A bench led by Acting Chief Justice Manmohan, along with Justice Tushar Rao Gedela, stated that the decision on dual citizenship falls within the jurisdiction of Parliament, not the High Court.
New Delhi: On Wednesday (Jul 31st): The Delhi High Court declined to entertain a public interest litigation seeking dual citizenship for Indians residing abroad.
READ ALSO: Delhi High Court Upholds Citizenship Act over Passport Manual
A bench led by Acting Chief Justice Manmohan, along with Justice Tushar Rao Gedela, stated that the decision on dual citizenship falls within the jurisdiction of Parliament, not the High Court.
“These are matters of national security with wide ramifications. This is not within our domain,”
said the bench.
“It is for Parliament to decide, not us. The court cannot take a decision on this.”
The counsel for the petitioner, Pravasi Legal Cell, argued that the current law does not support dual citizenship, as Indian citizenship is automatically forfeited when a national acquires the passport of another country. However, he pointed out that the Centre recently stated that dual citizenship is still a topic of “alive debate.”
READ ALSO: Supreme Court Questions Centre on Automatic Termination of Indian Citizenship
The petition suggested that granting dual citizenship would result in “appreciable contributions” from the Indian diaspora. However, the court noted that the existing legal framework does not support the petitioner’s plea and refused to issue any directives. Consequently, the court allowed the petitioner to withdraw the PIL.
What is Dual Citizenship?
As per Indian law, dual citizenship is not permitted. The Indian Constitution and the Citizenship Act, 1955, stipulate that an individual must relinquish their Indian citizenship if they acquire the citizenship of another country. This means that Indians cannot hold dual citizenship; once they obtain foreign citizenship, their Indian citizenship is automatically terminated.
However, the Indian government does offer the Overseas Citizen of India (OCI) card, which grants certain privileges and rights to foreign nationals of Indian origin, but it is not equivalent to dual citizenship. OCI cardholders can live and work in India indefinitely and enjoy certain benefits, but they do not have all the rights of Indian citizens, such as voting rights or eligibility for government jobs.