New Delhi: The Delhi High Court on Wednesday refused to entertain a Public Interest Litigation (PIL) seeking direction to the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA) to take appropriate steps to allow dual citizenship for the Indian Diaspora currently holding citizenship in foreign countries.

The bench, led by acting Chief Justice Manmohan and also comprising Justice Tushar Rao Gedela emphasised that the court cannot make decisions on this matter and upheld that current laws do not support dual citizenship, adding that this is a policy matter and falls under the jurisdiction of Parliament.

The court even refused to pass any direction to the respondents authorities to decide the petitioner’s pending representation. Noting the court’s observation, the petitioner’s counsel decided to withdraw the plea from the court.

Plea was moved by Pravasi Legal Cell, an NGO working for the welfare of migrants. Advocate Robin Raju stated that the Indian Diaspora, many of whom were born in India but moved abroad for employment or business, has raised concerns that Indian citizenship is automatically forfeited upon acquiring foreign citizenship.

They argue that this forfeiture is not due to a renunciation of loyalty but rather for practical reasons. The Diaspora believes that allowing dual citizenship could significantly benefit India through increased investment, trade, tourism, philanthropy, education, and cultural contributions.

Plea stated that in 2002, a High Level Committee under the chairmanship of LM Singhi recommended, inter alia, the feasibility of dual citizenship. In 2003, The Citizenship Amendment Act, 2003 allowed for the registration of OCIs.