Supreme Court Ruling: Children of Those Who Acquired Foreign Citizenship Cannot Resume Indian Citizenship Under Section 8(2)

On October 18, the Supreme Court of India delivered a significant ruling clarifying important aspects of Indian citizenship laws. The case in question revolved around the denial of Indian citizenship resumption to the son of former Indian citizens who had acquired foreign citizenship.

Key Points of the Judgment

The Court illuminated that once a person acquires foreign citizenship, Indian citizenship is automatically terminated under Section 9 of the Citizenship Act. This section states:

“A person’s citizenship can be terminated if they voluntarily acquire the citizenship of another country. This includes cases where a person voluntarily applies for the citizenship of a foreign country.”

A Bench consisting of Justice Abhay S. Oka and Justice Augustine George Masih, while adjudicating the case Union of India v. Pranav Srinivasan, emphasized that the parents of the respondent had ceased to be Indian citizens in 1998 when they voluntarily acquired Singaporean citizenship. This automatic cessation of citizenship occurred under Section 9(1) of the Citizenship Act, without the need for a formal renunciation under Section 8(1).

The Case Background

The respondent, Pranav Srinivasan, was born in Singapore to Indian parents who had voluntarily acquired Singaporean citizenship before his birth. Although his grandparents were born in undivided India, his parents were born in post-independence India. In 2012, following Pranav’s birth, his parents renounced their Indian citizenship.

Upon reaching adulthood, Pranav applied for the resumption of Indian citizenship under Form XXV as per Rule 24 of the Citizenship Rules, 2009. However, the Ministry of Home Affairs (MHA) rejected his application and advised him to apply under other relevant sections of the Citizenship Act. This decision was challenged in the High Court, where Pranav initially succeeded, but the Union of India appealed to the Supreme Court.

The Court’s Interpretation

The crux of the Supreme Court’s ruling rested on the interpretation of Section 8(2) of the Citizenship Act, which governs the conditions under which a person who acquired Indian citizenship by registration can lose that citizenship if they reside outside India for a continuous period of seven years.

The Court noted that since Pranav’s parents had ceased to be Indian citizens by operation of Section 9(1), Section 8(2) could not apply to Pranav. The Bench further explained:

“We cannot read something into the provision that isn’t there, especially when the law is clear and unambiguous. Section 8(2) does not assist Pranav in this case, as his parents had already lost Indian citizenship by virtue of Section 9(1).”

Conclusion

In light of these findings, the Supreme Court allowed the Union of India’s appeal, ruling that Pranav could not resume Indian citizenship under Section 8(2), as his parents’ Indian citizenship had been automatically terminated when they acquired foreign citizenship. This judgment serves as a critical precedent for individuals seeking to regain Indian citizenship after their parents have acquired foreign nationality.

This ruling underscores the importance of understanding the provisions of the Citizenship Act and how foreign citizenship can impact future generations in terms of their ability to claim Indian citizenship.