SC issues notice on challenge to section 9 of Citizenship Act over automatic termination of Indian citizenship
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi tagged the matter with a pending case, Dr Radhika Thappeta v. Union of India, which raises a similar issue concerning revocation of Overseas Citizenship of India (OCI) status.
The Court also issued notice on an interim application filed by the petitioner seeking protection from being required to renounce Indian citizenship in order to acquire foreign citizenship, while the constitutional challenge to Section 9 is under consideration.
The petition was filed by Sanjay Gundlagutta Reddy, a US-based Economics professor of Indian origin, who, despite living in New York for several years, continues to identify as an Indian citizen.
He argues that Section 9(1) is arbitrary, disproportionate, and violates fundamental constitutional rights, particularly the right to equality and personal liberty.
During the hearing, Justice Surya Kant initially questioned the petitioner's counsel Advocate Warisha Farasat, asking, 'You are an eminent person. But what grievance is there…if you are so keen for Indian citizenship, you surrender the foreign citizenship and get the Indian one?'
However, after hearing her submissions including reference to a previous case where the Supreme Court had granted interim relief on similar grounds the Bench agreed to issue notice and listed the matter for hearing after two weeks.
Key arguments in the Petition are that Section 9 imposes a 'Hobson's choice' on Indians abroad, either acquire foreign citizenship and lose Indian nationality or retain Indian citizenship at great personal and professional cost.
It fails to consider the global mobility and dual loyalty of Indian-origin individuals who maintain cultural and emotional ties with India
The provision does not offer any discretionary or adjudicatory mechanism, resulting in automatic cessation of citizenship.
The petitioner highlights that non-citizens globally face precarious legal status, with risks of deportation and limited access to rights.
The petition, filed through Advocate-on-Record Yashwant Singh, seeks a reconsideration of India's citizenship framework to better align with contemporary realities of global Indian diaspora.
The outcome of this case could have far-reaching implications for Indian-origin individuals across the world, particularly in how India defines and regulates its citizenship laws in a globalized era.
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