Useful links on citizenship & domicile
https://joshandmakinternational.com/pakistani-citizenship-through-naturalization/
https://joshandmakinternational.com/case-commentary-citizenship-registration-laws-pakistan/
https://joshandmakinternational.com/pakistani-citizenship-a-short-guide/
Review of recent cases on Naturalization
The case of Hafiz Hamdullah Saboor v. Government of Pakistan (2021 PLD 305 Islamabad) elucidates significant principles regarding citizenship in Pakistan, particularly focusing on citizenship by birth and the administrative discretion involved in the naturalization process.
Under Section 4 of the Pakistan Citizenship Act, 1951, citizenship by birth is unequivocally granted to every person born in Pakistan post the commencement of the Act. The language of the statute employs the mandatory term “shall,” indicating that birth within Pakistani territory is a definitive and exclusive ground for acquiring citizenship, without any discretionary intervention by the State. This statutory provision is bolstered by Rule 8 of the Pakistan Citizenship Rules, 1952, which pertains to the procedural aspect of claiming citizenship by birth through obtaining a certificate as a formal acknowledgment. However, this procedural requirement does not impact the substantive right to citizenship conferred by birth, as the birth itself establishes the citizenship status by operation of law.
The exclusivity of this provision contrasts sharply with other modes of acquiring citizenship, such as by naturalization or immigration, where the State retains discretionary powers. These categories necessitate fulfilling specific prerequisites and compliance with administrative procedures, thereby allowing the State to exercise control over the conferral of citizenship. In contrast, citizenship by birth is immune to such discretion, firmly rooting the individual’s status in their birthplace.
The cited case underscores the severe implications of administrative overreach, particularly by the National Database and Registration Authority (NADRA), which arbitrarily suspended or cancelled the CNICs of individuals purportedly on intelligence reports alleging non-citizenship status. The petitioners, including Hafiz Hamdullah Saboor, were born in Pakistan and had their lives deeply intertwined with the country, evidenced by their longstanding residence, property ownership, public service, and familial connections within the nation. Despite the lack of allegations regarding acquisition of foreign citizenship or provision of false information, NADRA’s actions effectively rendered these individuals stateless, stripping them of their fundamental rights and disrupting their lives profoundly.
The Islamabad High Court, in its judgment, condemned such arbitrary actions, emphasizing the constitutional obligation of public authorities to adhere strictly to legal mandates and protect the rights of eligible citizens. The Court highlighted that the reckless conduct of NADRA not only exceeded its jurisdiction under the National Database and Registration Authority Ordinance, 2000 but also violated the constitutional rights of the petitioners. Consequently, the Court ordered the immediate restoration of the petitioners’ CNICs, affirming their citizenship and the non-discretionary nature of citizenship by birth.
This case demonstrates the inviolable right to citizenship by birth in Pakistan and the limitations on administrative discretion concerning such a right. It also illustrates the judiciary’s role in safeguarding citizens from arbitrary state actions that threaten to undermine their legal status and fundamental rights. The decision reinforces the principle that birth in Pakistan confers an automatic and indelible right to citizenship, distinct from the conditional and discretionary processes involved in naturalization and other forms of citizenship acquisition.
