Apex Court questions High Court's interpretation of "person of Indian origin" under Citizenship Act, 1955
In a significant ruling, the Supreme Court of India has set aside a decision by the Division Bench of the High Court regarding the determination of "person of Indian origin" status under the Citizenship Act, 1955. The case, Rachita Francis Xavier v. Union of India, was heard by Justices J.B. Pardiwala and K.V. Viswanathan, who found that the High Court had erroneously assessed the petitioner's status without addressing the core issues of the controversy.
The petitioner, Rachita Francis Xavier, challenged the High Court's observation which negated her status as a person of Indian origin. The High Court had earlier overturned the findings of a Single Judge, who ruled in favor of the petitioner, affirming her Indian origin status.
The Supreme Court, after hearing arguments from Mr. Bharadwaj S., counsel for the petitioner, highlighted that the High Court's interpretation was flawed as it ignored the relevant provisions of the Citizenship Act, specifically Section 5(1)(f) and 5(4). The court emphasized that the Act provides for citizenship by registration for individuals whose parents were citizens of independent India, provided they reside in India for a year before applying.
Furthermore, the Supreme Court noted that the High Court's determination of the petitioner's status was not pertinent to the main issue in dispute. The court also acknowledged an additional contention regarding the declaration of status as in rem, which will be considered further.
The Supreme Court has issued a notice for further proceedings, scheduled for January 30, 2026, allowing for additional service of notice as per the petitioner’s request.
This ruling underscores the importance of precise interpretation of citizenship laws and sets a precedent for cases involving the determination of Indian origin status under the Citizenship Act, 1955.
Statutory provision(s): Citizenship Act, 1955 Section 5(1)(f), Section 5(4)
Rachita Francis Xavier v. Union of India, (SC) : Law Finder Doc Id # 2840472
