Court clarifies Sections 8 and 9 of Citizenship Act, 1955; directs passport renewal for minor born in India to Indian parents
In a significant judgment delivered on October 13, 2026, the Madras High Court, presided over by Justice Senthilkumar Ramamoorthy, resolved a citizenship controversy involving a minor's passport renewal. The case arose when Aarush Shanmugam Gurudev, born in India in 2016 to Indian parents, applied for renewal of his Indian passport. The Regional Passport Officer of Madurai declined to process the application, contending that the minor lost Indian citizenship as his father subsequently acquired foreign citizenship.
The dispute hinged on the interpretation of Sections 8 and 9 of the Citizenship Act, 1955. The passport office argued that under Section 8(2), the minor's citizenship ceased automatically because his father renounced Indian citizenship under Section 8(1). However, the petitioner's counsel countered that the father had not renounced Indian citizenship via declaration but rather acquired UK citizenship under Section 9, a distinct legal mechanism.
Justice Ramamoorthy meticulously analyzed the statutory provisions. Section 8 deals exclusively with voluntary renunciation of Indian citizenship by declaration and mandates registration of such renunciation. Only then does the citizenship of minor children cease automatically under Section 8(2). By contrast, Section 9 applies when an Indian citizen acquires foreign citizenship by naturalization or registration but does not provide for automatic cessation of the minor child's citizenship.
The Court noted that Aarush was born when both parents were Indian citizens, thereby acquiring Indian citizenship by birth under Section 3(1)(c) of the Act. Since the father's acquisition of UK citizenship occurred post-birth and not by renunciation under Section 8, the minor's citizenship remained intact. The Court also relied on the Kerala High Court's precedent in Chaitanya S. Nair (Minor) v. Union of India (2022), which distinguished the effects of Sections 8 and 9.
Accordingly, the Madras High Court directed the Regional Passport Officer to consider and dispose of Aarush's passport renewal application within three months of receiving the Court's order. The judgment reinforces that Indian citizenship by birth is not automatically forfeited by a parent's subsequent acquisition of foreign citizenship unless renunciation procedures under Section 8 are duly followed.
This ruling is a crucial clarification for citizenship and passport authorities and safeguards the rights of children born to Indian parents, ensuring their citizenship is not arbitrarily revoked due to the parent's change in nationality.
Bottom Line:
Citizenship Act, 1955 - Minor born in India to Indian citizen parents does not lose Indian citizenship merely because father subsequently acquires foreign citizenship, Section 8(2) applies only on renunciation under Section 8(1) and not where parent ceases citizenship by acquisition of foreign citizenship under Section 9 - Passport renewal application of minor directed to be processed.
Statutory provision(s):
Citizenship Act, 1955 Sections 3(1), 8(1), 8(2), 9
Aarush Shanmugam Gurudev v. Regional Passport Officer, (Madras) : Law Finder Doc Id # 2999892
