Renunciation Certificate Under Pakistan Citizenship Act Is Mandatory For Indian Citizenship; NOC Insufficient: Kerala High Court - 2025-08-23

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Renunciation Certificate is a Mandatory Requirement for Indian Citizenship, Cannot Be Waived: Kerala High Court

ERNAKULAM: The Kerala High Court has overturned a single judge's decision, ruling that a formal Renunciation Certificate is a mandatory, substantive requirement for granting Indian citizenship and cannot be substituted by a 'No Objection Certificate' (NOC) from a foreign embassy. A division bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. allowed an appeal filed by the Union of India, emphasizing that Indian law does not permit dual citizenship.

Case Background

The case involved Rasheeda Bano and her two minor children, who held Pakistani citizenship. The children's father, Mohammed Maroof, was born in India but migrated to Pakistan in 1977, later acquiring Pakistani citizenship. The family moved to India in 2008 on a government-permitted stay, which was extended over time.

The mother and her two children applied for Indian citizenship under Section 5 (1)(f) of the CITIZENSHIP ACT , 1955. The Government of India agreed to grant citizenship to the two minor children, subject to the submission of several documents, including a crucial Renunciation Certificate from the Pakistani government, as evidence of them giving up their Pakistani citizenship.

The family could not produce this certificate, as Pakistani law reportedly does not allow minors to renounce their citizenship independently. Instead, they submitted 'No Objection Certificates' (NOCs) from the Pakistan High Commission. When the Indian authorities insisted on the renunciation certificate, the family filed a writ petition, which a single judge allowed, directing the government to grant citizenship without insisting on the certificate. The Union of India challenged this decision in the present appeal.

Arguments in Court

Appellant's Submissions (Union of India): The counsel for the Union of India argued that Section 14A of the PAKISTAN CITIZENSHIP ACT , 1951, governs the renunciation process. It was contended that since Indian law strictly prohibits dual citizenship, a formal renunciation is non-negotiable. The appellant stressed that if Pakistani law does not permit minors to renounce their citizenship, then Indian law cannot grant them citizenship until that legal requirement is met. Mere surrender of a passport or obtaining an NOC was argued to be insufficient proof of renunciation.

Respondent's Submissions (The Family): The family's counsel argued that they had complied with all other formalities. They explained that obtaining a Renunciation Certificate was impossible because Pakistani law only allows renunciation after the age of 21. Furthermore, the Pakistan High Commission had issued NOCs, indicating no objection to the children being granted Indian nationality. They supported the single judge's view that the certificate was merely a rule of evidence, not a substantive requirement, and that the NOCs should suffice.

Court's Analysis and Ruling

The division bench sided with the Union of India, holding that the requirement of a formal renunciation is a fundamental precondition for acquiring Indian citizenship. The court reasoned that for an individual to become an Indian citizen, they must be recognized as such by the Indian state alone, without any competing claims of nationality from another country.

In its analysis, the bench observed: > "Unless they renounce the citizenship of Pakistan, the CITIZENSHIP ACT 1955 does not grant citizenship to persons who are already citizens of another country, be it a major or a minor. The CITIZENSHIP ACT of 1955 in India does not allow for dual citizenship... The formal renunciation process is the mechanism that ensures this legal clarity."

The court concluded that the single judge had erred in treating the Renunciation Certificate as a mere "Rule of Evidence." It was deemed a substantive requirement flowing directly from the statutory prohibition of dual citizenship.

Final Decision

Setting aside the single judge's order dated 23.07.2024, the High Court allowed the Union of India's appeal. The judgment clarifies that the respondents cannot be granted Indian citizenship without complying with the renunciation process stipulated by Pakistani law.

However, the court added a crucial clarification, stating that its decision would not prevent the authorities from reconsidering the family's application if and when they fulfill all necessary requirements, including the submission of the Renunciation Certificate in the future.