In a significant ruling, the Kerala High Court has clarified that individuals holding Pakistani citizenship must formally renounce it under Pakistani law before being eligible for Indian citizenship. The judgment came in response to a writ appeal filed by the Union of India challenging a single judge’s order that had allowed Indian citizenship without a renunciation certificate.
The case involved a family-Rasheeda Bano and her two daughters, Sumaira and Mariam Maroof-who had applied for Indian citizenship under Section 5(1)(f) of the Citizenship Act, 1955. The husband, Mohammed Maroof, had moved to Pakistan as a child but later returned to India with his family on a long-term visa. While the Ministry of Home Affairs had initially agreed to grant citizenship to the daughters, it insisted on a renunciation certificate from Pakistani authorities as a mandatory requirement.
The appellants argued that under Section 14A of the Pakistan Citizenship Act, 1951, minors cannot renounce citizenship on their own. Only upon turning 21 can an individual formally renounce Pakistani citizenship, which also extends to their minor children. The court agreed, noting that mere surrender of a Pakistani passport or a no-objection certificate from the Pakistan High Commission does not equate to legal renunciation.
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Delivering the judgment, the Division Bench stated, “Unless citizenship of Pakistan is renounced as per Pakistani law, the Citizenship Act of India does not permit granting Indian citizenship-whether to a major or a minor.” The bench emphasized that India does not allow dual citizenship, and formal renunciation is necessary to avoid conflicting national statuses.
The court set aside the earlier order directing the grant of citizenship without the renunciation certificate. However, it left open the possibility for the family to reapply if they comply with all legal requirements in the future.
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This judgment reinforces the strict procedural adherence required in citizenship matters and highlights that administrative convenience cannot override substantive legal requirements. For many families in similar situations, it underscores the importance of following due process under both Indian and foreign laws.
Case Title: Union of India vs. Rasheeda Bano & Others
Case No.: WA No. 2172 of 2024
