Karnataka High Court Asks Centre To Submit Notification Governing Online Applications To Seek Indian Citizenship

The Karnataka High Court on Monday (January 19) asked the Union Government to place on record the notification under which online application seeking Indian citizenship is required to be made with the concerned Deputy Commissioner. 

The court was hearing a woman's plea seeking citizenship for her son who was born in Canada and presently living in India along with her, pursuant to a marital dispute with her husband. 

After hearing the parties, Justice BM Shyam Prasad in his order dictated:

"...Shri Shanti Bhushan learned DSG submits that such interim order would not ensure to the petitioner's advantage and if the first petitioner (mother) really intends citizenship for second petitioner her son born in Canada, she will have to file application with the jurisdictional Deputy Commissioner as required under appropriate notification.Learned DSG submits a copy of the notification will be placed on record on the next date of hearing...The office is directed to relist this petition on February 19". 

The Deputy Solicitor General Shanti Bhushan appearing for the Union submitted that in the present case the mother wanted Indian citizenship for her son who is born in Canada. 

Referring to the procedure he said that an online application has to be submitted to the Deputy Commissioner and that will be forwarded to the Ministry of Home Affairs. 

Among other prayers the plea seeks that provisions of Section 14 Citizenship Act which prevents the petitioner's son from obtaining Indian Citizenship is unconstitutional and a direction to the Union to issue citizenship to her son.

For context, Section 14 grants the Central Government discretion to grant or refuse applications for citizenship under specific sections (5, 6, and 7A) without needing to provide reasons.

In the interim the plea seeks a direction to the Union not to take any precipitative action based on an order passed by Superior Court of Justice Ontario, Canada for not issuing citizenship to her son. 

The matter is listed on February 19. 

Case title: SMT ROSHINI B H AND ANOTHER v/s THE UNION OF INDIA AND OTHERS

 WP 22481/2024