VidhiSangh

Supreme Court of India · 22/08/2024

UNION OF INDIA versus BAHAREH BAKSHI

[2024] 8 S.C.R. 820 · 2024 INSC 646

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Summary

The Supreme Court held that the High Court had no legal basis to dispense with the physical or virtual presence of the Indian spouse at the interview on an OCI card application by a foreign spouse under Section 7A(1)(d) of the Citizenship Act, 1955. Section 7A(1) allows prescribed conditions and procedures, and the checklist and Visa Manual requiring the interview were never challenged. The Central Government may still consider the estranged applicant's case under Section 7A(3).

Issues

  1. Whether the presence of the Indian citizen spouse is mandatory for processing an application for an Overseas Citizen of India card made by a foreign spouse under Section 7A(1)(d) of the Citizenship Act, 1955.
  2. Whether the checklist and Visa Manual requiring a personal interview of both spouses are valid supplementary procedures although the Act does not itself mandate an interview.
  3. Whether the High Court could dispense with that requirement, or call it arbitrary, when neither the Act, the checklist nor the Visa Manual was challenged.

Provisions considered

Held

Result

Appeals allowed; judgments of the Single Judge and Division Bench of the Delhi High Court set aside; Central Government left free to consider the respondent's case under Section 7A(3) of the Citizenship Act, 1955.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 820.