Cessation of Indian citizenship

Mere obtaining of passport by person from foreign Government is no ground to hold that his citizenship of India automatically ceases.

A person found to be a citizen of India cannot be treated as foreigner as long as the Central Government does not record a decision to that effect under s.2(9) of Citizenship Act. Section 9(2) does not provide for filing of any application by such person. What the section contemplates is the determination of the question of cessation of citizenship by the Central Government and only upon such determination he would be ceased to be citizen of India. Further, the provision for prescribing rules of evidence, having regard to which the question of acquisition of citizenship of another country has to be determined, clearly indicates that the order is not to be made on the mere satisfaction of the authority without enquiry as to whether the citizen concerned has obtained a passport of another country. The authority has also to determine as to whether the person has voluntarily acquired foreign citizenship. The enquiry would be quasi judicial in nature and reasonable opportunity must be afforded to the citizen to convince the authority that what is alleged against him is not true. Thus the termination of Indian citizenship does not merely depend upon the action of a foreign country in issuing a passport.

Refer – S. Nalini Srikaran Vs. Union of India (UOI)

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