2024 INSC 792 Civil Appeal No.5932 of 2023, etc. Page 1 of 25

Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE/ORIGINAL JURISDICTION

CIVIL APPEAL NO. 5932 OF 2023

Union of India … Appellant

versus

Pranav Srinivasan … Respondent

with

WRIT PETITION (C) NO.123 OF 2024

J U D G M E N T

ABHAY S. OKA, J.

1. The issue involved in these cases concerns the grant

of Indian citizenship to Pranav Srinivasan, the respondent

in the civil appeal and petitioner in the writ petition.

FACTUAL ASPECTS

2. A few factual aspects must be set out to appreciate

the factual and legal controversy. The paternal

grandparents of Pranav were born in India before

independence. Pranav’s father and mother were born in

India in 1963 and 1972, respectively. On 19

th December

1998, Pranav’s parents adopted citizenship of Singapore.

On 1

st March 1999, Pranav was born in Singapore as a

Civil Appeal No.5932 of 2023, etc. Page 2 of 25

citizen of Singapore. According to the case of Pranav, on

20

th April 2012, his parents renounced their Indian

citizenship. On 5

th May 2017, when Pranav was eighteen

years, two months and four days old, he submitted an

application in Form XXV specified under Rule 24 of the

Citizenship Rules, 2009, read with sub-section (2) of

Section 8 of the Citizenship Act, 1955 (for short, ‘the 1955

Act’) for resumption of his Indian citizenship.

3. Earlier, Pranav filed a writ petition before the High

Court of Judicature at Madras as his application in Form

XXV was not considered. Ultimately, it was revealed that

Pranav had not paid the necessary fees. Therefore, the

High Court permitted Pranav to pay the required fees by

the order dated 30

th November 2017. The said order was

modified by a further order dated 29

th November 2018 in

the writ petition filed by Pranav, and the High Court

directed the concerned authorities to de cide the

application made by Pranav. By the order dated 30

th April

2019, the Ministry of Home Affairs held that Pranav was

not eligible for resumption of citizenship under Section

8(2) of the 1955 Act. Pranav was advised to reapply either

under clause (f) or clause (g) of sub-section (1) of Section 5

of the 1955 Act. Pranav challenged the said order by filing

a writ petition before the learned Single Judge of the High

Court. Pranav succeeded before the learned Single Judge

Civil Appeal No.5932 of 2023, etc. Page 3 of 25

as it was held that he was entitled to resume his

citizenship in accordance with Section 8(2) of the 1955 Act.

Being aggrieved, the Union of India preferred an appeal

before the Division Bench of the High Court. The appeal

was dismissed. Therefore, Civil Appeal No.5932 of 2023

was preferred by the Union of India before this Court.

4. In the civil appeal, an order was passed by this Court

on 7

th December 2023, directing that the form filled up by

Pranav on 5

th May 2017 shall be treated as an application

filed in Form L of the Citizens (Registration at Indian

Consulates) Rules, 1956. A direction was issued to decide

the application accordingly. An order was passed on 30

th

January 2024 by the Ministry of Home Affairs, holding that

Pranav was not a person of Indian origin in terms of

Section 5 of the 1955 Act. Therefore, he was not eligible

for a grant of Indian citizenship under clause (b) of sub-

section (1) of Section 5 of the 1955 Act. Being aggrieved,

Pranav has filed Writ Petition (C) No.123 of 2024 under

Article 32 of the Constitution of India.

SUBMISSIONS

5. Mr C S Vaidyanathan, the learned senior counsel

appearing for Pranav, submitted that within three months

of attaining majority, on 5

th May 2017, Pranav declared his

intention to resume Indian citizenship by filing the

application in Form XXV with the Consulate Office

Civil Appeal No.5932 of 2023, etc. Page 4 of 25

(Consulate General of India, New York, USA). He was

administered the oath of allegiance to the Constitution of

India on the date of filing the application. The submission

of the learned senior counsel, in short, is that apart from

the fact that Pranav was entitled to resume his Indian

citizenship by invoking Section 8(2) of the 1955 Act, he is

deemed to be an Indian citizen under Article 8 of the

Constitution of India by virtue of his grandparents’ birth

in undivided India. Moreover, he was entitled to seek

Indian citizenship under Section 5(1)(b) of the 1955 Act.

6. The learned senior counsel invited our attention to

Articles 5 and 6 of the Constitution, which specifically use

the expression “at the commencement of this

Constitution.” In contrast, Article 8 uses the expression

“whether before or after commencement of the

Constitution of India”. Therefore, Article 8, as opposed to

Articles 5 and 6, applies even after the commencement of

the Constitution. He submitted that by the language used

in Section 5 of the 1955 Act, it is crystal clear that a person

can acquire Indian citizenship either by virtue of

constitutional provisions or by taking recourse to the 1955

Act. Article 8 is an independent and distinct source of

citizenship.

7. It was submitted that Pranav’s grandparents were

born in the State of Tamil Nadu , which was part of

Civil Appeal No.5932 of 2023, etc. Page 5 of 25

undivided India before 15

th August 1947. His maternal

grandparents were also born in the undivided India before

independence. Therefore, under Article 8, Pranav qualified

to become an Indian citizen. It is submitted that the

failure of the Union of India to recognise and enforce a

constitutional provision is an arbitrary exercise of power.

The learned senior counsel relied upon a decision of this

Court in the case of Anoop Baranwal v. Union of India

[Election Commission Appointments]

1 in the context of

the right to vote. He also relied upon another decision in

the case of Central Board of Dawoodi Bohra

Community & An other. v. State of Maharashtra &

Anr.

2, wherein this Court held that the role of the

constitutional Courts is to interpret the Constitution,

considering the changing needs of the society.

8. The learned senior counsel submitted that ,

independently of the constitutional provisions, Pranav is

entitled to be registered as an Indian citizen under clause

(b) of sub-section (1) of Section 5 of the 1955 Act. He

submitted that Pranav is a person of Indian origin as his

parents were born within the territory of India after

independence. He submitted that a common sense of

interpretation would have to be given to the phrase “in

such other territory which became part of India after the

1

(2023) 6 SCC 161

2

(2023) 4 SCC 541

Civil Appeal No.5932 of 2023, etc. Page 6 of 25

15

th day of August 1947,” occurring in Explanation-2 to

Section 5 of the 1955 Act. Therefore, it includes all those

territories which were part of the undivided India and

continued to be a part of the independent India. He

submitted that if the interpretation put to the said

provision by the Union of India is accepted, persons whose

parents were born in the States like Goa and Sikkim would

be the persons of Indian origin but who are born in the

territories which continued to be a part of India after

independence, would be denied the same benefit.

Therefore, a person of Indian origin can acquire Indian

citizenship if it is shown that the grandparents were born

in the undivided India and the parents were born in India

after its independence.

9. He submitted that the words “minor child”, occurring

in Section 8(2) of the 1955 Act, will include an unborn

child or a child in the womb. He submitted that Section 3

of the 1955 Act talks about the acquisition of citizenship

by birth, whereas Section 8(2) of the 1955 Act talks about

a minor child. Therefore, a child need not have been born

in India to be entitled to the benefit of seeking resumption

of Indian citizenship under Section 8(2) of the 1955 Act.

10. Mr K M Nataraj, the learned Additional Solicitor

General (ASG) appearing for the Union of India, submitted

that Articles 5 to 9 of the Constitution of India determine

Civil Appeal No.5932 of 2023, etc. Page 7 of 25

who the Indian citizens were at the commencement of the

Constitution. These Articles provide for the acquisition of

citizenship by the persons eligible therein at the

commencement of the Constitution. Article 9 disqualifies

a person from acquiring citizenship under Articles 5, 6 or

8 if such person has voluntarily acquired citizenship of any

foreign State. He also invited our attention to Articles 10

and 11. He submitted that Article 10 provides that every

person who is or is deemed to be a citizen of India under

the provisions of Part II of the Constitution of India shall,

subject to the provisions of any law that the Parliament

may make, continue to be such citizen. Article 11 protects

the Parliament's power to make provisions concerning the

acquisition and termination of citizenship.

11. The learned ASG relied upon the speech of the late

Dr Babasaheb Ambedkar in the Constituent Assembly,

which indicated that the provisions in the Constitution

deal with citizenship on the date of commencement of the

Constitution. Therefore, his submission is that Articles 5

to 9 determine who are Indian citizens at the

commencement of the Constitution of India. After

the enactment of the 1955 Act, India's citizenship can be

acquired, terminated, or otherwise regulated under the

provisions thereof. He submitted that Pranav is not a

Civil Appeal No.5932 of 2023, etc. Page 8 of 25

person of Indian origin. Therefore, Section 5(1)(b) of the

1955 Act will not apply.

12. He submitted that Section 8(2) of the 1955 Act will

have no application. He submitted that Pranav’s parents

lost their citizenship the moment they acquired the

citizenship of Singapore. When Pranav was born, his

parents were no longer Indian citizens. They lost Indian

citizenship upon the acquisition of Singapore citizenship.

He would, therefore, submit that Pranav is not entitled to

Indian citizenship.

13. The learned senior counsel appearing for Pranav

submitted that Article 8 will apply in the present case. He

submitted that it was never the stand of the Union of India

before the High Court that the Indian citizenship of

Pranav’s parents came to an end by termination. This

stand is taken for the first time before this Court by the

Union of India.

CONSIDERATION OF SUBMISSIONS

CITIZENSHIP UNDER THE CONSTITUTION

14. Part II of the Constitution deals with ‘Citizenship’. It

consists of Articles 5 to 11, which read thus:

“5. Citizenship at the

commencement of the

Constitution.—At the

commencement of this Constitution

Civil Appeal No.5932 of 2023, etc. Page 9 of 25

every person who has his domicile in

the territory of India and—

(a) who was born in the territory

of India; or

(b) either of whose parents was

born in the territory of India; or

(c) who has been ordinarily

resident in the territory of India

for not less than five years

immediately preceding such

commencement,

shall be a citizen of India.

6. Rights of citizenship of certain

persons who have migrated to India

from Pakistan .—Notwithstanding

anything in Article 5, a person who

has migrated to the territory of India

from the territory now included in

Pakistan shall be deemed to be a

citizen of India at the commencement

of this Constitution if—

(a) he or either of his parents or

any of his grand-parents was

born in India as defined in

the Government of India Act,

1935 (as originally enacted); and

(b) (i) in the case where such

person has so migrated before the

nineteenth day of July, 1948, he

has been ordinarily resident in

the territory of India since the

date of his migration, or

Civil Appeal No.5932 of 2023, etc. Page 10 of 25

(ii) in the case where such person

has so migrated on or after the

nineteenth day of July, 1948, he

has been registered as a citizen of

India by an officer appointed in

that behalf by the Government of

the Dominion of India on an

application made by him therefor

to such officer before the

commencement of this

Constitution in the form and

manner prescribed by that

Government:

Provided that no person shall be so

registered unless he has been

resident in the territory of India for at

least six months immediately

preceding the date of his application.

7. Rights of citizenship of certain

migrants to Pakistan .—

Notwithstanding anything in Articles

5 and 6, a person who has after the

first day of March, 1947, migrated

from the territory of India to the

territory now included in Pakistan

shall not be deemed to be a citizen of

India:

Provided that nothing in this article

shall apply to a person who, after

having so migrated to the territory

now included in Pakistan, has

returned to the territory of India

under a permit for resettlement or

permanent return issued by or under

the authority of any law and every

such person shall for the purposes of

Civil Appeal No.5932 of 2023, etc. Page 11 of 25

clause (b) of Article 6 be deemed to

have migrated to the territory of India

after the nineteenth day of July, 1948.

8. Rights of citizenship of certain

persons of Indian origin residing

outside India .—Notwithstanding

anything in Article 5, any person who

or either of whose parents or any of

whose grand-parents was born in

India as defined in the Government of

India Act, 1935 (as originally

enacted), and who is ordinarily

residing in any country outside India

as so defined shall be deemed to be a

citizen of India if he has been

registered as a citizen of India by the

diplomatic or consular representative

of India in the country where he is for

the time being residing on an

application made by him therefor to

such diplomatic or consular

representative, whether before or after

the commencement of this

Constitution, in the form and manner

prescribed by the Government of the

Dominion of India or the Government

of India.

9. Persons voluntarily acquiring

citizenship of a foreign State not to

be citizens.—No person shall be a

citizen of India by virtue of Article 5,

or be deemed to be a citizen of India

by virtue of Article 6 or Article 8, if he

has voluntarily acquired the

citizenship of any foreign State.

Civil Appeal No.5932 of 2023, etc. Page 12 of 25

10. Continuance of the rights of

citizenship.—Every person who is or

is deemed to be a citizen of India

under any of the foregoing provisions

of this Part shall, subject to the

provisions of any law that may be

made by Parliament, continue to be

such citizen.

11. Parliament to regulate the right

of citizenship by law.—Nothing in

the foregoing provisions of this Part

shall derogate from the power of

Parliament to make any provision

with respect to the acquisition and

termination of citizenship and all

other matters relating to citizenship.”

On the face of it, Article 5 will apply to a person who is

domiciled in the territory of India on 26

th January 1950.

Therefore, this provision will not apply in the present case.

Article 6 will have no application as it applies to persons

who have migrated to India from Pakistan. Article 7 deals

with the rights of the citizenship of certain migrants to

Pakistan.

15. Now, let us analyse Article 8. It applies to a person:-

(i) who was born in India as defined in the

Government of India Act, 1935 (for short, ‘the

1935 Act’) as originally enacted; or

Civil Appeal No.5932 of 2023, etc. Page 13 of 25

(ii) either of whose parents were born in India as

defined in the 1935 Act as originally enacted;

or

(iii) any of whose grandparents were born in India

as defined in the 1935 Act as originally

enacted.

and

who is ordinarily residing in any country

outside India so defined.

Such a person shall be deemed to be a citizen of India if he

has been registered as a citizen of India by the diplomatic

or consular representative of India in the country where he

is for the time being residing, on an application made by

him in prescribed form before such diplomatic or consular

representative, before or after the commencement of the

Constitution. The words “before or after the

commencement of this Constitution” qualify the words

“the diplomatic or consular representative of India in the

country where he is for the time being residing”. Therefore,

a person who is qualified in terms of the first part of Article

8 can apply to the diplomatic or consular representative of

India in any country where he is residing before or after

the commencement of the Constitution. He need not apply

to the diplomatic or consular representative of India in the

Civil Appeal No.5932 of 2023, etc. Page 14 of 25

country where he was residing at the commencement of

the Constitution.

16. If Article 8 was intended to apply to a foreign national

born after the commencement of the Constitution , the

provision would not be referring to “who is ordinarily

residing in any country outside India so defined”. So

defined means India as defined in the 1935 Act, as

originally enacted. Moreover, Article 8 uses the expression

“who is ordinarily residing”. Therefore, the provision will

only apply to someone ordinarily residing on the date of

commencement of the Constitution in any country outside

India as defined in the 1935 Act, as originally enacted. If

the interpretation sought to be given on behalf of Pranav

to article 8 is accepted, someone born, say in the year

2000, who is ordinarily residing in any country outside

India as defined in the 1935 Act, as originally enacted,

would be entitled to claim citizenship of India on the

ground that any of his parents or grandparents were born

in that part of Pakistan or Bangladesh which was part of

India as defined in the 1935 Act, as originally enacted. We

are giving this illustration to show that the interpretation

of Article 8 sought to be made on behalf of Pranav would

produce absurd results which the framers of the

Constitution never intended. Therefore, Article 8 will have

no application to Pranav’s case.

Civil Appeal No.5932 of 2023, etc. Page 15 of 25

17. Article 10 provides that every citizen deemed to be a

citizen of India by virtue of the provisions of Articles 5 to 8

shall continue to be such citizen subject to the provisions

of any law made by Parliament. Article 11 protects the

power of the Parliament to make any provision with respect

to the acquisition and termination of citizenship or all the

matters relating to citizenship.

CITIZENSHIP UNDER THE 1955 ACT

18. Now, we turn to the provisions of the 1955 Act.

Pranav has not claimed citizenship by birth (Section 3) or

citizenship by descent (Section 4). He has claimed

citizenship under clause (b) of sub-section (1) of Section 5

of the 1955 Act. Section 5 of the 1955 Act reads thus:

“5. Citizenship by registration.― (1)

Subject to the provisions of this

section and such other conditions

and restrictions as may be prescribed,

the Central Government may, on an

application made in this behalf,

register as a citizen of India any

person not being an illegal migrant

who is not already such citizen by

virtue of the Constitution or of any

other provision of this Act if he

belongs to any of the following

categories, namely:―

(a) a person of Indian origin who is

ordinarily resident in India for

seven years before making an

application for registration;

Civil Appeal No.5932 of 2023, etc. Page 16 of 25

(b) a person of Indian origin who

is ordinarily resident in any

country or place outside

undivided India;

(c) a person who is married to a

citizen of India and is ordinarily

resident in India for seven years

before making an application for

registration;

(d) minor children of persons who

are citizens of India;

(e) a person of full age and capacity

whose parents are registered as

citizens of India under clause (a) of

this sub-section or sub-section (1)

of section 6;

(f) a person of full age and capacity

who, or either of his parents, was

earlier citizen of independent India,

and is ordinarily resident in India

for twelve months immediately

before making an application for

registration;

(g) a person of full age and capacity

who has been registered as an

Overseas Citizen of India

Cardholder for five years, and who

is ordinarily resident in India for

twelve months before making an

application for registration.

Explanation 1.―For the purposes of

clauses (a) and (c), an applicant shall

be deemed to be ordinarily resident in

India if―

Civil Appeal No.5932 of 2023, etc. Page 17 of 25

(i) he has resided in India

throughout the period of twelve

months immediately before

making an application for

registration; and

(ii) he has resided in India during

the eight years immediately

preceding the said period of twelve

months for a period of not less

than six years.

Explanation 2.―For the purposes of

this sub-section, a person shall be

deemed to be of Indian origin if he,

or either of his parents, was born in

undivided India or in such other

territory which became part of

India after the 15

th

day of August,

1947.

(1A) The Central Government, if it is

satisfied that special circumstances

exist, may after recording the

circumstances in writing, relax the

period of twelve months, specified in

clauses (f) and (g) and clause (i) of

Explanation 1 of sub-section (1), up to

a maximum of thirty days which may

be in different breaks.

(2) No person being of full age shall be

registered as a citizen of India under

sub-section (1) until he has taken the

oath of allegiance in the form specified

in the Second Schedule.

(3) No person who has renounced, or

has been deprived of, his Indian

citizenship or whose Indian

Civil Appeal No.5932 of 2023, etc. Page 18 of 25

citizenship has terminated, under

this Act shall be registered as a citizen

of India under sub-section (1) except

by order of the Central Government.

(4) The Central Government may, if

satisfied that there are special

circumstances justifying such

registration, cause any minor to be

registered as a citizen of India.

(5) A person registered under this

section shall be a citizen of India by

registration as from the date on which

he is so registered; and a person

registered under the provisions of

clause (b)(ii) of article 6 or article 8 of

the Constitution shall be deemed to

be a citizen of India by registration as

from the commencement of the

Constitution or the date on which he

was so registered, whichever may be

later.

(6) If the Central Government is

satisfied that circumstances exist

which render it necessary to grant

exemption from the residential

requirement under clause (c) of sub-

section (1) to any person or a class of

persons, it may, for reasons to be

recorded in writing, grant such

exemption.”

(emphasis added)

For applicability of clause (b) of sub-section (1) of Section

5 of the 1955 Act, Pranav will have to establish that he is

a person of Indian origin who is an ordinary resident in

Civil Appeal No.5932 of 2023, etc. Page 19 of 25

any country or place outside undivided India. In view of

explanation 2 to Section 5, a person shall be deemed to be

of Indian origin if (i) he or either of his parents were born

in undivided India or (ii) in any such other territory which

was not part of undivided India, but became part of India

after 15

th August 1947. There is no third category

mentioned in the explanation. If undivided India were to

include India after independence, the legislature would not

have included the category of the person or either of his

parents being born in such other territory which became

part of India after the 15

th August 1947. Section 2(h) of

the 1955 Act provides that “undivided India” means India

as defined in the 1935 Act. If we read “undivided India” as

India as on or after 15

th August 1947, we would be doing

violence to the plain language of the Explanation. We

cannot read something that is not in the provision,

especially when there is no ambiguity in the provision.

Therefore, we cannot read Explanation 2 the way the

learned senior counsel of Pranav wants us to read. Pranav

and both his parents were not born in the undivided India.

His parents were born after independence in independent

India. They were not born in any part of undivided India

or any territory that became part of India after 15

th August

1947. Therefore, Section 5(1)(b) of the 1955 Act has no

application.

Civil Appeal No.5932 of 2023, etc. Page 20 of 25

19. At this stage, it is necessary to refer to Sections 8 and

9 of the 1955 Act, which read thus:

“8. Renunciation of citizenship.― (1) If

any citizen of India of full age and

capacity, makes in the prescribed manner

a declaration renouncing his Indian

Citizenship, the declaration shall be

registered by the prescribed authority;

and, upon such registration, that person

shall cease to be a citizen of India:

Provided that if any such declaration is

made during any war in which India may

be engaged, registration thereof shall be

withheld until the Central Government

otherwise directs.

(2) Where a person ceases to be a citizen

of India under sub-section (1), every minor

child of that person shall thereupon cease

to be a citizen of India:

Provided that any such child may, within

one year after attaining full age, make a

declaration in the prescribed form and

manner that he wishes to resume Indian

citizenship and shall thereupon again

become a citizen of India.

9. Termination of citizenship.—(1) Any

citizen of India who by naturalisation,

registration or otherwise voluntarily

acquires, or has at any time between

the 26th January, 1950 and the

commencement of this Act voluntarily

acquired, the citizenship of anoth er

country shall, upon such acquisition

or, as the case may be, such

Civil Appeal No.5932 of 2023, etc. Page 21 of 25

commencement, cease to be a citizen

of India:

Provided that nothing in this sub -

section shall apply to a citizen of India

who, during any war in which India may

be engaged, voluntarily acquires the

citizenship of another country, until

the Central Government otherwise

directs.

(2) If any question arises as to whether,

when or how any citizen of India has

acquired the citizenship of another

country, it shall be determined by such

authority, in such manner, and having

regard to such rules of evidence, as may

be prescribed in this behalf.”

(emphasis added)

In view of Section 9(1), those citizens of India who

voluntarily acquire citizenship of another Country after the

commencement of the 1955 Act, or between 26

th January

1950 and the date of the commencement of the 1955 Act,

upon acquisition of such citizenship, automatically cease

to be citizens of India. It is not in dispute that Pranav's

parents acquired Singapore citizenship on 19

th December

1998, before his birth when he was in the womb .

Therefore, immediately after the voluntary acquisition of

Singapore citizenship, Pranav’s parents ceased to be

citizens of India by the operation of Section 9(1).

Civil Appeal No.5932 of 2023, etc. Page 22 of 25

20. Section 8(1) will apply if any citizen of India of full age

and capacity makes, in the prescribed manner , a

declaration renouncing his Indian Citizenship. Section

8(1) will not apply to the involuntary cessation of

citizenship by the operation of law as provided in Section

9(1). Section 8(2) will apply only if the minor child's parents

had voluntarily renounced citizenship by making a

declaration. In the facts of the case, on 19

th December

1998, when Pranav’s parents voluntarily acquired citizens

of Singapore, they immediately ceased to be citizens of

India by operation of Section 9(1). Therefore, there was no

occasion for Pranav’s parents to renounce their citizenship

on 20

th April 2012 by the mode provided under Section 8(1)

as they had already ceased to be citizens of India on 19

th

December 1998 when they voluntarily acquired the

citizenship of Singapore. As Pranav’s parents ceased to be

citizens of India, not voluntarily but by the operation of

Section 9(1), Section 8(2) does not apply to Pranav.

Therefore, Section 8(2) will not assist Pranav.

21. In the case of State of U.P. v. Dr. Vijay Anand

Maharaj

3, this Court held thus:

“8. .. .. .. .. .. .. .. .. .. .. .. . . … .. .. . …..

The fundamental and elementary

rule of construction is that the

words and phrases used by the

3

(1962) 45 ITR 414 : 1962 SCC OnLine SC 12

Civil Appeal No.5932 of 2023, etc. Page 23 of 25

legislature shall be given their

ordinary meaning and shall be

construed according to the rules of

grammar. When a language is plain

and unambiguous and admits of

only one meaning, no question of

construction of a statute arises, for

the Act speaks for itself. It is a well-

recognized rule of construction that

the meaning must be collected from

the expressed intention of the

legislature.”

(emphasis added)

The language used in the provisions of the 1955 Act is

plain and simple. Hence, the same should be given

ordinary and natural meaning. Moreover, we are dealing

with a law which provides for the grant of citizenship of

India to foreign nationals. There is no scope to bring

equitable considerations while interpreting such a statute.

As the language of Sections 5, 8 and 9 is plain and simple,

there is no scope for its liberal interpretation. Citizenship

of India cannot be conferred on foreign citizens by doing

violence to the plain language of the 1955 Act.

22. Now, only clause (f) of sub-section (1) of Section 5 of

the 1955 Act survives for consideration. However, under

the said provision, Pranav can apply for Indian citizenship

provided he is an ordinary resident of India for twelve

months immediately preceding the date of application.

There is a power to relax the period of twelve months

Civil Appeal No.5932 of 2023, etc. Page 24 of 25

vested in the Central Government if it is satisfied that

special circumstances exist. That is the provision in sub-

section (1A) of Section 5 of the 1955 Act. We may note here

that it is not the case made out that Pranav fulfils

the criteria in clause (g) of Section 5(1) of the 1955 Act.

23. Therefore, the view taken by the High Court was

completely erroneous as the High Court held that Pranav

had resumed Indian citizenship under sub-section (2) of

Section 8 of the 1955 Act.

24. Some arguments were made that this Court should

exercise its extraordinary jurisdiction under Article 142 of

the Constitution of India. The power under Article 142 is

an extraordinary power which should be exercised to deal

with exceptional circumstances. We do not think that this

case warrants the exercise of power under Article 142 of

the Constitution of India. This Court will have to be very

circumspect when it comes to the exercise of power under

Article 142 for the grant of citizenship of India to a foreign

national.

25. Therefore, the impugned orders in Civil Appeal

No.5932 of 2023 are set aside. Appeal is allowed. Writ

Petition (C) No.123 of 2024 is dismissed. However, this

judgment will not preclude Pranav from appl ying for

citizenship by invoking clause (f) of sub-section (1) of

Civil Appeal No.5932 of 2023, etc. Page 25 of 25

Section 5 of the 1955 Act. It will also be open for him to

apply to the Central Government for the exercise of power

under sub-section (1A) of Section 5 of the 1955 Act of

relaxation of the period of twelve months provided in

clause (f) of sub-section (1) Section 5 of the 1955 Act.

...…………………………….J.

(Abhay S Oka)

...…………………………….J.

(Augustine George Masih)

New Delhi;

October 18, 2024.