Citizenship Act Prevails Over Passport Manual: Delhi High Court

The Delhi High Court has said that the Citizenship Act, 1955, prevails over the Passport Manual of 2020, observing that a subordinate legislation cannot override the parent legislation.

Justice Subramaniam Prasad allowed the plea moved by two minor children against the authorities' decision to cancel their Indian passports and not reissuing the same.

The parents of the children were Indian citizens by birth who later migrated to USA. The father continued to be an Indian citizen whereas the mother acquired US citizenship under Section 9 of the Citizenship Act. The children sought a direction on the authorities to issue free Indian passports to them.

Allowing the plea, the court said that the children met the requisites mentioned under Section 4(1)(A) of the Citizenship Act, which states that a minor who is a citizen of India and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.

The court observed that the father continued to be a citizen of India though the children were born outside India and that their births were registered as per provisos of Section 4(1)(b) of the Act.

Justice Prasad further relied upon a circular issued by the Union Government in February 02, 2011, clarifying that there is no compelling reason to guard against a minor child having dual citizenship. Further, it added that if a minor has obtained foreign passport before registering at an Indian consulate, he or she shall not be registered as Indian citizen under Section 4 of the Act.

“It is, therefore, clear that even the government has accepted that t a minor till attaining the age of majority is entitled to have an Indian passport issued and has the option to renounce either the Indian citizenship or the foreign citizenship in order to continue to be an Indian citizen,” the court said.

It further noted that the passport manual of 2020, which was relied upon by the authorities, is at variance with the Citizenship Act.

The authorities took a stand that as per Para 5.5 of Chapter 29 of Passport Manual 2020, under no circumstances an Indian citizen, including a minor, can possess an Indian and a foreign Passport at the same time.

“Clearly, the Passport Manual is at variance with Section 4 of the Citizenship Act which will undoubtedly prevail over the Passport Manual. It is clear that the subordinate legislation cannot override the parent legislation,” the court said.

It added: “In view of the above, this Court does not find any impediment in granting the prayers as sought for by the Petitioners in the writ petition. The writ petition is allowed.“

Counsel for Petitioners: Mr. C. Mohan Rao, Sr. Advocate with Mr. P. Venkat Reddy, Mr. Lokesh Kumar, Mr. Prashant Tyagi and Mr. P. Srinivas Reddy, Advocates

Counsel for Respondents: Mr. Manish Mohan, CGSC with Mr. Jatin Teotia and Mr. Prakhar Vashisth, Advocates for UoI

Title: AKSHAR REDDY VANGA AND ANR. REPRESENTED BY SUBBA REDDY VANGA v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 351

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