The Kerala High Court allowed a writ appeal filed by the Union of India and set aside the Single Judge’s order which had granted Indian citizenship to two minors without requiring a Renunciation Certificate from the Government of Pakistan.
The case arose from a writ petition filed by the mother of the minors (Respondent No. 1), who contended that since the Pakistani Government had issued a No Objection Certificate (NOC) permitting renunciation, her children should be granted Indian citizenship. She argued that as per Pakistani law, a formal Renunciation Certificate could only be issued once a person attained the age of 21 years.
The Union of India, however, argued that under the Citizenship Act, 1955, submission of a Renunciation Certificate is a mandatory requirement for all applicants, irrespective of age. It was further submitted that Indian law does not recognise dual citizenship, and mere possession of passports or ancillary documents cannot substitute the formal process of renunciation.
The Division Bench observed that under Section 14A of the Pakistan Citizenship Act, 1951, minors cannot renounce Pakistani citizenship on their own, and until a Renunciation Certificate is furnished, Indian citizenship cannot be conferred. The Court held that the requirement is substantive and not a matter of procedure or evidence.While allowing the Union’s appeal, the Court clarified that the dismissal of the writ petition does not preclude the authorities from considering the children’s applications for Indian citizenship in the future, provided all statutory requirements, including submission of the Renunciation Certificate, are duly fulfilled.Formal renunciation of Pakistani citizenship through a valid Renunciation Certificate is a prerequisite for grant of Indian citizenship. Indian nationality cannot be conferred merely on the basis of passports, NOCs, or other documents.
Appearances:
For the Appellants- Adv. Smt. Mini Gopinath Senior Panel Counsel
For the Respondents – Advs – Shri M.Sasinrdan & Sru Sunil Kumar Kuriakose, GP
