Foreign National Doesn't Automatically Become Indian Citizen On Marriage; Voter ID, Aadhaar, PAN Etc. Not Proof Of Citizenship: Patna HC [Read Judgment]

The Patna High Court has held that a foreign national does not automatically become an Indian citizen on marriage with a citizen.

The bench comprising the Chief Justice Sanjay Karol and Justice S. Kumar observed that mere possession of a Pan Card; a Voter ID Card; or an Aadhar Card cannot be said to be proof of Indian Citizenship. The court also added that relinquishment of Citizenship of Nepal does not confer any right of Indian Citizenship.

Background

Kiran Gupta, who was born and brought up in Nepal, married one Ashok Prasad Gupta in 2003 and after that started permanently residing with him in India as his wife. After her marriage, she, (a) got her name entered into the voters list prepared in the year 2008 for elections to the Assembly of Bihar; (b)in her name she has (i) an account with a bank in India, (ii) a Pan Card issued by the Income Tax Department, and (iii) an Aadhaar Card. In 2018, she was elected as a Mukhiya of Gram Panchayat. State Election Commission set aside the election under Section 136(1) of the Bihar Panchayat Raj Act, 2006 on the ground of her not being an Indian citizen. Against this order of the Election Commission, she approached the High Court claiming that she voluntarily relinquished Citizenship of Nepal and thus has acquired Indian Citizenship. The Single bench dismissed her writ petition holding that, she being not a citizen of India, entailed disqualification under the Panchayat Act.

Mere Relinquishment Of Original Foreign Citizenship Or Marriage Does Not Confer Indian Citizenship

The Division Bench, which considered her writ appeal, referred to the provisions of the Citizenship Act and various Apex Court pronouncements in the matter of citizenship. The court observed that mere relinquishment of original Citizenship cannot be perceived as an intent of seeking Indian Citizenship. The court made the following observations: 

"The Citizenship Act does not provide for a scenario where a person residing in India, upon relinquishing her/his original Citizenship is automatically considered to be a citizen of India. Possibility of a person, though not the appellant, migrating to a third country cannot be ruled out. As such, continuous and uninterrupted stay in India cannot be a factor determining, in anticipation, of a person choosing to exercise right seeking Citizenship under the Citizenship Act."

"The foreign national does not become an Indian citizen on marriage with a citizen under the Act. After the marriage, the foreign national has an option to get registered as an Indian citizen. Even then, the person must fulfil the requirement of residency before they can apply for Indian Citizenship."

 Voter ID, Aadhaar, PAN Card Not Proof Of Indian Citizenship

The court also considered the contention that she possessed various documents such as Voter ID, Aadhaar and PAN Card. On this, the bench observed:

Mere registration of a person's name in the voter list, ipso facto, does not confer Citizenship. The purpose of the PAN card is to facilitate the payment of taxes to the Indian State, which foreigners may also be required to pay...The eligibility criteria for obtaining an Aadhaar Card is residency in India for a period of 182 days or more, not citizenship. Section 9 of the Aadhaar Act, 2016 clearly states that an Aadhaar number or authentication thereof shall not by itself confer any right of or be proof of Citizenship or domicile of the Aadhaar number holder.Banking regulations under the RBI are silent on bank accounts or documents as proof of Citizenship. For Prevention of Money Laundering, proof of identity and address is required from persons opening bank accounts. However, Citizenship is not a criterion for having a bank account in India. Voter ID cards are not incontrovertible evidence of Indian Citizenship- presumption attached to the issuance of the voter ID card may be challenged by a complaint that states material facts under Section 136 of the Panchayat Act.

The bench also refused the plea to direct the Central Government to grant the petitioner Indian citizenship observing that it would impinge upon the Executive's functions. However, it observed:

However, in light of the peculiar situation of the petitioner; her ordinary residence and family life in India; and India's international law obligations to prevent statelessness, we direct that upon receipt of the petitioner's application, if so filed, the appropriate authority may consider her application expeditiously, keeping in mind the complications that have emerged in her legal status.

The court thus held that the State Election Commission was empowered to set aside the election on the specified ground under Section 136(1) of the Panchayat Act of her not being an Indian citizen.

Case name: Kiran Gupta vs. State Election Commission 

Case no.:  Letters Patent Appeal No.139 of 2020 

Coram: Chief Justice Sanjay Karol and Justice S. Kumar

Counsel: Adv Rajesh Singh for Appellant, Adv Amit Shrivastava for Election Commission, AG Lalit Kishore

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