If PIL is disposed already you need to file review in the said court for the same
Dual Citizenship/Citizenship Amendment Act 2004
I am seeking to support the PIL on dual citizenship, filed by S Venkat Narayan and subsequently disposed by Supreme Court of India (Case no: W.P.(C) No. 000097 / 2015). I am an aggrieved party. I am seeking advice on how to proceed forward.
Asked 5 years ago in Constitutional Law
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18 Answers
I am also looking for recommendations on advocates interested in taking up my case (either reviewing same PIL or a different case). I am happy to disclose more details on why I am an aggrieved party. I am an NRI and have a daughter born in USA in 2019. We registered her as citizen of India in the Indian consulate and she has Indian Passport. However, by birth she is a citizen of USA and cannot renounce her USA citizenship until she is 18. This now makes dual citizen but Indian constitution does not recognize dual citizenship. Hence my case.
Asked 5 years ago
You can engage any lawyer practising in SC in this regard
Eighty-five countries in the world offer dual citizenship.
India does offer something called the “Overseas Citizen of India” card. Yet, these “overseas citizens” are not citizens because India doesn’t have the option of dual nationality.
The OCI status amounts to partial citizenship. It removes all barriers to entering, exiting, living and working in India. What it doesn’t allow is the right to vote.
Contact any lawyer practising in SC in this regard
Yes, I am asking for unrestricted rights, equal to full citizenship by striking out the restrictions in the Citizenship Amendment act. I am not sure how to contact/engage a lawyer practising in SC. Since I am overseas, I don't know how/whom to reach. Any advice in this regard is super helpful. If there are recommendations on lawfirms/practising lawyers, please suggest. I am also currently a student, so I am also worried about the exorbitant fees.
Asked 5 years ago
Fee depends on particular advocate.
You could contact the Advocates on record from the web portal.
Its true that Indian system doesn't recognizes dual citizenship
What are your grievances.
You discuss your problem so that you will get some solutions.
You want to challenge the Indian law?
The citizenship amendment act is already on turmoil in India.
Well you can choose a lawyer of your choice from this forum or in the local and approach court with the desired PIL seeking relief by venting out your grievances and hardships you face.
You can choose a lawyer from this forum who practice law at supreme court or you can contact any lawyer known to you who may be able to guide you on this.
1. If the PIL has been disposed then the lis does not survive anymore in the court.
2. You may file an application for contempt if any directions issued by the SC have been flouted.
You are free to consult any lawyer from this portal if you wish to seek any remedies before the SC.
I being a practitioner in supreme court as well do have expertise in such matters.
If you share with me further details which are lacking in your query on many counts then further resolution for your problem can be given.
You would not be granted un restricted rights equal to full citizenship rights
litigation is long drawn and expensive proposition
you can check on the website for lawyers practising in SC in Delhi
For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. We can discuss
Being a student may not help you to ge the fee reduced
Dear Sir,
This is the right forum for clarifying any doubt or ask some question and not for engaging any counsel because no advocate can come forward for taking case from this mode of question/answer. The other forum i.e. talk to lawyer will be right forum to engage any advocate of your choice and you will be assisted accordingly.
Bill introduced to allow dual citizenship for Indians. An Indian parliamentarian has introduced a Bill in the country's parliament to allow dual citizenship for foreign nationals of Indian origin.
India does not allow dual citizenship, with the exception of minors who have a second nationality involuntarily. And It is a conscious provision of law given to a minor so that he/she can decide within six months of completing 18 years of age as to whether he/she prefers Indian citizenship.
Your knowledge is not correct, Till she attains majority, will enjoy dual citizenship.
- The Section 12 of the Citizenship Act 1955, which was the basis of Dual Citizenship/Nationality has been deleted by the Parliament after passing the Citizenship Amendment Act 2004.
- Hence, the Constitution of India prevents Indian citizens from holding dual citizenship.
- Further , as per Indian Law, the Overseas Citizenship of India is not actual citizenship of India , as it has many limitations such as no right to vote, no right to hold constitutional offices, and no right to buy agricultural properties.
- Further, as a child born in the US will be issued a birth certificate there , and will become a US citizen, and till the age of 18 cannot avail the right of India like a general citizens of India , and hence that child will have to decide after attaining 18 years age , whether want to continue as US citizen or to select Indian nationally.
- Since, the mentioned famous case has already disposed off , hence being aggrieved by the decision , you can file Review Petition before the Supreme Court of India .
there are number of lawyers in this website from delhi having good ratings . you can check their profile on the website as to whether they practise in supreme court Or not.
1. You can file a review petition as aggrieved party but it will be better to go for a fresh PIL.
2. I can help you to get in touch with an advocate on record from supreme court who can contest your case in supreme court.
