Basics One Needs to know-
Most people think citizenship is like getting a tattoo — once inked, it stays forever. But under Indian Law, it isn’t quite so permanent. An Indian citizen can legally lose citizenship under Section 9 of the Citizenship Act, 1955. This article explains how, when, what the courts have decided recently, and what it means in practice.
What is Section 9 of the Citizenship Act, 1955?
Section 9 deals with termination (cessation) of Indian citizenship by operation of law. Key points:
- If a citizen of India voluntarily acquires citizenship of another country, then upon such acquisition, he or she ceases to be a citizen of India.
- There is no need for a declaration or renunciation in many cases; the loss happens automatically (“by operation of law”).
- There is a proviso for times of war, but generally the rule is strict.
So far, so legalistic. But how does this play out in real life?
Recent Judgments & Interpretations
Here are recent court decisions that clarify how Section 9 is being applied, including some that may surprise you.
| Case / Court | Key Facts | What the Court Held | Legal Takeaway |
|---|---|---|---|
| Union of India vs. Pranav Srinivasan (Supreme Court, Oct 2024) | Pranav’s parents acquired Singaporean citizenship in 1998. Pranav, born later, claimed resumption of Indian citizenship under Section 8(2) (which allows children of those who voluntarily renounced to resume). (Verdictum) | The SC held that Pranav’s parents had ceased to be Indian citizens by operation of law under Sec 9(1) when they acquired foreign citizenship. Because this was not a renunciation under Section 8, Section 8(2) did not apply to Pranav. His claim to resume citizenship failed. (Verdictum) | Acquiring foreign citizenship automatically triggers loss under Section 9(1); children cannot use Section 8(2) if the parent’s loss was automatic (not voluntary renunciation). |
| Mohd Khalil Qazi & Another vs. State of Jammu & Kashmir & Ors. (Jammu & Kashmir & Ladakh HC, 2025) | Two persons, Pakistani nationals, who had entered India on valid visas in 1988; acquired Pakistani citizenship; challenged their deportation and the claim that they ceased to be Indian citizens. (Verdictum) | The HC held that by voluntarily acquiring Pakistani citizenship, they ceased being Indian citizens under Section 9(1), and have no legal right to remain in India after expiry of their visas/permits. Their citizenship had terminated automatically. (Verdictum) | An explicit example: Section 9 doesn’t permit an Indian citizen to hold foreign citizenship simultaneously without triggering termination. |
| Bombay High Court — Chrisella Valanka Kushi Raj Naidu v. Ministry of External Affairs (2024) | A minor child whose parent acquired foreign citizenship; issue was whether the minor’s Indian citizenship is terminated as well. (LawFul Talks) | The HC held that Section 9 does not provide for termination of citizenship of minors whose parent acquired foreign citizenship. Even if one parent renounces or acquires foreign citizenship, a minor’s citizenship remains if other parent retains Indian citizenship / if custody etc. (LawFul Talks) | The law protects minors: loss by parent doesn’t necessarily mean loss for child. Custody matters. |
| Other clarifications | Children of foreign citizens / effect of parents acquiring foreign nationality | SC clarified that citizenship loss under Section 9 is automatic; children cannot resume citizenship under Section 8(2) if parent’s loss was by law, not renunciation. (India Today NE) | It’s important to distinguish between loss by “voluntary renunciation/ declaration” vs. loss by “operation of law / acquiring foreign citizenship.” |
How Does Loss of Citizenship Actually Occur?
- Voluntary acquisition of foreign citizenship: If you become a citizen of another country by naturalisation, registration or otherwise (voluntarily), you may automatically lose Indian citizenship under Section 9(1).
- Renunciation (Section 8): A separate, more formal route. One can voluntarily renounce Indian citizenship by declaration under Section 8. But loss via Section 9 happens even without formal renunciation, if foreign citizenship is acquired.
- Minors: A minor child’s Indian citizenship is not automatically terminated just because a parent gets foreign citizenship. Courts have recognised protection for minors, esp. under custody law or where one parent remains an Indian citizen.
- Resumption (Section 8(2)): Children of those who have voluntarily renounced citizenship can apply to resume citizenship. But crucially, this does not apply if the parent lost Indian citizenship not by renunciation but automatically (by Section 9) by acquiring foreign citizenship. This has been made clear in the Pranav Srinivasan case.
- Who makes the determination: If there’s doubt (e.g. did the person really acquire foreign citizenship, when, how), then there may be a process under Section 9(2), where an authority (and maybe a court) needs to decide.
Why the Confusion?
(And What People Often Get Wrong)
- People conflate loss by renunciation (explicit, via declaration) with loss by operation of law. The latter is automatic; the former more deliberate.
- Expectation that children have same fate as parents. Not always true under the law. Custody, which parent retains Indian citizenship, etc. all matter.
- Belief that “dual citizenship” is possible under Indian law. Not really — Indian law does not permit dual citizenship. If you acquire foreign citizenship voluntarily, Section 9 kicks in.
- Misunderstanding of resumption rights under Section 8(2). Many assume any child of someone who lost Indian citizenship can resume, but the recent judgments have narrowed this heavily.
Practical Examples & What You Should Do If You Think This Applies
- If you or your parents acquired foreign citizenship, check the date: Did that happen after commencement of the 1955 Act? That matters.
- If you are minor, check whether the other parent still holds Indian citizenship, what legal custody arrangements are, etc..
- If citizenship has “ceased” under Section 9, and Section 8(2) doesn’t help, see if other provisions under Section 5 (or elsewhere) might apply (e.g. by birth, residence).
- Always check whether any formal process or notice was issued. Sometimes the government or authorities may take actions (e.g. deportation, cancellation of registration or identity documents) but there must be due legal process.
Recent & Emerging Issues / Questions
Impact on identity docs, passports: Once citizenship is shown to have ceased, passport or citizenship certificate may get cancelled; people may face deportation or loss of civil rights.
Overseas Citizenship of India (OCI): OCI is not citizenship; rules allow cancellation of OCI under certain circumstances. But OCI-holders are distinct from full citizens.
Political and human rights concerns: Some loss of citizenship cases raise questions of due process, statelessness risk, fairness (especially for minors) and whether people were aware of the implications when acquiring foreign citizenship.
Legislative / policy reforms: There are discussions (though no major change yet) about how these laws affect diaspora, persons of Indian origin, and whether the system should become more flexible.
To Conclude
Yes — under Indian law, citizenship is not immortal. Section 9 ensures that if you voluntarily acquire foreign citizenship, your Indian citizenship ends automatically. Recent Supreme Court judgments have clarified that this applies even without a formal renunciation. But minors are somewhat protected; children cannot always be penalised for parents’ choices, especially under custody, citizenship status of other parent etc.
If you’re in a situation where this might affect you (or your family), it’s not just academic: get legal advice, check relevant documents (passport, certificates), timelines (when foreign citizenship was acquired), and what the law says in your specific case.
