Case Details

Citation(s)
2002 SLG 2399 2002 SLD 2399 2002 PLD 521
Lahore High Court
Writ Petition No. 11199 of 2002, decided on 2nd September, 2002. DATE of hearing: 16th August, 2002
TASSADUQ HUSSAIN, JILLANI, J
Syed Mohsin Abbas for Petitioner. Kh. Saeed-uz-Zafar, Dv. A.G. for
Respondents. Umar Atta Bundial, Syed Mansoor Ali Shah and Syed Shabbar Raza Rizvi. Amicus curiae

UMAR AHMAD GHUMMAN

VS

GOVERNMENT OF PAKISTAN and others

Law:

Section:

(a) International law-------"Nationality" and "citizenship" ---Meanings and distinction---Dual nationality--- Notion and incidence. Nationality in common parlance means membership of a particular nation. In International Law it refers to the attributes of a person natural or artificial person belonging to a State with certain rights and obligations which the law may prescribe. Citizenship on the other hand, is a term of Municipal Law which denotes the relationship between a natural person/an individual and the State conferring the civil and political rights to individuals corresponding with duties. Nationality has reference to the jural relationship which may arise for consideration under international law. On the other hand 'citizenship' has reference to the jural relationship under municipal law. In other words, nationality determines the civil rights of a person, natural or artificial, particularly with reference to international law, whereas citizenship is intimately connected with civil rights under municipal law. Hence all citizens are nationals of a particular State but all nationals may not be citizens of the State. In other words citizens are those persons who have full political rights as distinguished from nationals who may not enjoy full political rights and are still domiciled in that country. The concept of citizenship is as old as the Greek City States. Down the ages nations and countries have enacted laws regarding acquisition and loss of citizenship and also with regard to dual nationality. These rules and enactments primarily fall in the domain of Municipal Law and not International Law. Till recent times, these matters have not been of much concern in International Law. Consequently, there are only a few rules of customary International Law which specifically deal with just a few issues of nationality. Some of these issues are enforced, naturalization, cession of territory and instances of diplomatic protection to nationals of a country. The Municipal Laws of various countries demonstrate a varied approach so far legislation on dual nationality is concerned. Countries have enacted laws to encourage some form of dual nationality while there…
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