Citizenship of Bharat: Part 19

 

Section 9: Termination of Citizenship

Explanation

Section 9 of the Citizenship Act, 1955, deals with the termination of Indian citizenship. It states that:

1. Voluntary Acquisition of Another Citizenship: Any citizen of India who voluntarily acquires the citizenship of another country shall cease to be a citizen of India from the date of such acquisition.

2. Exception During War: This provision does not apply to citizens who acquire another citizenship during any war in which India is engaged, until the Central Government directs otherwise.

3. Determination by Authority: If any question arises as to whether, when, or how a citizen of India has acquired the citizenship of another country, it shall be determined by the prescribed authority in the prescribed manner.

Relevant Judgments

1. Akbar Khan vs. Union of India (1962): This case involved a challenge to the termination of Indian citizenship under Section 9. The Supreme Court held that the decision of the Central Government regarding the acquisition of another citizenship is final and conclusive.

2. Union of India vs. Pranav Srinivasan (2024): This case reaffirmed the importance of following the statutory process strictly for the termination of citizenship. The Court emphasized that the decision of the Central Government is final and binding.

3. 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 termination of Indian citizenship is handled with due process and fairness, protecting the interests of both the individuals and the nation.