Delhi High Court Rejects NRI Dual Citizenship Petition, Defers Issue To Parliament

The Delhi High Court has rejected a petition seeking dual citizenship for Non-Resident Indians (NRIs). The bench, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, stated that Parliament has the jurisdiction over this matter, not the court.

Pravasi Legal Cell, an organization advocating for NRI rights, filed the petition for dual citizenship. They argued that current Indian law terminates Indian citizenship if a person holds a passport from another country. The petitioner’s lawyer highlighted a recent statement by the Union Foreign Minister suggesting that dual citizenship is a matter for debate.

The bench referenced Article 9 of the Indian Constitution, which states that a person who voluntarily acquires foreign citizenship is no longer an Indian citizen, and Section 9 of the Citizenship Act, which addresses the termination of citizenship. The judges emphasized that it is prohibited for the court to intervene in this matter.

The judges noted that the decision on dual citizenship involves national security considerations and broad implications, which only Parliament can address. They advised raising the issue through Members of Parliament since Parliament is in session. The bench acknowledged the Foreign Minister’s awareness of the issue and allowed the petitioner to withdraw the plea, subsequently dismissing it.

The petition argued that granting dual citizenship would significantly benefit India by encouraging NRIs to contribute to investment, business, tourism, philanthropy, education, and the arts. Last August, the petitioner organization also submitted a representation to authorities seeking similar relief. The petition alternatively sought a direction for authorities to consider this representation.

The Delhi High Court’s decision underscores the constitutional and legal constraints surrounding the issue of dual citizenship, deferring the matter to the legislative domain for any potential resolution.

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