Children Of Those Who Didn't Renounce Indian Citizenship By Making Declaration U/S. 8(1) Of Citizenship Act Before Acquiring Foreign Citizenship Can't Resume Indian Citizenship U/S. 8(2): Supreme Court

The Supreme Court pronounced an important judgment on Friday (October 18) dealing with various provisions relating to Indian citizenship. The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Hence, such cessation of citizenship cannot be regarded as voluntary. Therefore, children of such persons cannot seek to resume Indian citizenship under Section 8(2) of the Citizenship Act. As per Section 8(2), children of persons who have voluntarily renounced Indian citizenship can seek Indian citizenship within one year of attaining majority. The Court interpreted that this option is not available for children of those who acquired foreign citizenship.The Court also clarified that a person who was born outside India after the commencement of the Constitution cannot seek citizenship under Article 8 of the Constitution on the ground that his grandparents were born in the undivided India.The Court held that allowing such an interpretation would lead to "absurd results", as foreign nationals born long after the independence, by claiming that their grandparents were born in the undivided India."If Article 8 was intended to apply to a foreign national born after the commencement of the Constitution, the provision would not be referring to “who is ordinarily residing in any country outside India so defined”. So defined means India as defined in the 1935 Act, as originally enacted. Moreover, Article 8 uses the expression “who is ordinarily residing”. Therefore, the provision will only apply to someone ordinarily residing on the date of commencement of the Constitution in any country outside India as defined in the 1935 Act, as originally enacted."A bench of Justice Abhay Oka and Justice Augustine George Masih said this while allowing an appeal filed by Centre against Madras HC judgement that allowed a Singaporean citizen by birth to resume Indian citizenship under section 8(2) of the Citizenship Act 1955 on the ground that his parents had originally been Indian citizens before acquiring Singaporean citizenship. The respondent had also claimed Indian citizenship under Article 8 of the Constitution.The Court held that the respondent was not entitled to resume Indian citizenship under Section 8(2) of the Citizenship Act, nor was he eligible for citizenship under Section 5(1)(b) or Article 8 of the Constitution."Section 8(2) will apply only if the minor child's parents had voluntarily renounced citizenship by making a declaration. In the facts of the case, on 19th December 1998, when Pranav's parents voluntarily acquired citizens of Singapore, they immediately ceased to be citizens of India by operation of Section 9(1). Therefore, there was no occasion for Pranav's parents to renounce their citizenship...As Pranav's parents ceased to be citizens of India, not voluntarily but by the operation of Section 9(1), Section 8(2) does not apply to Pranav." However, the Court left open the possibility for respondent Pranav Srinivasan to apply for Indian citizenship under Section 5(1)(f), which permits individuals who, or whose parents, were earlier citizens of independent India, to apply for citizenship if they are ordinary Indian residents for 12 months before applying. The Court said that it is open for him to seek a relaxation of the residency requirement from the Central Government.Justice Abhay Oka pronounced the decision: “We are not accepting the contentions raised by the respondent in the appeal. We have said that the only remedy for him is to apply for citizenship under Section 5(1)(f).”The Court refused to exercise its extraordinary jurisdiction to grant citizenship to the respondent. "We do not think that this case warrants the exercise of power under Article 142 of the Constitution of India. This Court will have to be very circumspect when it comes to the exercise of power under Article 142 for the grant of citizenship of India to a foreign national."The Union of India had denied the respondent's application under section 8(2). Section 8(2) provides that when a person renounces Indian citizenship, their minor children also lose Indian citizenship. However, such children can regain Indian citizenship by making a declaration within one year of turning 18, stating their wish to resume Indian citizenship.The Madras High Court had dismissed the appeal filed by the Government of India, Ministry of Home Affairs, against Pranav Srinivasan, regarding his claim to resume Indian citizenship under Section 8(2) of the Citizenship Act.FactsSrinivasan's parents, originally Indian citizens, took up Singaporean citizenship in December 1998, after settling there. He was born in Singapore in March 1999, thereby acquiring Singaporean citizenship by birth. Upon reaching the age of majority, Srinivasan made a declaration in May 2017 before the Indian Consulate in New York to resume Indian citizenship under Section 8(2)...

Children Of Those Who Didn't Renounce Indian Citizenship By Making Declaration U/S. 8(1) Of Citizenship Act Before Acquiring Foreign Citizenship Can't Resume Indian Citizenship U/S. 8(2): Supreme Court

Amisha Shrivastava

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