Children of foreign citizens can't resume Indian citizenship: Supreme Court

The Supreme Court of India provided key clarifications regarding provisions related to the acquisition and resumption of Indian citizenship. The judgment addressed the implications of acquiring foreign citizenship and its impact on Indian nationality, with the bench comprising Justice Abhay Oka and Justice Augustine George Masih presiding over the case.

The Court interpreted Section 9 of the Citizenship Act, emphasizing that when an individual acquires foreign citizenship, the termination of their Indian citizenship occurs automatically under the law, rather than being a voluntary renouncement. This cessation by "operation of law" negates the option for their children to apply for Indian citizenship under Section 8(2) of the Citizenship Act, 1955. According to this provision, children of individuals who have voluntarily renounced their Indian citizenship are permitted to seek resumption of Indian nationality within one year of reaching adulthood. However, the Court stated that this opportunity does not extend to the offspring of those who have acquired foreign citizenship, as it is considered an automatic legal consequence rather than a conscious choice.

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The ruling also addressed the scope of Article 8 of the Indian Constitution, which pertains to the rights of individuals of Indian origin residing abroad. The Supreme Court clarified that individuals born outside India after the commencement of the Constitution cannot claim Indian citizenship solely on the basis that their grandparents were born in undivided India before partition.

This judgment came while allowing an appeal by the central government against a decision by the Madras High Court, which had granted citizenship rights under Section 8(2) of the Citizenship Act to a person born as a Singaporean citizen. The respondent sought to reclaim Indian citizenship on the grounds that his parents were originally Indian nationals before acquiring Singaporean citizenship. Additionally, the respondent had asserted entitlement to citizenship under Article 8, citing the birth of his grandparents in pre-independence India.