neti1 wrote: ↑Mon Mar 25, 2024 12:26 pm
kihiq2024 wrote: ↑Mon Mar 25, 2024 10:36 am
Scenario looks like applicable for us , as one parent is holding foreign national passport. However, the judgement refers to the section 9 of the citizenship act but not to the Section 8(1).
There is a fundamental difference between section 8 and section 9.
Section 8 - by birth or any other means and we have renounced it
Section 9 - acquired the citizenship by naturalization and terminated it
So not sure MEA or passport officials will give passport for us on that ground.
Thanks,
KIA
Not sure, i think there is/should be distinction
when if full age person had 2 citizenships by some other reason than naturalization (eg: conquest, by birth in diff country... etc) and then that person renounce Indian citizenship. in this case the trigger for termination isn't invoked by voluntary action on behalf of the person... and yet full age person needs to comply with Indian law in order to travel in and out of India so trigger is renunciation.
and another case is
when full age person voluntarily acquires citizenship of another country by naturalization or by applying for passport; in this case the moment voluntary action takes place - person ceases (is terminated) to be Indian citizen so trigger is termination
I don't get 2 things in this.
1. Why full age person who already lost citizenship in section 9 needs to again renounce it ?
2. Why underage child is part of any of this, CA-955 accepts very clearly the possibility of child having multiple citizenships and the fact that within 6 months of attaining full age, person must renounce all other nationalities if that person intends to keep Indian citizenship !
so I don't see point of this enforcement; renunciation certificate is not required for child anyways (since below age 18 person should not be able to renounce citizenship)
It is very stupid or even a very bad way to declare that child isn't fully Indian because one of their parent has been stupid... I mean until 18 years child is as good as every other Indian by Indian constitution itself and should be treated as such !!
( I am not lawyer or hold any legal qualification, above detail is only a personal opinion)
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The full judgement copy of the case mentioned in Time of India article is here:
https://www.livelaw.in/pdf_upload/smp13 ... 530123.pdf
https://indiankanoon.org/doc/102432798/
or here
https://www.casemine.com/judgement/in/6 ... 0018a9b011
Contrary to several posts and opinions, there is a limited dual citizenship provision in Indian Citizenship Act. One can read the entire circular and clarification given by the Union of India regarding dual citizenship in the judgment. In fact, Passport Manual 2016 has a section Chapter 9, Paragraph 5.2 which goes like this...
"5.2 Section 4 of the Indian Citizenship Act stipulates that no birth of children shall be registered
unless the Indian parents of such person declare, in such form and in such manner as may be
prescribed, that the minor does not hold the passport of another country. However, Section 4(1A) of
the Indian Citizenship Act allows a minor child who is a citizen of India by virtue of Section 4 of the Act,
to also hold citizenship of any other country where the child was born, subject to the condition that the
child renounces the foreign citizenship within six months of attaining full age (18 years). In some
countries like Mexico, Mexican citizenship is mandatory for the Indian children born there and they
are required to obtain and possess Mexican passport. In such cases, the parents of children born
abroad should be advised to first register the birth of their children with the Indian Mission/Post and
only afterwards complete the local mandatory procedure for citizenship. The mandatory declaration
by the Indian parents that their child does not hold any foreign passport shall be accepted by the
Missions/Posts in good faith. In any case, in all such countries where foreign citizenship is granted by
birth, the Missions/Posts may insist on renunciation of foreign citizenship and surrender of foreign
passport, if any, before extending any passport service to Indian citizens with dual citizenship when
they reach the age of 18 years."
However, they changed that in passport manual 2020, it was set aside by the High Court in the above judgment.
Regarding Indian citizenship renunciation:
The Union of India is not clearly forthcoming. In fact it is doing illegal job, could mount to a big scam.
Section 9(1) of Citizenship Act says, the moment any Indian citizen, acquires a foreign nationality "voluntarily", he/she ceases to be Indian citizen.
Once Indian citizenship is lost, there nothing to "renounce" again. One cannot renounce a thing that is no longer in existence. Section 8(1) and Section 9(1) are mutually exclusive. Parallel analogies: One cannot be dead by both suicide and murder, one one way. One cannot file for divorce after becoming widow.
Loss of Indian citizenship by Section 9(1), does not affect child's Indian nationality.
Loss of Indian citizenship by Section 8(1), attracts Section 8(2), and the child may loose Indian nationality temporarily and has a right to restore when he/she reaches 18 years of age.
Union of India making it mandatory to "renounce" non-existing Indian citizenship is illogical, and illegal. The side effects of such renunciation: 1. Affecting the minor child's Indian citizenship. 2. Charging US $175 or it's equivalent fee. In case of Section 9(1) there is no fee, no notification, no register, no tracking etc... But for Section 8(1), there is a register to maintain the names, it comes with fee etc... Only logical outcome for Section 8(1) it that person who renounce becomes stateless. According to the records, more than 2 million people "renounced" in last 10 years paying $175 each, in this illegal way. The total amount collected mounts to $350 million, roughly 2,500+ crores of rupees in current exchange rate. Passport surrender after acquiring a foreign citizenship is perfectly valid but it is only Rs. 500, not US $175. Passport and related services such as surrender is through Ministry of External Affairs, while citizenship related issues such as renunciation is done with Ministry of Home Affairs.
Further, there is an Office Memorandum No. VI/401/1/1/2018 which addresses the situation for minor children who were born in India, i.e. citizens of India by birth according to section 3 and whose one or both parents acquired foreign citizenship. The said office memorandum said the minor child looses Indian citizenship only if both parents acquire foreign nationality. If one parent is Indian citizen, the citizenship status of the child depends on the parent's nationality who has the custody of the child. However, that office memorandum was challenged and child continues to have Indian citizenship even if both parents acquire foreign citizenship in that case. Reference:
https://www.casemine.com/judgement/in/6 ... 0dc30b2ebc
I hope someone will challenge the renunciation BS..
(I am no lawyer, this is not a legal opinion, please seek professional legal opinion before acting)
