KULATHIL MAMMU versus THE STATE OF KERALA

Citation: [1966] 3 S.C.R. 706 · Decided: 02-03-1966 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Dismissed

Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

KULATHIL MAMMU 
v. 
THE STATE OF KERALA 
March 2, 1966 
[P.B. GAJrnDRAGADKAR, C.J., K.N. WANCHOO, 
M. HIDAYATULLAll, J.C. SHAH, S.M. SIKRI 
AND V. RAMASWAMI, JJ.) 
Cons1itu#o11 of India Art. ?-'Migrated' 1neaning of-lYhether 111ere 
nwrenient froni one place to anather constitutes 1nigratlon. 
A was born in Kozhikode of parents who were both Indian citizens. 
Tn 1948 at the age of 12 he went to Pakistan. 
Ho came to India for 
some time in 1954 on a Pakisl3ni passport in which he wa.• described as 
a Pakistani national. 
He again came for some time in 1956. After that 
there was no record in Kozhikode of his movements but in 1964 he was 
again found there without any valid travel documents. On action under 
the Foreigners Act being taken against him a writ petition was filed in 
the High Court and it was urged that he was an Indian citizen. 
The 
High Court held that he had 'migrated' to Pakistan within the meaning 
of Art. 7 of the Constitution in 1948, and therefore was a foreigner. 
With certificate the appellant came to this Court. 
HELD: (per P.B. Gajendragadkar, C.J .. K. N. Waochoo, S. M. Sikri 
and V. Ramaswami, JJ.) 
(i) The word "migrated" is capable of two meanings : In its narrower 
connotation it means going from one place to another with the intention 
of residing permanently in the latter place; in its wider connotation ii 
simply means going from one place to another whether or not with tho 
intention of permanent r.,;idence in the latter place. 
In Art. 7 the word 
is used in its wider sense, Shanno Devi's caso in which the narro\\·er 
meaning was attribwed 
to the word was 
wrongly decided. 
[709 C; 
714 A) 
SmJ. Shanno Devi v. Manga/ Sain, A.LR. 1961 S.C. 58, held wrongly 
decided. 
(ii) 'The non--0b.rtante clause with which Arts. 6 and 7 begin shows 
that the concept of domicile found in Art. 5 is not to be brought into 
these Articles. 
Moreover Arts. 6 aod 7 speak of migration after March 
I, 
1947 when panition had not yet taken place. 
At that time tho 
question of change of domicile did not raise, and even after partition 
people moved \vithout forming anr definite intention as to their pennanent 
place of abode. 
[712 D; 713 B 
A 
B 
c 
D 
E 
F 
(iil) However, C\·en when used in the wider sense the word "migrated" 
G 
cannot take in movement which was involuntary or for a specific purpose 
and for a short and limited period. [713 0-E!J 
Per Hidayatullah J. (dissenting) : 
11lc decision in Shanno Devi's case was correct. The word "migrate" 
in the context of Arts. 6 and 7 cannot mean mere going fn.>rr. onl! pi.ace 
lo another. 
Iust as domicile is a question of fact and intention, migra-
H 
tion is also a question of fact and intention. The immediate requirement 
ot intention in migration a.. used in tho Constitution is that tho person 
intended to change his abode from one part of India to another. lf the 
part to which he went came to be incorporated in the territory of Pakis-
J..., 
' 
' 
.. . •
• 
A 
B 
c 
D 
l, 
E 
F 
G 
• 
H 
KULATHIL MAMMU v. KERALA (Wanchoo, !.) 
707 
tan he had to return the manner prescribed in the proviso to Art. 7 
or he would not be deemed to be a citizen of In&ia. [719 B-C; 718 F-Hl 
Per Shah J.-The word "migrate'' is used in more senses than one 
and the context must decide its meaning. In ascertaining the meaning of 
that word in Arts. 6 and 7 the court would have regard to the scope and 
obja:t of the .constitutional provisions examined ii:i the light of t~e. events 
which were wunessed both before and after the birth of the dommtons of 
India and Pakistan. Another matter that must be kept in mind is that 
Arts. 6 and 7 deal with the status at the commencement of the Consti-
tution. And if intention to take up permanent residence in one or the 
other dominion, coupled with movement could alone justify a claim for 
citizenship of the country into which the migrant has moved, a large 
11umber of persons who migrated from the territory of Pakistan to India 
would find themselves without citizenship of India. Therefore "migrated 
from the territory of India" within the meaning of Art. 7 means moving 
from one place to another but not necessarily with the intention of perma-
nently residing in the country into which the person has moved. 
[720 F; 
721 C; 723 A-Bl 
Case law considered. 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 24 
of 1965. 
Appeal from the judgment and order dated December 21, 1964, 
of the Kerala High Court in O.P. No. 3077 of 1964. 

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