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ABHAY S OKA, AUGUSTINE GEORGE MASIH
Union of India – Appellant
Versus
Pranav Srinivasan – Respondent
JUDGMENT
ABHAY S. OKA, J.
1. The issue involved in these cases concerns the grant of Indian citizenship to Pranav Srinivasan, the respondent in the civil appeal and petitioner in the writ petition.
FACTUAL ASPECTS
2. A few factual aspects must be set out to appreciate the factual and legal controversy. The paternal grandparents of Pranav were born in India before independence. Pranav’s father and mother were born in India in 1963 and 1972, respectively. On 19th December 1998, Pranav’s parents adopted citizenship of Singapore. On 1st March 1999, Pranav was born in Singapore as a citizen of Singapore. According to the case of Pranav, on 20th April 2012, his parents renounced their Indian citizenship. On 5th May 2017, when Pranav was eighteen years, two months and four days old, he submitted an application in Form XXV specified under Rule 24 of the Citizenship Rules, 2009, read with sub-section (2) of Section 8 of the Citizenship Act, 1955 (for short, ‘the 1955 Act’) for resumption of his Indian citizenship.
3. Earlier, Pranav filed a writ petition before the High Court of Judicature at Madras as his application in Form XXV was not considered. Ultimately, it was revealed that Pranav had no
(1) Indian citizenship – Power under Article 142 of Constitution cannot be invoked for grant of citizenship of India to a foreign national.(2) Citizenship of India cannot be conferred on foreign citi....
The court affirmed that obtaining a passport from another country conclusively proves voluntary acquisition of its citizenship, terminating Indian citizenship under the Citizenship Act.
A minor's citizenship by birth is not affected by a parent's foreign nationality, ensuring the child's right to an Indian passport.
A Stateless child is an individual who does not hold citizenship of any State.
Individuals born in India between January 26, 1950, and July 1, 1987, are Indian citizens by birth and entitled to a passport, regardless of their parents' nationality or refugee status.
Misrepresentation in citizenship applications undermines public trust, especially for elected officials, and can lead to deprivation of citizenship under the Citizenship Act.
Section 5(1)(d) of Act mandates that both parents are required to be Indian citizens for purpose of grant of citizenship to minors.
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