Source: Bombay High Court  

Why in News? 

The Bombay High Court in Goa ruled that a child cannot be denied Indian citizenship or a passport simply because they live with a single parent who is a foreign national. The court found that the child's Indian citizenship, acquired by birth, remains valid despite the parent’s change in nationality. This decision overturned the Indian High Commission's refusal to renew the child's passport. 

• Justices Makarand Karnik and Justices Valmiki SA Menezes held in  Chrisella Valanka Kushi Raj Naidu v. Ministry of External Affairs . 

What was the Background of Chrisella Valanka Kushi Raj Naidu v. Ministry of External Affairs ? 

• The petitioner, Chrisella Valanka Kushi Raj Naidu, was born in Goa, India on 27th October 2007, to Indian citizen parents. 
• When the petitioner was about 3 years old, her father abandoned her and her mother. 
• The petitioner's mother filed for divorce, which was granted by a court order in 2019. 
• In 2015, the petitioner's mother registered her birth in Portugal and acquired Portuguese citizenship due to employment opportunities abroad. 
• The petitioner and her mother moved to the United Kingdom, where the mother worked and the petitioner attended school. 
• The petitioner was issued an Indian passport in 2014, valid until 2nd December, 2019. 
• In 2019, the petitioner's mother applied for renewal of the petitioner's Indian passport with the Indian High Commission in the UK. 
• On 5^th August 2020, the Indian High Commission refused to renew the passport, stating that the petitioner was not eligible as she was a single-parent minor child with physical custody granted to a parent who is a foreign national. 
• The petitioner, through her mother as natural guardian, filed a writ petition in the Bombay High Court challenging the Indian High Commission's decision. 
• The case raised questions about the citizenship status of a minor child born in India to Indian parents, where one parent later acquired foreign citizenship and has sole custody of the child. 

What were the Court’s Observations? 

• The court held that under Section 3(1)(c) of the Citizenship Act, 1955, the petitioner acquired Indian citizenship by birth, as she was born in India after the commencement of the Citizenship (Amendment) Act, 2003, to parents who were Indian citizens at the time of her birth. 
• The bench observed that the petitioner's Indian citizenship has not been terminated or ceased under Sections 8, 9, or 10 of the Citizenship Act, 1955, and mere custody with a parent who has acquired foreign citizenship does not lead to termination of the child's Indian citizenship. 
• The court noted that Section 9 of the Citizenship Act, which deals with termination of citizenship due to voluntary acquisition of foreign citizenship, does not contain any provision for termination of citizenship of minors whose parents have acquired foreign citizenship. 
• The bench found that the Office Memorandum dated 31st July, 2024, relied upon by the respondents, actually supports the petitioner's case, as it clarifies that the citizenship of minor children is not affected if a parent voluntarily acquires citizenship of another country. 
• The court held that the Passport Officer's refusal to issue a passport was not sustainable under Section 6 of the Passports Act, 1967, as none of the specified grounds for refusal were applicable in the petitioner's case. 
• The judges emphasized that a child cannot be rendered stateless, and the acquisition of foreign nationality by the petitioner's mother does not affect the citizenship status of the petitioner who acquired Indian citizenship by birth. 

What are the Constitutional Provisions Concerning Citizenship in India? 

About: 

• Part II of the Constitution of India,1950 comprising Articles 5-11, governs the concept of citizenship. 
• The Parliament of India has exclusive authority over citizenship matters, as it falls under the Union List in the Seventh Schedule. 
• The constitutional provisions on citizenship primarily identify persons who became citizens of India at the commencement of the Constitution on 26^th January , 1950. 
• The Constitution does not provide comprehensive or permanent provisions regarding the acquisition or loss of citizenship subsequent to its commencement. 
• Article 11 states the Parliament to enact legislation to regulate citizenship matters not explicitly covered in the Constitution. 
• Pursuant to this constitutional mandate, the Parliament enacted the Citizenship Act, 1955, which has been subject to amendments over time. 
• The Citizenship Act, 1955, and its subsequent amendments, provide the legal framework for matters relating to the acquisition, termination, and regulation of Indian citizenship. 
• The constitutional provisions on citizenship are not exhaustive and rely on parliamentary legislation for comprehensive citizenship laws. 

Legal Provision

What is the Citizenship Act, 1955? 

About: 

• Citizenship rights in India were established upon the nation's independence in 1947. 
• Prior to independence, the British rule did not confer citizenship rights to Indians. 
• The British Citizenship and Alien Rights Act of 1914, applicable during the pre-independence era, was repealed in 1948. 
• Under the British Nationality Act, Indians were classified as British subjects without citizenship rights. 
• The partition of India in 1947 led to significant population movements across the newly established borders between India and Pakistan. 
• Individuals were granted the right to choose their country of residence and acquire citizenship thereof. 
• The Constituent Assembly of India, considering these circumstances, limited the scope of citizenship provisions in the Constitution to address the immediate need of determining citizenship status for migrants. 
• The Citizenship Act, enacted by Parliament in 1955, established specific provisions for citizenship requirements and eligibility. 
• The Citizenship Act, 1955 governs the acquisition and termination of citizenship after the commencement of the Constitution. 
• Initially, the Citizenship Act, 1955 included provisions for Commonwealth Citizenship. 
• The Citizenship (Amendment) Act, 2003 repealed the provisions related to Commonwealth Citizenship from the original Citizenship Act, 1955. 
• The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent, registration, naturalisation and incorporation of territory. 
• The Act does not provide for dual citizenship or dual nationality.  
• It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration, naturalisation and territorial incorporation.  
• The act has been amended four times in 1986, 1992, 2003, 2005, 2015 and 2019. Through these amendments, Parliament narrowed down the wider and universal principles of citizenship based on birth.  
• Moreover, the Foreigners Act places a heavy burden on the individual to prove that he/she is not a foreigner. 

Acquistion of Indian Citizenship

• By Birth  
  • Section 3 deals with who is considered a citizen of India by birth: 
    • Anyone born in India between January 26, 1950 and July 1, 1987 
    • Anyone born in India between July 1, 1987 and December 3, 2004, if at least one parent was an Indian citizen 
    • Anyone born in India on or after December 3, 2004, if both parents are Indian citizens or one parent is an Indian citizen and the other is not an illegal migrant 
• By Descent : 
  • Section 4 covers citizenship by descent: 
  • A person born outside India on or after January 26, 1950 can be a citizen by descent if their father was an Indian citizen at the time of birth 
  • For those born on or after December 10, 1992, either parent being an Indian citizen is sufficient 
• By Registration: 
  • Section 5 allows for citizenship by registration for certain categories of people, including those of Indian origin, spouses of Indian citizens, and minor children of Indian citizens. 
• By Naturalisation: 
  • Section 6 provides for citizenship by naturalization for foreigners who have resided in India for 12 years. 
  • Section 6A contains special provisions for citizenship of persons covered by the Assam Accord. 
  • Section 6B (added in 2019) provides a path to citizenship for certain persecuted minorities from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014. 
• By Incorporation of Territory 
  • If the country adds an extra territory under its sovereignty, then the people of that nation will become citizens of India.   
  • India succeeded the territory of Goa and Daman & Diu from Portuguese hence, anyone who or one of whose parents/grandparents was born before the 20th December 1961, in the territories now comprised in the union territory of Goa, Daman, and Diu, shall be deemed to have become a citizen of India on that day under Goa, Daman, and Diu (Citizenship) Order, 1962.   
  • Sections 7A-7D cover Overseas Citizenship of India, including eligibility, rights, and cancellation provisions. 

How Indian Citizenship Can be Revoked?  

• Renunciation of Citizenship 
  • Section 8 allows for voluntary renunciation of Indian citizenship. 
  • An individual who renounces their Indian citizenship for the purpose of acquiring citizenship of another country shall cease to be a citizen of India.  
  • Upon the renunciation of citizenship by a father, his minor children shall also lose their Indian citizenship.  
  • A minor child who has lost Indian citizenship under these circumstances may reclaim said citizenship within one year of attaining majority. 
• Termination of Citizenship 
  • Section 9 states that Indian citizenship is automatically terminated upon acquiring citizenship of another country. 
  • The Government of India is vested with the authority to terminate the citizenship of any Indian citizen who voluntarily acquires citizenship of a foreign country.  
  • Bhagwati Prasad v. Rajeev Gandhi (1986) 
    • The court held that the power to adjudicate issues pertaining to Section 9 of the Act is vested in the Central Government, not the High Court. 
  • The ratio decidendi established in Bhagwati Prasad v. Rajeev Gandhi (1986) was subsequently affirmed in Madhya Pradesh v. Peer Mohd. & Anr. (1963) and Hari Shankar v. Sonia Gandhi (2001) with respect to the interpretation and application of Section 9 of the Act. 
• Deprivation of Citizenship  
  • Section 10 states conditions under which the government can deprive a person of Indian citizenship. 
  • The Government of India is empowered to deprive any person of their Indian citizenship if said citizenship was obtained through:  
    • Registration;  
    • Naturalization; or 
    • Application of Article 5(c) of the Constitution of India.  
  • Article 5(c) of the Constitution of India pertains to citizenship at the commencement of the Constitution for individuals domiciled in India who have been ordinarily resident in India for not less than five years immediately preceding such commencement. 

What are the Amendments made in Citizenship Law?