The Supreme Court clarifies that children of foreign citizens cannot resume Indian citizenship automatically, as acquiring foreign nationality terminates Indian citizenship under the law.
New Delhi:The Supreme Court of India has issued significant clarifications regarding the resumption of Indian citizenship, specifically for children of individuals who have acquired foreign citizenship. In a ruling delivered by Justices Abhay Oka and Augustine George Masih, the Court interpreted Section 9 of the Citizenship Act, emphasizing that Indian citizenship is automatically terminated when an individual obtains citizenship of another country. This automatic cessation negates the possibility for their children to apply for Indian citizenship under Section 8(2) of the Citizenship Act, 1955.Section 8(2) allows children of those who voluntarily renounce Indian citizenship to seek its resumption within one year of reaching adulthood. However, the Supreme Court clarified that this provision does not extend to children whose parents have acquired foreign citizenship, as this is not seen as a voluntary act but a legal consequence that occurs by “operation of law.”The ruling also examined Article 8 of the Indian Constitution, which concerns the rights of individuals of Indian origin living abroad. The Court stated that individuals born outside India after the Constitution’s enactment cannot claim Indian citizenship solely based on their grandparents’ birth in undivided India prior to partition.This judgment arose from an appeal by the central government against a Madras High Court decision that had granted citizenship rights to a person born in Singapore, whose parents were originally Indian nationals. The respondent claimed citizenship based on his grandparents’ Indian heritage, but the Supreme Court upheld the view that citizenship is not automatically granted in such cases.
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