Citizenship in Bharat: Part 18

 

ection 8: Renunciation of Citizenship

Explanation

Section 8 of the Citizenship Act, 1955, deals with the renunciation of Indian citizenship. It states that:

1. Renunciation Declaration: Any citizen of India of full age and capacity can make a declaration in the prescribed manner to renounce their Indian citizenship. The declaration must be registered by the prescribed authority, and upon such registration, the person ceases to be a citizen of India.

2. War Time: If any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs.

3. Minor Children: Where a person ceases to be a citizen of India under sub-section (1), every minor child of that person shall thereupon cease to be a citizen of India. However, any such child may, within one year after attaining full age, make a declaration in the prescribed form and manner that they wish to resume Indian citizenship and shall thereupon again become a citizen of India.

Relevant Judgments

1. Union of India vs. Pranav Srinivasan (2024): This case involved a Singaporean citizen born to Indian parents who renounced their Indian citizenship in 2012. The Supreme Court ruled that the respondent, born after his parents' renunciation, could not claim the right to resume citizenship under Section 8(2) of the Act. The Court emphasized that the plain language of the Citizenship Act must be followed, and citizenship cannot be conferred on foreign citizens by doing violence to this language.

2. Union of India vs. Bahareh Bakshi (2024): This case involved an Iranian citizen who filed a writ petition seeking the issuance of an OCI Card. The Supreme Court ruled that the physical presence of the estranged spouse is not a mandatory requirement for processing an application for an OCI Card under Section 7A, emphasizing that the requirement was arbitrary and not necessary for verifying the genuineness of the marital status.

These provisions and judgments ensure that the process of renunciation and resumption of Indian citizenship is handled with due process and fairness, protecting the interests of both the individuals and the nation.