DIASPORA

Delhi HC refuses to entertain PIL for dual citizenship for Indians abroad

Thursday, 01 Aug, 2024
The Delhi High Court said the issue has to be taken up by the Parliament.(Photo courtesy: delhihighcourt.nic.in)

The plea said that the grant of dual citizenship would create “appreciable contributions” from the Indian diaspora.

New Delhi: The Delhi High Court has refused to entertain a public interest litigation seeking dual citizenship for Indians abroad. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that the issue falls within the domain of the Parliament and it is not for the court to decide or pass directions on it.

"These are matters of national security. It has wide ramifications. This is not in our domain. It is for the Parliament and not for us. Court can't take a decision on this," the bench said. The counsel for the petitioner 'Pravasi Legal Cell' submitted the present law does not support dual citizenship as Indian citizenship is automatically forfeited once a national acquires the passport of another country. He also submitted that recently, the Union External Affairs Minister said that dual citizenship is an "alive debate.”

According to Live Law, the plea stated that the grant of dual citizenship will create “appreciable contributions” from the diaspora towards investment, trade, tourism, philanthropic activities, education, and art in India. The bench remarked that its hands are tied by virtue of Article 9 (Persons voluntarily acquiring citizenship of a foreign State not to be citizens) of the Constitution of India as well as Section 9 (Termination of citizenship) of the Citizenship Act, Live Law reported. Accordingly, the plea was dismissed as withdrawn.