• Was my grandfather an Indian Citizen?

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.
Asked 5 years ago in Constitutional Law

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15 Answers

Hello,

You have file a writ challenging their decision before the High Court.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

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?

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Citizen ship by descent can be obtain if either of your parent was citizen of India and not grand parent.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File Writ Petition before Delhi High court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file writ petition in High court and take the directions for the same

Prashant Nayak
Advocate, Mumbai
34513 Answers
249 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89975 Answers
2491 Consultations

Hello, 

  1. If you meet the criteria and are eligible and the concerned government refuses to issues you the bedrock certificate and citizenship, you must approach the court to get a direction for the government to act. 
  2. You should engage a lawyer in Delhi and file a Writ petition. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

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 .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99774 Answers
8145 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir/Madam,

You are suggested to approach the external affair ministry of India with humble application and request to solve the things. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You should file writ petition before High court of Delhi against High Commission of New Delhi.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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