Definition of ‘resident of India’ and the laws under which Indian citizenship is defined - CIC: Article 5 of the Constitution of India; Indian Citizenship Act, 1956; and Income Tax Act, 1962 are relevant – For more details, a legal expert may be consulted
1. In the RTI application dated 17.2.2012, the appellant has raised rather an interesting issue. According to him, in the advertisements and the brochure issued by HPCL jointly with IOCL and BPCL for selection of regular LPG distributors, one of the eligibility conditions prescribed is that the applicant should be ‘resident of India’. The appellant wants the CPIO to explain to him as to what is the definition of ‘resident of India’ and indicate the laws under which Indian citizenship is defined.
2. It is common place that the expression ‘resident of India’, is to be construed as ‘citizen of India’ for legal purposes. The following laws are relevant in the matter:-
· Article 5 of the Constitution of India; and
· Indian Citizenship Act, 1956.
· Income Tax Act, 1962.
3. I hope, this will be of some help to the appellant. For more details, he may consult a legal expert. The matter is being closed at the Commission’s end with these observations.
Citation: Mr. Hanuman Ram Choudhary v. HPCL in File No. CIC/LS/A/2013/000678