The Kerala High Court has ruled that Indian citizenship cannot be granted to foreign nationals without a formal Renunciation Certificate from their country of origin. Mere surrender of a foreign passport is not sufficient.

The Division Bench of Justices Sushrut Arvind Dharmadhikari and Syam Kumar V M delivered the ruling while hearing the Centre’s appeal against a single judge’s order that had permitted two Pakistani minors to be granted Indian citizenship without such a certificate.

The minors had surrendered their passports and produced letters from the Pakistan High Commission stating it had no objection to their acquiring Indian citizenship. However, the court noted that under Section 14A of the Pakistan Citizenship Act, minors cannot renounce citizenship, and therefore, without a Renunciation Certificate, they continue to remain Pakistani citizens.

Emphasising that the Citizenship Act, 1955, does not recognise dual citizenship, the Bench observed that renunciation is the only legal process that ensures clarity of status.

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It held that Indian citizenship cannot be conferred until the mandatory requirements are fulfilled. While allowing the Centre’s appeal, the court clarified that its decision would not prevent the minors from seeking citizenship once they meet all statutory conditions.

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