The Karnataka High Court has directed the Union Government to clarify the legal framework governing the online submission of applications for Indian citizenship.
While hearing a petition filed by a woman seeking Indian citizenship for her son born in Canada, Justice B.M. Shyam Prasad asked the Centre to place on record the specific notification that requires applicants to file their requests online with the jurisdictional Deputy Commissioner.
The case involves a mother (Roshini B.H.) who is currently residing in India with her son following a marital dispute with her husband in Canada.
- The Goal: The petitioner seeks Indian citizenship for her minor son.
- The Hurdle: The Deputy Solicitor General (DSG), appearing for the Centre, submitted that the mother cannot simply bypass the established procedure. He argued that she must file an online application with the jurisdictional Deputy Commissioner, which would then be forwarded to the Ministry of Home Affairs for processing.
- The Court's Direction: To ensure clarity, the Court directed the DSG to produce the relevant notification on the next date of hearing, February 19, which mandates this online procedure.
Beyond the procedural aspect, the petition also raises a significant constitutional challenge. The mother has sought a declaration that Section 14 of the Citizenship Act, 1955 is unconstitutional.
What is Section 14? Section 14 grants the Central Government the "absolute discretion" to grant or refuse an application for citizenship (under Sections 5 and 6) without assigning any reasons for the refusal. The petitioner argues that this provision prevents her son from obtaining citizenship fairly.
In the interim, the mother has also sought protection against any "precipitative action" by authorities based on an order from the Superior Court of Justice, Ontario (Canada), likely related to the custody or status of the child.
This case highlights the procedural complexities faced by Indian parents with foreign-born children, especially during international matrimonial disputes. The Court's upcoming hearing will likely clarify whether the online application route is the only valid method and may touch upon the government's discretionary powers under the Citizenship Act.