Kerala High Court overturned a single-judge order granting Indian citizenship to two minors of Pakistani origin, stating that renunciation of Pakistani nationality is mandatory. The ruling reinforces that India does not allow dual citizenship under the Citizenship Act, 1955.
Kochi: The Kerala High Court recently overturned a single-judge order that had directed the grant of Indian citizenship to two minors of Pakistani origin in the case of Union of India v XXX & ors.
A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar VM allowed the appeal filed by the Central government against the single judge’s decision, which had permitted granting Indian citizenship to the two minor children without producing a renunciation certificate from Pakistan.
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The Bench clarified that India does not allow dual citizenship. Under Indian law, a foreign national can only be granted Indian citizenship after formally renouncing the nationality of their existing country, and this rule applies equally to 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. 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,” the Court observed.
The Bench further noted that formal renunciation of Pakistani citizenship is essential to maintain legal clarity and prevent overlapping claims of nationality by two countries.
In this matter, the two minors along with their mother had applied for Indian citizenship under Section 5(1)(f) of the Citizenship Act, which deals with the registration of persons of Indian origin or those residing in India for at least 12 months.
Their father, who is currently working in the United Arab Emirates, was originally born in Kerala but had migrated to Pakistan in 1977 with his grandmother and later acquired Pakistani citizenship.
In 2008, the mother and the children returned to India with the Union government’s permission, which was periodically extended, allowing them to continue their stay in the country.
They later applied for Indian citizenship, and during the processing of their applications, the Central government issued an order stating that the minors could only be granted citizenship after producing a certificate of renunciation of their Pakistani nationality.
Challenging this requirement, the mother filed a writ petition in the Kerala High Court. She relied on the ‘No Objection Certificates’ (NOC) issued by the Pakistan High Commission in 2018, which stated that the authorities had no objection to the grant of Indian citizenship to the minors.
A single judge of the High Court had earlier held that the renunciation certificate could not be considered a substantive requirement and was merely a matter of evidence. Consequently, the single judge directed the authorities to grant Indian citizenship to the minors after considering their applications.
However, the Central government challenged this order by filing an appeal.
The Division Bench rejected the single judge’s reasoning and emphasized that, under Section 14A of the Pakistan Citizenship Act, 1951, minors cannot renounce their citizenship independently. Pakistani nationality would cease only after a renunciation certificate is officially issued to them.
The Court noted that surrendering passports or presenting NOCs was not enough, as the renunciation certificate is a substantive legal requirement for acquiring Indian citizenship.
The Court said,
“Even though all necessary formalities might have been completed, as per Section 14A, a Renunciation Certificate is mandatory, and it cannot be waived off stating that the documents produced are sufficient to show that Respondent Nos.2 and 3 have renounced their Pakistani citizenship and, as such, they still continue to be citizens of Pakistan,”
As a result, the Kerala High Court allowed the appeal filed by the Central government and directed that the authorities may reconsider the citizenship applications of the minors if and when the statutory requirements, including the renunciation of Pakistani citizenship, are duly met.
Senior panel counsel Mini Gopinath appeared on behalf of the Central government, while the applicants were represented by advocates M Sasindran. Government pleader Sunil Kumar Kuriakose represented the State.
This decision reinforces the principle that Indian citizenship cannot be granted without the formal renunciation of foreign nationality, underscoring the legal clarity and statutory compliance required for such matters under the Citizenship Act, 1955.
Case Title:
Union of India v XXX & ors
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