“Supreme Court Ruling on Child Citizenship: Implications for Children of Parents Who Acquire Foreign Nationality.”
October 18, 2024 2025-03-01 23:49“Supreme Court Ruling on Child Citizenship: Implications for Children of Parents Who Acquire Foreign Nationality.”
“Supreme Court Ruling on Child Citizenship: Implications for Children of Parents Who Acquire Foreign Nationality.”
By Niyati Dhiman
In a landmark judgment on October 18, the Supreme Court of India clarified key provisions of the Citizenship Act, particularly focusing on the issue of acquiring Indian citizenship and its implications for foreign nationals. The Court addressed the case of Pranav Srinivasan, a Singaporean citizen by birth, who sought to resume his Indian citizenship under Section 8(2) of the Citizenship Act, which allows children of those who voluntarily renounce Indian citizenship to apply for resumption of Indian citizenship within a year of reaching adulthood. The Court ruled that Pranav’s case did not meet the criteria for resumption under this provision since his parents had not voluntarily renounced their Indian citizenship, but rather, it had ceased automatically when they acquired Singaporean citizenship in 1998, in accordance with Section 9(1) of the Act.
The Court further ruled that Pranav was not eligible to seek Indian citizenship under Article 8 of the Constitution, which grants citizenship to persons of Indian origin living outside India if their parents or grandparents were born in India as per the Government of India Act, 1935. The Court rejected the argument that Pranav, based on his grandparents’ birth in undivided India, could claim citizenship under this provision. It emphasized that Article 8 was not meant to apply to individuals born long after independence, noting that such an interpretation would lead to absurd results, allowing people born decades after India’s independence to claim citizenship based solely on their ancestry.
The Court also concluded that Pranav was ineligible for citizenship under Section 5(1)(b) of the Citizenship Act, which permits individuals of Indian origin born outside India to apply for citizenship. This section applies only to individuals or their parents who were born in undivided India, a condition that Pranav did not meet, as both of his parents were born in independent India. The Court underscored that the language of the Citizenship Act is clear and should be interpreted strictly, without consideration for equitable factors.
However, the Court left open the possibility for Pranav to apply for Indian citizenship under Section 5(1)(f), which allows individuals whose parents were once citizens of India to apply for citizenship, provided they meet certain residency requirements. The Court also refused to grant citizenship through its extraordinary powers under Article 142 of the Constitution, emphasizing that the matter of granting citizenship should be dealt with under the existing legal framework rather than through special intervention.
This ruling by the Supreme Court has significant implications for the interpretation of Indian citizenship laws, particularly in cases involving foreign nationals with ancestral ties to India. It reinforces the idea that citizenship cannot be conferred by interpreting the law liberally or by making exceptions outside the established legal provisions.
Case Title: Union of India (UOI) Vs. Pranav Srinivasan
Citation: 2024 INSC 792
