Pakistan Citizenship Act, 1951

Pakistan Citizenship Act, 1951 — section 2

2. Definitions. In this Act.—“alien” means a person who is not a citizen of Pakistan or a Commonwealth citizen; “Indo-Pakistan sub-continent” means India as defined in the Government of India Act, 1935 (26 Geo.5, c.2.), as originally enacted; “minor” means, notwithstanding anything in the Majority Act, 1875 (IX of 1875), any person who has not completed the age of twentyone years; “prescribed” means prescribed by rules made under this Act; 2[*] 2 [“Commonwealth citizen” means a person who has the status of a Commonwealth citizen under the British Nationality Act, 1948 (11 & 12, Geo.6, c.56.) “British protected person” means a person who has the status of a British protected person for the purposes of the British Nationality Act, 1948 (11 & 12 Geo.c.56).] 3. Citizenship at the date of commencement of this Act. At the commencement of this Act, every person shall be deemed to be a citizen of Pakistan

(a)who or any of whose parents or grandparents was born in the territory now included in Pakistan and who after the fourteenth day of August, 1947, has not been permanently resident in any country outside Pakistan; or

(b)who or any of whose parents or grandparents was born in the territories included in India on the thirty first day of March, 1937, 2[and who, except in the case of a person who was in the service of Pakistan or of any Government or Administration in Pakistan at the commencement of this Act, has] or had his 1 This Act shall, during the continuance of the Defence of Pakistan Ordinance, 1971 (XXX of 1971), have effect subject to the provision of section 7 (4) of that Ordinance. It has also been brought into force in Baluchistan with effect on and from the 13 th day of April, 1951, see Gazette of Pakistan, 1952, Pt. I, p. 218; applied in the Federated Areas of Baluchistan, see ibid., 1953, Pt. I, p. 152; extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); extended to the Khairpur State by the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953); extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953) ; extended to the State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953), as amended; and also brought in to force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application for Central Laws) Ordinance, 1960 (37 of 1960), s. 2. 2 Omitted and subs. by Act No. V of 1952, ss. 2&3. domicile within the meaning of Part II of the Succession Act, 1925 (XXXIX of 1925), as in force at the commencement of this Act, in Pakistan or in the territories now included in Pakistan; or

(c)who is a person naturalised as a British subject in Pakistan; and who, if before the date of the commencement of this Act he has acquired the citizenship of any foreign State, has before that date renounced the same by depositing a declaration in writing to that effect with an authority appointed or empowered to receive it; 1[or] 1 [(d) who before the commencement of this Act migrated to the territories now included in Pakistan from any territory in the Indo-Pakistan sub-continent outside those territories with the intention of residing permanently in those territories] 1 [* * * * * * *] 4. Citizenship by birth. Every person born in Pakistan after the commencement of this Act shall be a citizen of Pakistan by birth: Provided that a person shall not be such a citizen by virtue of this section if at the time of his birth

(a)his father possesses such immunity from suit and legal process as is accorded to an envoy of an external sovereign power accredited in Pakistan and is not a citizen of Pakistan; or

(b)his father is an enemy alien and the birth occurs in a place then under occupation by the enemy. 5. Citizenship by descent. 2[(1)] Subject to the provisions of section 3 a person born after the commencement of this Act shall be a citizen of Pakistan by descent if his 3[parent] is a citizen of Pakistan at the time of his birth: Provided that if the 3[parent] of such person is a citizen of Pakistan by descent only, that person shall not be a citizen of Pakistan by virtue of this section unless

(a)that person’s birth having occurred in a country outside Pakistan the birth is registered at a Pakistan Consulate or Mission in that country, or where there is no Pakistan Consulate or Mission in that country 1[at the prescribed Consulate or Mission or] at a Pakistan Consulate or Mission in the country nearest to that country; or

(b)that person’s 3[parent] is, at the time of the birth, in the service of any Government in Pakistan. [(2) The substitution of word “parent”, for the word “father” by the Pakistan Citizenship 2 (Amendment) Ordinance, 2000 (XIII of 2000) shall always be deemed to have been so done on and from the commencement of this Act.] 1 Ins. and omitted by Act No. V of 1952, ss. 3-4. 2 Numbered and added by Act No. XXVII of 2026 s. 2. 3 Subs. by Ord. No. XIII of 2000, s. 2.

This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.