Both Adult & Minor Citizens Of Another Country Must Formally Renounce That Citizenship To Get Indian Citizenship: Kerala HC
|The Kerala High Court set aside the order granting Indian Citizenship to minors of Pakistani origin without renunciation certificate.
The Kerala High Court held that unless the minors renounce the citizenship of Pakistan, the Citizenship Act 1955 does not grant citizenship to persons who are already citizens of another country, be it a major or a minor.
The Bench of Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M observed, “If they are already a citizen of another country, they must formally renounce that citizenship…Unless they renounce the citizenship of Pakistan, the Citizenship Act 1955 does not grant citizenship to persons who are already citizens of another country, be it a major or a minor. The Citizenship Act of 1955 in India does not allow for dual citizenship. The laws do not make exceptions based on age (major or minor) or circumstance. For a person to be considered a citizen of India, they must be recognized as such by the Indian state alone, without any competing claims from another country's government. The formal renunciation process is the mechanism that ensures this legal clarity.”
Advocate Mini Gopinath represented the Petitioner, while Advocate M. Sasindran represented the Respondents.
Case Brief
An Appeal was filed by the Union of India against the order of the High Court allowing the petition seeking grant citizenship for the Respondents (minor children) without insisting for renunciation certificate.
The father of the Respondent children was born in India and later went to Pakistan with his grandmother in 1977. However, in 2008, the father along with his family moved to India based on the permission granted by the Indian Government to stay in India initially for a specific time frame, and thereafter, the said period has been extended from time to time.
The Respondent children along with their mother filed applications for Indian Citizenship, but, the same cannot be granted without the Renunciation Certificate issued by the Pakistani Government.
It was the contention of the Union of India that as per the Pakistan Citizenship Act only an individual above the age of 21 can apply for his/her renunciation of citizenship of Pakistan, by virtue of which his/her minor children below the age of 21 residing outside Pakistan will cease to be citizens of Pakistan. It was categorically indicated that minor children cannot renounce citizenship of Pakistan by themselves.
It was also contended that if the law in Pakistan, does not permit renunciation of citizenship by minors up to a certain age, the law of India cannot not permit the grant of citizenship to such persons.
Court’s Observation
The Kerala High Court noted that for an individual to become a citizen of India, they must meet certain conditions. If they are already a citizen of another country, they must formally renounce that citizenship. This applies to both adults and minors.
“Unless they renounce the citizenship of Pakistan, the Citizenship Act 1955 does not grant citizenship to persons who are already citizens of another country, be it a major or a minor. The Citizenship Act of 1955 in India does not allow for dual citizenship. The laws do not make exceptions based on age (major or minor) or circumstance”, the Court observed.
The High Court was also of the opinion that formal renunciation process is the mechanism that ensures this legal clarity.
Cause Title: Union of India V. Rasheeda Bano (Neutral Citation: 2025:KER:63835)