Delhi High Court has clarified the legal standings regarding the issuance of passports to minors with dual citizenship. Justice Subramaniam Prasad recently passed an order that reiterates the supremacy of the Citizenship Act of 1955 over the Passport Manual of 2020.
The Delhi High Court has clarified the legal standings regarding the issuance of passports to minors with dual citizenship. Justice Subramaniam Prasad recently passed an order that reiterates the supremacy of the Citizenship Act of 1955 over the Passport Manual of 2020, emphasizing that primary legislation will always supersede subordinate legislation.
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This significant legal clarification came as a result of a plea submitted by two minor children born to Indian parents in the US. The minors faced challenges when the authorities decided to revoke their Indian passports and denied reissuing them. The heart of the matter was the conflicting citizenship status owing to the parents’ different nationalities; the father retained his Indian citizenship, while the mother acquired US citizenship, as per Section 9 of the Citizenship Act.
The High Court’s ruling favored the children, affirming their eligibility under Section 4(1)(A) of the Citizenship Act. This particular section mandates that a minor, who possesses citizenship in India and another country, must choose between the two within six months of reaching adulthood to continue holding Indian citizenship.
Justice Prasad’s verdict shed light on a government circular from February 2011, which acknowledges the right of minors to hold dual citizenship until they reach the age of majority, at which point they must make a decision to renounce one. This circular, the court noted, aligns with the minors’ entitlement to an Indian passport and the choice to forgo foreign nationality to maintain their Indian one.
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However, the court found a discrepancy in the authorities’ stance, which was based on the Passport Manual of 2020. According to the rules stated in the manual, an Indian citizen, irrespective of being a minor or adult, is prohibited from holding both an Indian and a foreign passport concurrently. The High Court highlighted that this position directly conflicts with the provisions of the Citizenship Act.
In the judgment, the court remarked,
“Clearly, the Passport Manual is at variance with Section 4 of the Citizenship Act, which will undoubtedly prevail over the Passport Manual. It is clear that the subordinate legislation cannot override the parent legislation.”
This assertion reiterates the supremacy of the Citizenship Act and underscores the legal framework within which citizenship and passport issues should be considered.
The outcome of this legal discourse was the court’s decision to instruct the issuance of Indian passports to the children, removing any legal barriers previously posed by the revocation decision. This ruling not only provides relief to the involved family but also sets a precedent regarding the interpretation and application of laws governing citizenship and passport issuance in India.
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