Case Note & Summary
The petitioners, Aisha Malik (aged 17) and Ahmed Malik (aged 14), are children of an Indian mother, Smt. Ameena Rahil, and a Pakistani father, Sri Assad Malik. They were born in the United Arab Emirates (UAE) and currently reside in Bengaluru, India. Due to incompatibility between their parents, the mother returned to India with the children. The petitioners, through their mother as natural guardian, filed a representation dated 05-05-2022 before the respondents seeking issuance of passports and grant of Indian citizenship. When the representation was not considered, they approached the High Court of Karnataka under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the respondents to consider their representation. The court heard the counsel for the petitioners, the Central Government Counsel for respondents 1 and 3 (Union of India and Ministry of External Affairs), and the Additional Government Advocate for respondent 2 (Deputy Commissioner, Bengaluru Urban District). The court observed that the petitioners' mother is an Indian citizen and the father is a Pakistani national. The court noted that the petitioners are minors and their mother is their natural guardian. The court directed the respondents to consider the petitioners' representation dated 05-05-2022 in accordance with law, within a period of eight weeks from the date of receipt of a copy of the order. The court clarified that it had not expressed any opinion on the merits of the case and that the respondents shall pass appropriate orders uninfluenced by any observations made in the order. The writ petition was disposed of accordingly.
Headnote
A) Citizenship Law - Citizenship by Descent - Section 3(1)(a) of Citizenship Act, 1955 - Minor's Right - The petitioners, born abroad to an Indian mother and a Pakistani father, sought citizenship and passport. The court held that the respondents must consider the representation of the petitioners through their mother, natural guardian, for grant of citizenship and passport in accordance with law, without being influenced by the father's nationality. (Paras 1-10) B) Constitutional Law - Writ of Mandamus - Articles 226 and 227 of Constitution of India - Consideration of Representation - The court directed the respondents to consider the petitioners' representation dated 05-05-2022 within a specified period, as the petitioners had a legitimate expectation that their application would be processed fairly. (Paras 1-10)
Issue of Consideration
Whether the petitioners, children of an Indian mother and a Pakistani father, are entitled to citizenship of India and issuance of passport, and whether the respondents are obligated to consider their representation in accordance with law.
Final Decision
The writ petition is disposed of directing the respondents to consider the petitioners' representation dated 05-05-2022 in accordance with law within eight weeks from the date of receipt of a copy of the order. No opinion on merits expressed.
Law Points
- Citizenship by descent
- Passport issuance to minors
- Natural guardian's authority
- Right of minor to apply for citizenship
- Consideration of representation under Articles 226 and 227
