Citizenship of Bharat: Part 24

 

Section 14: Discretionary Power of the Central Government

Explanation

Section 14 of the Citizenship Act, 1955, grants the Central Government discretionary power to grant or refuse applications for citizenship under Sections 5, 6, or 7A. The key provisions are as follows:

1. Discretionary Power: The Central Government has the discretion to grant or refuse an application for citizenship.

2. No Requirement for Reasons: The Central Government is not required to provide any reasons for granting or refusing an application.

Relevant Judgments

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

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 Central Government's discretionary power is exercised with due process and fairness, protecting the interests of both the individuals and the nation.