The Delhi High Court emphasized that decisions regarding dual citizenship and its implications on national security are within the purview of legislative bodies, not the judiciary
On Wednesday, the Delhi High Court dismissed a petition requesting the implementation of dual citizenship for Indians living abroad. The court highlighted that the matter involves national security issues that are beyond its jurisdiction and should be addressed by Parliament.
The bench, consisting of Acting Chief Justice Manmohan and Justice Tushar Rao Gedeala, stated, “This is not a matter for the courts to decide. It requires legislative action from Parliament. We cannot legislate on such issues. These matters have extensive implications for national security that we, as a court, cannot fully assess. This falls outside our domain.”
The petitioner Legal Cell (PLC) argued that this provision is unconstitutional because it does not acknowledge that obtaining foreign citizenship should not necessarily mean relinquishing Indian citizenship
The petition was filed by the Legal Cell (PLC), a society registered under the Societies Registration Act. PLC argued that dual citizenship could lead to increased investments, funding, and new initiatives. They noted that approximately 130 countries, both developed and developing, have adopted policies on dual citizenship with specific conditions. The petition claimed that implementing such a policy in India could strengthen relations with developed countries and align with global trends.
Additionally, PLC pointed out that a high-level committee on the Indian diaspora had previously recommended that Parliament consider dual citizenship to meet the challenges of globalization.
The petition also challenged Section 9(1) of the Citizenship Act, which stipulates that acquiring citizenship of another country results in the automatic loss of Indian citizenship. PLC argued that this provision is unconstitutional because it does not acknowledge that obtaining foreign citizenship should not necessarily mean relinquishing Indian citizenship.
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