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Delhi High Court rejects dual citizenship plea for Indian Diaspora
The plea was filed by Pravasi Legal Cell (PLC), a non-government organization working to empower the diaspora with the power of law.
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Indian Passport / Image - Unsplash
India’s Delhi High Court on July 31, dismissed a public interest litigation (PIL) seeking dual citizenship for the Indian diaspora, stating that the issue falls within the jurisdiction of Parliament. PIL is a legal action initiated in court to protect the public interest or the rights of a community.
The PIL was filed by Pravasi Legal Cell (PLC), a non-government organization working to empower the diaspora with the power of law. The plea argued that under current Indian law, an individual's Indian citizenship is automatically forfeited upon acquiring a foreign passport. “...By granting dual citizenship rights, India can leverage the expertise and capital of its diaspora to stimulate innovation, create employment opportunities, and bolster economic progress,” the plea read.
The court highlighted the constraints imposed by Article 9 of the Indian Constitution and Section 9 of the Citizenship Act, which prohibits dual citizenship. The said provisions state that a person shall cease to be a citizen of India if they voluntarily acquire citizenship of another country.
The division bench (two-judge bench), comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela of Delhi HC, emphasized that it is not within the court's purview to grant such a request.
“We can't ask them to take a call on this. They have to see national security...it has wide ramifications,” the bench remarked, stressing that the matter should be addressed by Parliament.
The court noted that Parliament is in session and suggested that the issue could be raised through a Member of Parliament. Consequently, the plea was dismissed as withdrawn.
According to PLC's argument, the Indian diaspora could greatly aid India's progress through investment, trade, tourism, and charitable endeavors if granted dual citizenship. The organization argued that denying dual citizenship rights impedes the cultural rights guaranteed under Article 30 of the Constitution and deters the diaspora from investing or engaging in entrepreneurial ventures in India.
The plea also highlighted that nearly 130 countries, including many developed and developing nations, allow dual citizenship. The decision by the court highlights the continuing discussion surrounding dual citizenship, and the Indian diaspora will have to wait for lawmakers to address the issue.
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