New Delhi: The Delhi High Court has said that the Citizenship Act of 1955 supersedes the provisions outlined in the Passport Manual of 2020, affirming that subordinate legislation cannot override primary legislation.
Justice Subramaniam Prasad delivered the verdict in response to a plea filed by two minor children challenging the authorities’ decision to revoke their Indian passports and refusing to reissue them.
The children, born to Indian parents who later migrated to the US, sought the court’s intervention to compel the authorities to issue them Indian passports free of charge.
Their father retained his Indian citizenship, while their mother acquired US citizenship under Section 9 of the Citizenship Act.
Justice Prasad ruled in favour of the children, saying that they fulfilled the criteria outlined in Section 4(1)(A) of the Citizenship Act, which stipulates that a minor holding citizenship of India and another country must renounce the citizenship of one country within six months of reaching adulthood to retain the Indian citizenship.
Highlighting the government’s position, the court referenced a circular issued in February 2011, which acknowledged that minors may hold dual citizenship until they reach the age of majority and decide to renounce one citizenship.
The court underscored that even the government recognised a minor’s entitlement to an Indian passport and the option to renounce foreign citizenship to maintain Indian nationality.
Moreover, the court noted that the Passport Manual of 2020, cited by the authorities to justify their decision, contradicted the Citizenship Act.
It said the subordinate legislation cannot override the primary legislation, asserting the supremacy of the Citizenship Act over the Passport Manual.
Consequently, the court concluded that there was no legal impediment to granting the petitioners’ request, thereby allowing the writ petition.
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