Pakistani nationality law

State emblem of Pakistan.svg
The Pakistani nationality law governs citizenship of the Islamic Republic of Pakistan. The principal legislation determining nationality, the Pakistan Citizenship Act, was passed by the Constituent Assembly of Pakistan on 13 April 1951. Since Cambodia changed its laws, Pakistan is the only country in Asia with unconditional jus soli citizenship rights.

Before the creation of Pakistan, its territories were part of the British Indian Empire (which included modern-day India, Bangladesh and Burma) and its people were British subjects. Pakistan was founded on 14 August 1947 as a state for Muslims and held the status of a Dominion in the British Commonwealth; it included modern-day Bangladesh, which was known as East Bengal and East Pakistan and became independent from Pakistan in 1971. Upon independence from British colonial rule, several millions of Muslims emigrated to Pakistan from India, and several millions of Hindus and Sikhs who had been residing in what became Pakistan emigrated to India, raising a number of citizenship issues.

The Pakistan Citizenship Act of 1951 was enacted on 13 April 1951; stating the purpose of it is "to make provision for citizenship of Pakistan". The Act has been amended several times, the last occurring in 2000. The Act is divided into 23 sections, each one outlining a different provision of citizenship, of which the most significant are:

Since independence, the growth of expatriate Pakistani communities in the Middle East, Europe and North America has led to several changes in Pakistani nationality law. Dual citizenship is allowed in certain specified circumstances:

Pakistanis with dual citizenship are forbidden to run for public office, sit in the assemblies, contest elections or join the Pakistani military. On 20 September 2012, the Supreme Court of Pakistan disqualified eleven lawmakers including Interior Minister Rehman Malik for failing to disclose their dual nationalities upon taking office. The proposed 21st Amendment to the Constitution of Pakistan would have allowed dual citizens to hold public office and contest elections, but the amendment never passed. On 16 December 2013, the Senate of Pakistan unanimously passed "The Civil Servants (Amendment) Bill, 2013", aimed at barring the civil servants of BPS-20 and above to have dual nationality. The bill will then be debated in the National Assembly of Pakistan. If it is passed there, it would then be implemented as an Act after the President of Pakistan signs it.

Both Pakistan and India law claim to the disputed region of Kashmir, which has been the subject of numerous wars between the two countries. The Pakistani Citizenship Act of 1951 allowed persons who were subjects of the state of Jammu and Kashmir to travel under a Pakistani passport and be considered a citizen of Pakistan without prejudice.

This page was last edited on 9 April 2018, at 00:37.
Reference: under CC BY-SA license.

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