LI Network
Published on: October 10, 2023 at 14:42 IST
The Supreme Court of India has taken notice of a petition challenging the constitutionality of provisions within the Citizenship Act, 1955.
The plea, filed by Professor Tarunabh Khaitan, a Constitutional scholar and the Public Law Chair at the London School of Economics, questions the automatic termination of Indian citizenship upon acquiring citizenship from another country.
A bench comprising Justice AS Bopanna and Justice MM Sundresh issued notice in response to Khaitan’s petition and tagged it along with related matters.
Khaitan’s petition specifically targets the constitutionality of Section 9(1), the second proviso to Section 4(1), and Section 4(1A) of the Citizenship Act, 1955.
These provisions trigger the involuntary and automatic termination of Indian citizenship when an individual acquires citizenship in another country.
The core argument of the petition is that the involuntary termination of citizenship not only violates the Indian constitutional ethos but also contravenes international law. Such termination essentially deprives individuals of the “right to have rights,” resembling a form of exile.
It places India in the company of nations with stringent and automatic citizenship loss provisions, which is seen as inherently illiberal.
It’s essential to note that Khaitan’s petition does not seek a blanket acceptance of dual citizenship. Instead, it challenges the involuntary termination of citizenship under the contested provisions, as this forces individuals to make a difficult choice between their country of birth and their adopted homeland.
Furthermore, the petitioner asserts that the benefits offered by an ‘Overseas Citizen of India Cardholder’ status, which he would become eligible for after losing his Indian citizenship, are not comparable to full citizenship rights.
In a compelling disclosure, Khaitan informed the Court that he has been eligible to apply for British Citizenship since 2013 but refrained from doing so to avoid the termination of his Indian Citizenship.
Additionally, under Section 4(1) and Section 4(1A) of the Citizenship Act, 1955, his future children would be compelled to choose between their Indian Citizenship by descent and their British Citizenship by birth and descent, given that his wife is a British Citizen.
This legal challenge has been filed under the case title: “Tarunabh Khaitan V Union of India WP(C) No. 1074/2023” and could have far-reaching implications on the issue of citizenship rights and automatic termination based on acquiring another citizenship.