Delhi high court has noted that the Citizenship Act of 1955 supersedes arrangements laid out in the Ticket Handbook of 2020. The HC underscored that a subordinate regulations can not bypass main regulation.
Justice Subramaniam Prasad passed the order just recently on a plea by two small children challenging the authorities’ decision to revoke their Indian passports and rejection to reissue them. The HC purchased the tickets to be released to the children.
The youngsters, born to Indian parents that later migrated to the United States, sought the court’s intervention to get the authorities to release them Indian passports at no cost. The appeal highlighted that their dad had actually picked to retain his Indian citizenship, while their mom obtained United States citizenship under Section 9 of the Citizenship Act.
In its verdict in favour of the youngsters, the HC made it clear that they satisfied the criteria laid out in Area 4( 1 )( A) of the Citizenship Act, which stipulates that a minor holding citizenship of India and an additional country have to relinquish one of them within 6 months of reaching adulthood to maintain the Indian citizenship.
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Highlighting the govt’s setting, the court referenced a circular provided in Feb 2011 which recognized that minors might hold dual citizenship until they reach the age of majority and choose to renounce one citizenship. The court emphasized that even the govt identified a minor’s privilege to an Indian ticket and the alternative to renounce foreign citizenship to maintain Indian nationality.
The authorities took the stand that according to passport regulations, under no circumstances can an Indian person, including a small, have an Indian and a foreign key at the same time. But the HC explained that the Key Guidebook of 2020, mentioned by the authorities to validate their choice, opposed the Citizenship Act.
” Plainly, the Passport Guidebook goes to variance with Section 4 of the Citizenship Act, which will undoubtedly prevail over the Ticket Handbook. It is clear that the subservient regulations can not override the moms and dad regulations,” the court said
As a result, the court wrapped up that there was no legal impediment to granting the petitioners’ request, permitting the writ application for the kids.