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Supreme Court of India issues notice to government on dual citizenship rights

Move follows petition challenging automatic termination of citizenship upon acquiring nationality of another country

The Indian Supreme Court issued a notice to the Central Government on Monday in response to a petition filed by Tarunabh Khaitan, a constitutional scholar, and Public Law Chair at the London School of Economics. The petition challenges the automatic termination of Indian citizenship upon acquiring another citizenship, asserting that such a provision is unconstitutional.

In his petition, Professor Khaitan specifically challenges sections of the Citizenship Act, 1955—namely, Section 9(1), the second proviso to Section 4(1), and Section 4(1A). His contention is that these provisions lead to the involuntary and automatic termination of Indian citizenship upon the acquisition of another citizenship.

The petition, drafted by another legal scholar, Dr Saif Mahmood argues that "involuntary termination of citizenship is not only unconstitutional but also runs counter to the values of the Indian constitutional ethos and violates international law. Such termination results in the involuntary deprivation of the 'right to have rights,' akin to exile, making it one of the harshest consequences the law can impose upon an individual for a non-criminal act. Additionally, it categorizes India among the most restrictive nations, where the loss of citizenship is automatic and involuntary. Dr. Saif Mahmood is a senior partner with Century’s Maxim International India’s office.

When presenting Khaitan's case, he and senior advocates Chander Uday Singh and PC Sen informed a bench of Justices AS Bopanna and MM Sundresh that the petitioner was not seeking a general recognition of dual citizenship. The petition specifically addresses the disproportionate and involuntary termination of citizenship under the challenged provisions, compelling individuals to choose between their country of birth (Janmabhoomi) and the protections offered by their country of domicile (Karmabhoomi).

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