Automatic Termination Of Indian Citizenship On Acquiring Another Citizenship Is Unconstitutional: LSE Professor's Plea In Supreme Court

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 domicile.

The 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.

The Petitioner has informed the Court that though he’s been eligible to apply for British Citizenship since 2013, he has not applied for the same since that would result in termination of his Indian Citizenship. Acquisition of British citizenship would result in involuntary termination of his citizenship under Section 9 of the Citizenship Act, 1955. Under Section 4(1) and Section 4(1)A of the Act, his future children would have to choose between their Indian Citizenship by descent and their British Citizenship by birth and also descent (since the Petitioner’s wife is a British Citizen).

Sr. Adv. Chander Uday Singh and Sr. Adv. Prashanto Chandra Sen appeared for Khaitan.

The petition has been drafted by Adv. Saif Mahmood and filed by AOR Pallavi Pratap.

Case Title: Tarunabh Khaitan V Union of India WP(C) No. 1074/2023