Automatic Termination Of Indian Citizenship On Acquiring Another
Citizenship Is Unconstitutional:

LSE Professor's Plea In Supreme Court Listen to this Article Sheryl
Sebastian (/sheryl-sebastian) 10 Oct 2023 10:22 AM

The Supreme Court on Monday issued notice to the Central Government in a
petition filed by Constitutional scholar and Public Law Chair at the London
School of Economics, Professor Tarunabh Khaitan, challenging the
constitutionality of the provisions of the  Citizenship Act, 1955 that
automatically terminates Indian citizenship upon acquisition of another
citizenship. A bench of Justice AS Bopanna and Justice MM Sundresh while
issuing notice in Khaitan's plea, tagged it along with other connected
matters. Khaitan has challenged the constitutionality of Section 9(1), the
second proviso to Section 4(1), and Section 4(1A) of the Citizenship Act,
1955 insofar as these provisions result in an involuntary and automatic
termination of Indian citizenship upon acquisition of another citizenship.
The petition, contends that "involuntary termination of citizenship is not
only unconstitutional, it also militates against the values of the Indian
constitutional ethos and violates international law. Such termination leads
to involuntary deprivation of the “right to have rights” which is akin to
exile and, therefore, one of the harshest consequences the law can visit
upon an individual for a non-criminal act". It also places India with some
of the most illiberal countries where the loss of citizenship is automatic
and involuntary, the plea states. The petitioner has made it clear that he
is not seeking a general recognition of dual citizenship. The petition
challenges the involuntary termination of citizenship under the impugned
provisions, since it forces individuals to choose between their country of
birth and their country of domicileThe petitioner contends that the grant
of ‘Overseas Citizen of India Cardholder’ status that he would become
eligible for after termination of his Indian citizenship is not comparable
to the benefits offered by citizenship.

KR IRS 11 10 23

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