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Delhi High Court: Citizenship Act Prevails Over Passport Manual
The Business Guardian
|March 25, 2024
The Delhi High Court in the case Akshar Reddy Vanga And Anr. Represented By Subba Reddy Vanga v. Union of India And Ors. stated that the Citizenship Act, 1955, which prevails over the Passport Manual of 2020.
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The court in the case observed that a subordinate legislation cannot override the parent legislation.
The bench headed by Justice Subramaniam Prasad in the case observed and has allowed the petition moved by two minor children against the authorities' decision to cancel their Indian passports and not reissuing the same.
Therefore, the court observed that parents of the children were Indian citizens by birth who later migrated to USA. Thus, the father continued to be an Indian citizen whereas the mother acquired US citizenship as it is being stated under Section 9 of the Citizenship Act.
Therefore, the children sought a direction on the authorities in order to issue free Indian passports to them.
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