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M. S. KARNIK, VALMIKI MENEZES
Chrisella Valanka Kushi Raj Naidu – Appellant
Versus
Ministry of External Affairs, through the Secretary, New Delhi – Respondent
JUDGMENT :
M.S. KARNIK, J.
1. Heard Mr. Abhijeet Kamat for the petitioner and Mr. Raviraj Chodankar, learned Standing Counsel for Central Government.
2. Rule. Rule is made returnable forthwith. With the consent of the parties the petition is heard and finally disposed of at the stage of admission.
3. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner prays for quashing the decision of the respondent no. 2 communicated by letter dated 05.08.2020 holding that the petitioner is not eligible for a passport. The facts of the case in brief are as under.
4. The petitioner is a minor child aged about 16 years. This petition is filed through her natural guardian/mother. By the order of the Civil Court the mother has been granted permanent custody of the petitioner until she attains majority. The respondents held that the petitioner is not eligible for the Indian passport since she is “single parent minor child and the physical custody is with the parent who is a foreign national” and therefore not eligible for an Indian passport.
5. The petitioner was born on 27.10.2007 in Margao, Goa, India. The parents of the petitioner were both Indian citize
A minor's citizenship by birth is not affected by a parent's foreign nationality, ensuring the child's right to an Indian passport.
The court affirmed that obtaining a passport from another country conclusively proves voluntary acquisition of its citizenship, terminating Indian citizenship under the Citizenship Act.
None of the parties could bring to the notice of this Court any legal prohibition in incorporating the name of a non-citizen as the legal guardian in the passport of a minor child.
A Stateless child is an individual who does not hold citizenship of any State.
Section 5(1)(d) of Act mandates that both parents are required to be Indian citizens for purpose of grant of citizenship to minors.
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.
The right to travel abroad is a fundamental right under Article 21, and adverse police verification does not automatically disqualify passport issuance.
Misrepresentation in citizenship applications undermines public trust, especially for elected officials, and can lead to deprivation of citizenship under the Citizenship Act.
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