Hello,
You have file a writ challenging their decision before the High Court.
Regards
I've been having some issues with trying to get an OCI card, where the state government of Delhi won't issue me a Nativity Certificate despite my grandfather being, I believe, an Indian citizen. He was in India from 1942 to mid-1950 working in the civil service for the Indian government. When I looked at the 1949 constitution, article 5c states that anyone residing in India on 25th January 1950 who had been present in India for 5 years preceding is judged to be an Indian citizen. Therefore that should mean both my father and I are eligible for overseas citizenship. So far both the Delhi government and High Commission for India have disagreed and I don't know what to do about it.
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In this case, you'll have to file a writ petition before the High Court under Article 236 of the Indian Constitution as all the other legal remedies at your disposal have already been exhausted. Therefore, approaching High Court is the only option.
Also state as to where your grandfather was born?
Citizen ship by descent can be obtain if either of your parent was citizen of India and not grand parent.
What are the reasons they have stated in their refusal letter. File an appeal to the higher authorities and igmf they refuse too then file a writ petition in the high court.
Do you have any proof or substantial evidence of your grandfather worked in the civil service in India during the said period.
Do you have the proof to prove your relationship with your grandfather?
The article referred by you is given below:
Article Five: Citizenship During the Commencement of the Constitution
During the commencement of the Indian Constitution, each person who has his or her domicile in the territory of India and :
(a) who was born in the Indian territory; or
(b) either of whose parents was born in the Indian territory; or
(c) An individual who has been ordinarily resident in the Indian territory for at least 5 years immediately preceding such commencement, shall be a citizen of India.
Whereas the other article sttes thsu:
Article Eight: Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India
The eighth article reads that any person who or either of whose parents or grandparents were born in India as stated in the Government of India Act 1955 and who is residing ordinarily in any country outside India shall be considered to be a citizen of India.
If he has registered as a Citizen of India by an Indian diplomatic or consular representative in that country on an application made by him or her in the prescribed document form to such diplomatic or consular representative, whether before or after the commencement of the Constitution.
Thus you may verify if your grandfather's citizenship was that of Indian or different when he migrated to a different country.
Because article 9 says:
Article Nine: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be Citizens
According to article 9, the Constitution of India does NOT allow dual citizenship, i.e., holding Indian citizenship and citizenship of a foreign country simultaneously.
So first you may ascertain the facts and collect documentary evidences and then make a representation to the Indian embassy at your country of residence.
Hello,
See if evidence of grand father presence in India are there at that point a petition before the High court can be preferred against the government seeking direction for the OCI card .
It is necessary to peruse correspondence exchanged by you with high commission and Delhi govt
2) you can file RTI application as to why your application for OCI card has been rejected
3) file writ petition in HC to direct govt to consider your application for OCI card
1. Start with filing a proper application with supporting documents and justifications, to the High Commission. They would have to pass orders rejecting your application by providing relevant reasons for refusing to grant OCI.
2. Based on said Order, appeal further before the next higher authorities /court, for review. You "might" get success.
Dear Sir/Madam,
You are suggested to approach the external affair ministry of India with humble application and request to solve the things.
Hi
You can opt to file a specific performance suit on the basis of your grandfather being the civil servant in Indian Government.
There is directly a point that Only an Indian Citizen can join the civil services in India.
Thanks
Further, Delhi Government & High Commission are bound to give explanation as to why they disagree.
Best option for you is to file an application under RTI Act with regard to seeking details as stated in your post.
In case if the same is refused / not responded. You can file writ petition in the court seeking the direction to comply with your request.