Gujarat HC Directs Passport Authority to Decide Application Based on 'Citizenship by Descent' Claim Under S.4(b) of Citizenship Act Within Two Weeks - 2025-09-09

Gujarat High Court Orders Passport Authority to Decide on Citizenship by Descent Claim in Two Weeks

Ahmedabad: In a significant directive concerning citizenship rights, the Gujarat High Court has ordered the Passport Authority to adjudicate a pending passport application within a strict two-week timeframe. The court, presided over by Honourable Mr. Justice Niral R. Mehta , emphasized that the authority must consider the petitioner's claim of being an Indian citizen by descent under the Citizenship Act, 1955.

The order was passed in the case of Dolly Khilankumar Vadalia Nee Dolly Ketan Barai vs. Union of India .

Background of the Case

The petitioner, Ms. Dolly Khilankumar Vadalia, had approached the High Court through a Special Civil Application (No. 9457 of 2025) due to a delay in the processing of her passport application (No. AH4060851007025). The core issue revolved around her claim to Indian citizenship, which forms the basis for her eligibility for an Indian passport.

Petitioner's Argument

Represented by learned advocate Mr. S. P. Majmudar, the petitioner submitted that she would re-approach the Passport Authority to press her case. The central argument hinged on the provisions of Section 4(b) of the Citizenship Act, 1955 , which deals with acquiring citizenship by descent.

The petitioner's counsel stated their intention to apprise the authority that Ms. Vadalia is already an Indian citizen by virtue of this provision. They requested that the documents submitted, including the passports and birth certificates of her parents and husband, be verified specifically in the context of her claim to citizenship by descent.

The Court's Directive

Justice Niral R. Mehta, after considering the submissions, issued a clear and time-bound directive. The court's oral order stated:

"Let the petitioner to approach the authority within one week from today, and if any such application is filed, the passport officer is hereby directed to decide the same keeping in mind the provisions of the Citizenship Act, 1955, and the Passport Act, 1967, within a period of two weeks thereafter."

This order effectively sets a three-week timeline for the resolution of the immediate issue: one week for the petitioner to file a fresh representation and two weeks for the Passport Authority to make a decision.

Final Decision and Implications

The High Court has directed the Passport Authority to not only make a decision but also to place that decision on the record of the Court. The matter has been scheduled for a follow-up hearing on October 7, 2025 , to ensure compliance with the court's order.

This ruling underscores the judiciary's role in ensuring that administrative authorities act expeditiously and in accordance with statutory provisions, particularly in matters concerning fundamental rights like citizenship and the right to travel. The decision mandates a focused review of the petitioner's claim under the specific lens of the Citizenship Act, ensuring that her application is not held up on procedural grounds without due consideration of the substantive law.