Summary
A Singapore citizen born in 1999, after his Indian-born parents had taken Singapore citizenship, sought Indian citizenship. The Supreme Court held that he could not resume it under Section 8(2) of the Citizenship Act, 1955, because his parents lost citizenship by operation of Section 9(1), not by renunciation. He was not a person of Indian origin under Section 5(1)(b), and Article 8 of the Constitution does not apply to persons born after its commencement. He remains free to apply under Section 5(1)(f), with relaxation under Section 5(1A).
Issues
- Whether Article 8 of the Constitution confers citizenship on a foreign national born after the commencement of the Constitution whose grandparents were born in undivided India.
- Whether a person whose parents were born in independent India after 15 August 1947 is a person of Indian origin under Explanation 2 to Section 5(1) of the Citizenship Act, 1955.
- Whether the respondent could resume Indian citizenship under Section 8(2) when his parents had acquired foreign citizenship before his birth.
- Whether Article 142 should be invoked to grant citizenship.
Provisions considered
- Articles 5 to 11, Constitution of IndiaArticles 5, 6 and 7 concern status at the commencement of the Constitution or migration to and from Pakistan, and did not apply. Articles 10 and 11 make continued citizenship subject to Parliament's law and preserve Parliament's power to regulate acquisition and termination of citizenship. (¶¶ 14, 17)
- Article 8, Constitution of IndiaThe words 'before or after the commencement of this Constitution' qualify the consular representative to whom an application may be made. The phrase 'who is ordinarily residing' outside India as defined in the 1935 Act refers to residence at the commencement of the Constitution. The Article therefore does not extend to a foreign national born later, and reading it otherwise would produce absurd results. (¶¶ 15, 16)
- Section 5(1)(b) and Explanation 2; Section 2(h), Citizenship Act, 1955A person is of Indian origin only if he or either parent was born in undivided India, meaning India as defined in the 1935 Act, or in territory that became part of India after 15.08.1947. The respondent's parents were born in independent India after 1947, which fits neither category, so clause (b) did not apply. (¶ 18)
- Section 9(1), Citizenship Act, 1955An Indian citizen who voluntarily acquires another country's citizenship ceases to be an Indian citizen automatically on acquiring it. The respondent's parents ceased to be Indian citizens on 19.12.1998, when they acquired Singapore citizenship, before his birth. (¶¶ 19, 20)
- Section 8(1) and (2), Citizenship Act, 1955Section 8(2) lets the minor child of a person who renounces citizenship by declaration under Section 8(1) resume it within one year of attaining full age. It does not apply where the parents lost citizenship by operation of Section 9(1), so the parents' later 'renunciation' in 2012 was of no effect and Section 8(2) was unavailable. (¶¶ 2, 20, 23)
- Section 5(1)(f) and Section 5(1A), Citizenship Act, 1955The only remaining route was registration under clause (f), which requires twelve months' ordinary residence in India before applying. Under sub-section (1A) the Central Government may relax that period in special circumstances. Clause (g) was not shown to apply. (¶¶ 22, 25)
- Article 142, Constitution of IndiaThe Court declined to use this extraordinary power to confer citizenship, saying it must be very circumspect before granting Indian citizenship to a foreign national by that route. (¶ 24)
Held
- Article 8 applies only to persons ordinarily residing outside India, as defined in the Government of India Act, 1935, at the commencement of the Constitution. A foreign national born afterwards cannot claim deemed citizenship under it on the ground of a grandparent's birth in undivided India. (¶¶ 15, 16)
- Under Explanation 2 to Section 5(1), 'undivided India' means India as defined in the 1935 Act and cannot be read as India on or after 15.08.1947. A person whose parents were born in independent India is not, for that reason, of Indian origin, so Section 5(1)(b) did not apply. (¶ 18)
- Section 9(1) operates automatically: Indian citizenship ends upon voluntary acquisition of foreign citizenship. Section 8(2) applies only where a parent voluntarily renounced citizenship by declaration under Section 8(1), not where citizenship ceased under Section 9(1). The respondent therefore could not resume citizenship under Section 8(2), and the High Court erred in holding that he had. (¶¶ 19, 20, 23)
- The Citizenship Act is in plain language and must be given its ordinary meaning. Equitable considerations and liberal construction have no place in conferring citizenship on foreign nationals. (¶ 21)
- Article 142 was not invoked. The respondent may still apply under Section 5(1)(f) and seek relaxation of the twelve-month residence requirement under Section 5(1A). (¶¶ 22, 24, 25)
Result
Union of India's civil appeal allowed and the High Court's orders set aside; the respondent's writ petition under Article 32 dismissed; liberty reserved to apply under Section 5(1)(f) of the Citizenship Act, 1955 and to seek relaxation under Section 5(1A).