Child Of Present Indian Citizen Eligible For Citizenship By Registration U/S 5(1)(f): Telangana HC Rejects Centre's 'Former Citizen' Interpretation

The Telangana High Court has held that the phrase “was earlier citizen of independent India” under Section 5(1)(f) of the Citizenship Act, 1955 is not confined only to former Indian citizens, but also includes persons who presently continue to hold Indian citizenship.Section 5 pertains to citizenship by registration and 5(1)(f) states that the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act, if he is a person of full age and capacity who, or either of his parents, "was earlier citizen of independent India", and is ordinarily resident in India for twelve months immediately before making an application for registration.A Single Judge Bench of Justice Nagesh Bheemapaka observed:“The phrase 'was earlier citizen of independent India' occurring in Section 5(1)(f) is not confined in its application to persons who were formerly citizens of India and have since ceased to be so. The expression, on a plain and purposive reading, takes within its fold every person who has been a citizen of independent India at any point in time, irrespective of whether such person continues to hold Indian citizenship or not. To hold otherwise would be to read into the provision a restriction which the Legislature has not imposed and would produce a result so manifestly absurd that no reasonable interpretation of the statute can sustain it.”The Court was dealing with a writ petition filed by a Yemeni citizen/OCI cardholder, whose application for Indian citizenship by registration under Section 5(1)(f) of the Citizenship Act was found deficient by the Ministry of Home Affairs on the ground that neither he nor either of his parents were “earlier citizens of independent India.”The petitioner's mother was born in Hyderabad on 26.01.1963 and continued to be an Indian citizen holding an Indian passport. The petitioner was born in Riyadh, Saudi Arabia on 25.11.1995 and held Yemeni citizenship. He was registered as an Overseas Citizen of India cardholder on 16.08.2017 and had been residing in India since 08.12.2021.He applied online on 08.12.2022 for registration as an Indian citizen under Section 5(1)(f) of the Act. He also submitted his Yemeni passport, OCI card, his mother's Indian passport, oath of allegiance and other documents to the District Collector, Hyderabad. The District Collector forwarded a positive report to the Union Government, finding him eligible with no adverse remarks.However, after the application remained pending for nearly three years, the Ministry of Home Affairs issued the impugned proceeding dated 06.10.2025, stating that the petitioner was not eligible under Section 5(1)(f), since neither he nor either of his parents were “earlier citizens of independent India.” The State Government was asked to revisit its recommendation.The Union Government argued that Section 5(1)(f) applies only where the applicant or either parent was a former citizen of independent India. Since the petitioner's mother had always remained an Indian citizen and had never ceased to be one, she could not be treated as an “earlier citizen” within the meaning of the provision. It was also contended that citizenship is not a matter of right and that no final decision had yet been taken, making the writ petition premature.Rejecting this interpretation, the Court held that the word “was” in Section 5(1)(f) does not mean “former citizen” to the exclusion of current citizens. The word “earlier”, the Court said, only qualifies the point of time when citizenship was held, namely any time after India became independent on 15.08.1947.“A person who is currently a citizen of India necessarily was a citizen of independent India at the time citizenship was acquired. If that person was born after 15.08.1947, such person was a citizen of independent India from birth. The phrase encompasses both current citizens and former citizens,” the Court observed.The Court said that accepting the Union's interpretation would lead to “absurd and irrational consequences”, since a child of a person who renounced Indian citizenship would become eligible, but a child of a present Indian citizen would not. Such a construction, the Court held, could not reflect the legislative intent.It added that such an interpretation would mean that a child of an Indian citizen, who was not registered at birth and holds another nationality, would have no right to apply for citizenship under Section 5(1)(f). It would also “compel an Indian citizen to renounce citizenship so that their child becomes eligible to apply for citizenship.”The Bench held that Section 5(1)(f), being a provision enabling persons with a familial connection to India to acquire citizenship, must receive a construction which furthers its object.“The provision was enacted to address the situation of children of Indian citizens or former citizens ...

Child Of Present Indian Citizen Eligible For Citizenship By Registration U/S 5(1)(f): Telangana HC Rejects Centre's 'Former Citizen' Interpretation

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Ananya Tangri

Child Of Present Indian Citizen Eligible For Citizenship By Registration U/S 5(1)(f): Telangana HC Rejects Centre's 'Former Citizen' Interpretation

Ananya Tangri

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Ananya Tangri

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