Introduction
In Union of India v. Rasheeda Bano & Ors., the Kerala High Court ruled on August 27, 2025, that minors cannot obtain Indian citizenship merely by surrendering their Pakistani passports. The court clarified that a Renunciation Certificate under Section 14A of the Pakistan Citizenship Act remains mandatory. It held that passport surrender alone does not eliminate dual citizenship.
Story
The case stemmed from an appeal by the Central Government against a single-judge decision permitting citizenship for two Pakistani minors who had surrendered their passports and submitted ‘no objection’ certificates from Pakistan’s High Commission. These minors, however, could not obtain a formal Renunciation Certificate under Section 14A, as Pakistani law prohibits minors from renouncing their citizenship.
A Division Bench, comprising Justices Sushrut Arvind Dharmadhikari and Syam Kumar V.M., held that India’s Citizenship Act of 1955 prohibits dual citizenship under any circumstance. The court underscored that legal clarity requires exclusive allegiance to India, which only a formal renunciation process can ensure.
It further emphasized that surrendering a passport, even with official documents, is insufficient to waive dual citizenship. The appeal was allowed, and the judgment clarified that citizenship may be granted once minors fulfill all legal requirements, including obtaining a proper Renunciation Certificate.
Under Section 5 of the Citizenship Act, 1955, applicants must demonstrate forfeiture of foreign allegiance. For Pakistani nationals, Section 14A mandates a formal Renunciation Certificate to prove renunciation of citizenship. However, Pakistani law restricts this for minors, complicating the process.
The previous single-judge order had deemed passport surrender and a no-objection certificate adequate. The Division Bench’s ruling restores legal rigor, emphasizing that citizenship must be free from dual claims. The directive ensures the formal renunciation remains a non-negotiable requirement and clarifies procedural compliance for minors seeking naturalization.
Implication
This judgment reaffirms that India does not permit dual citizenship, even for minors. It sends a clear message: formal renunciation is mandatory. For legal professionals and applicants, the ruling highlights the need to secure Renunciation Certificates before processing citizenship applications. For the minors and families involved, the decision means fulfilling proper legal steps to avoid future complications. Once all requirements, including renunciation, are met, citizenship may proceed without hindrance.
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This is an important clarification from the Kerala High Court. It reinforces that mere surrender of a foreign passport is not enough to claim Indian citizenship; a formal Renunciation Certificate is mandatory. This ruling highlights the importance of following all legal procedures to avoid complications, especially for minors seeking naturalization.