Supreme Court Clarifies Rules On Citizenship Resumption And Foreign Nationality

In a significant ruling, the Supreme Court of India has provided key clarifications regarding the rules on citizenship resumption, particularly in cases involving individuals who have obtained foreign citizenship. A bench comprising Justice Abhay Oka and Justice Augustine George Masih presided over the case. This interprets the provisions of the Citizenship Act.

The Court highlighted that under Section 9 of the Citizenship Act, the termination of Indian citizenship occurs automatically. This is when a person acquires foreign nationality. This loss of citizenship is not a voluntary renunciation but rather a consequence by “operation of law.” As a result, the Court ruled that children of such individuals cannot apply for the resumption of Indian citizenship under Section 8(2) of the Citizenship Act, 1955. This provision only applies to those whose parents voluntarily renounced their Indian citizenship. Hence, allowing their offspring to seek resumption of nationality within one year of reaching adulthood. However, this right does not extend to children of individuals who lose citizenship through automatic cessation.

The judgement also addressed the scope of Article 8 of the Indian Constitution. This relates to the rights of persons of Indian origin residing abroad. The Court clarified that individuals born outside India after the Constitution’s commencement cannot claim Indian citizenship. It is solely because their grandparents were born in undivided India before partition.

The ruling through clarifying rules on citizenship resumption came in response to an appeal by the central government. It was against a Madras High Court decision that had granted citizenship rights under Section 8(2) to a Singapore-born individual. The respondent, whose parents were originally Indian nationals before acquiring Singaporean citizenship, sought to reclaim Indian nationality. He also argued for citizenship under Article 8, citing his grandparents’ birth in pre-independence India. However, the Supreme Court rejected these claims, upholding the central government’s appeal.

This ruling has reaffirmed the strict legal framework governing the acquisition and resumption of Indian citizenship in cases of foreign nationality.