Minor Remains Indian Citizen After Father Became UK National After Child’s Birth
Judgment dated 13.10.2026 of the High Court of Madras at Madurai in Writ Petition (MD) No.25412 of 2026 of Aarush Shanmugam Gurudev vs. The Regional Passport Officer, Madurai.
Sections 8 & 9 Citizenship Act – Minor’s Indian Citizens Continues Even After Father has become UK National.
This petition is instituted on behalf of a minor by his father, N.S. Gurudev Nagaiah Shanmugam. The minor child was born on 23.01.2016. The birth certificate records the name of the father as N.S. Gurudev and that of the mother as G. Raagavi. The place of birth is recorded as the Rainbow Hospital, Swaranapuri, Salem. Passport No. V6071899 was issued to the minor on 05.10.2021 from London. The date of expiry of the said passport is 04.10.2026. After applying for renewal of said passport, the present Writ Petition is instituted.
the respondent relies on sub-section (2) of Section 8 of the Citizenship Act, 1955, to contend that the citizenship of the minor ended upon the father ceasing to be a citizen of India under sub-section (1) thereof.
As can be seen from the text of sub-section (1) of Section 8, said provision is applicable when a person renounces Indian citizenship by making a declaration in the prescribed manner. Said declaration is required to be registered by the prescribed authority thereby resulting in the applicant ceasing to be a citizen of India. Where sub-section (1) applies, sub-section (2) of Section 8 provides that every minor child of the declarant shall cease to be a citizen of India upon the declarant ceasing to be a citizen of India. By contrast, Section 9 deals with a situation where a citizen of India acquires the citizenship of another country by naturalisation, registration or otherwise. 5. In the case at hand, the father of the minor asserts that he became a citizen of the United Kingdom on 07.05.2021. Hence, Section 9 applies to this case, but not Section 8. The acquisition of citizenship by the father after the birth of the child on 23.01.2016. As regards the mother, it is stated that she was a citizen of India both at the time of birth of the child and remains an Indian citizen.
As can be seen from the language of sub-section (1) of section 3, the minor became a citizen of India by birth on account of both his parents being citizens of India at the relevant time. In the absence of statutory sanction, the minor cannot be stripped of citizenship merely because his father acquired the citizenship of the United Kingdom in 2021
