The Madras High Court (Madurai Bench) held that a minor child’s Indian citizenship, acquired by birth, is not automatically extinguished when a parent acquires foreign citizenship by naturalisation. The court clarified that Section 8(2) of the Citizenship Act, 1955 applies only upon renunciation under sub-section (1), and thus directed the Regional Passport Officer to renew the minor’s passport within three months.
Background & Facts
The Dispute
The petitioner, a minor child Aarush Shanmugam Gurudev (born 23.01.2016), sought a writ of mandamus directing the Regional Passport Officer, Madurai to renew his passport (No. V6071899) without insisting that the application be made through his mother, after his father acquired citizenship of the United Kingdom.
Key Facts
- The minor was born on 23.01.2016 at Rainbow Hospital, Swaranapuri, Salem.
- His birth certificate records the father as N.S. Gurudev and mother as G. Raagavi, both Indian citizens at the time of birth.
- Passport No. V6071899 was issued to the minor on 05.10.2021 from London, with an expiry date of 04.10.2026.
- The father acquired citizenship of the United Kingdom on 07.05.2021 by naturalisation.
- The mother remained an Indian citizen throughout.
- The minor’s passport renewal application was submitted on 03.08.2026 (Application File No.26-1066950512).
- After the application, the respondent raised objections based on Section 8(2) of the Citizenship Act, 1955, contending that the minor’s citizenship ceased upon the father’s acquisition of UK citizenship.
Procedural History
- 03.08.2026: Passport renewal application filed by the petitioner.
- 13.10.2026: Judgment delivered by the Madras High Court (Madurai Bench) allowing the writ petition and issuing directions.
Relief Sought
The petitioner sought a writ of mandamus to:
- Direct the respondent to process and renew Passport No. V6071899.
- Not insist that the renewal application be made through the mother.
- Pass such further orders as the court deemed fit.
The Legal Issue
The central question was whether the minor child’s Indian citizenship ceased under Section 8(2) of the Citizenship Act, 1955 upon the father’s acquisition of foreign citizenship by naturalisation, or whether Section 9 of the Act, which governs acquisition of foreign citizenship, preserves the minor’s citizenship status.
Arguments Presented
For the Petitioner
The petitioner contended that Section 8(2) applies only when a person renounces Indian citizenship under sub-section (1). Since the father acquired UK citizenship by naturalisation, not by renunciation, Section 8 was not attracted. Reliance was placed on the Kerala High Court judgment in Chaitanya S. Nair (Minor) v. Union of India, 2022 LiveLaw (Ker) 127, which held that Section 9 does not provide for the minor child to lose citizenship upon the parent’s acquisition of foreign citizenship.
For the Respondent
The respondent argued that the father ceased to be an Indian citizen upon acquiring UK citizenship, thereby triggering Section 8(2), which provides that every minor child of such a person shall thereupon cease to be a citizen of India. Consequently, the minor was no longer eligible for an Indian passport.
The Court's Analysis
The court examined the language of Sections 8 and 9 of the Citizenship Act, 1955. It noted that sub-section (1) of Section 8 requires a declaration of renunciation made in the prescribed manner; sub-section (2) then operates only when such renunciation occurs. The father’s acquisition of UK citizenship was by naturalisation, not by renunciation, thus Section 8(2) had no application.
Turning to Section 9, the court observed that it deals with situations where a citizen of India acquires foreign citizenship and contains no provision that automatically strips the minor child of Indian citizenship.
The court further relied on Section 3(1) of the Act, which confers citizenship by birth on a person born in India when at least one parent is an Indian citizen. Both parents were Indian citizens at the time of the minor’s birth, thereby granting him citizenship by birth. In the absence of any statutory provision permitting the deprivation of such citizenship on the ground of a parent’s subsequent naturalisation, the minor’s citizenship remained intact.
The court expressly agreed with the reasoning in Chaitanya S. Nair (Minor) v. Union of India and concluded that there was no impediment to processing the renewal application from the perspective of the Citizenship Act.
"In the absence of statutory sanction, the minor cannot be stripped of citizenship merely because his father acquired the citizenship of the United Kingdom in 2021."
The Verdict
The petitioner succeeded. The court set aside the respondent’s objections and directed the Regional Passport Officer to consider and dispose of the renewal application for Passport No. V6071899 within a maximum period of three months from the date of receipt of a copy of the order. The petitioner was to furnish any additional documents required. No order as to costs was passed.
What This Means For Similar Cases
Citizenship by Birth Cannot Be Nullified by Parent's Foreign Naturalisation
- A minor’s citizenship acquired by birth under Section 3(1) persists despite a parent’s subsequent acquisition of foreign citizenship.
- Authorities must not deny passport services solely on the ground of a parent’s changed nationality unless a statutory provision expressly permits it.
Section 8(2) Applies Only to Renunciation, Not Naturalisation
- The loss of a minor’s citizenship under Section 8(2) is contingent upon the parent’s renunciation under sub-section (1).
- Mere acquisition of foreign citizenship by naturalisation does not trigger the provision.
Passport Renewal Rights of Minors Are Protected
- Passport authorities must process renewal applications for minors within a reasonable time; the court prescribed a three-month outer limit in this case.
- The burden lies on the authority to show a legal impediment; mere allegation of parental citizenship change is insufficient.
