On Wednesday, the Delhi High Court declined to entertain a PIL requesting the grant of dual citizenship to members of the Indian diaspora who currently hold citizenship in another country.

The division bench, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, noted that this matter falls under the jurisdiction of Parliament and is not for the court to adjudicate or issue directives on.

The PIL, filed by the organization Pravasi Legal Cell, argued that according to current Indian law, an individual's Indian citizenship is automatically forfeited upon acquiring a foreign passport. The petitioner's counsel referenced a recent statement by the Union External Affairs Minister, who described dual citizenship as an "alive debate."

However, the bench noted that their hands are tied by Article 9 of the Constitution of India, which addresses the voluntary acquisition of foreign citizenship, and Section 9 of the Citizenship Act, which pertains to the termination of citizenship.

“We can't ask them to take a call on this. They have to see national security...it has wide ramifications,” the court remarked, adding that the issue has to be taken by the Parliament of India and no one else.

“The parliament is in session. Don't tell us there is no mechanism where you can't raise this issue their through an MP. And Minister has said they are alive of the matter, let them decide,” the court said.

As a result, the plea was dismissed as withdrawn. The petition had argued that granting dual citizenship would lead to significant contributions from the Indian diaspora in areas such as investment, trade, tourism, philanthropy, education, and the arts in India.

In August of the previous year, the petitioner organization had submitted a representation to the authorities requesting similar relief. The plea alternatively sought a directive for the authorities to consider the representation.

“It is submitted that while Article 11 allows Parliament discretion in questions of citizenship, it must be understood to contain some implied limitations on the use of such discretion. At present nearly 130 countries provide Dual citizenship. Among few countries provide dual citizenship with few restrictions. Most of the countries among the 130 countries are developed and developing countries,” the plea read.

The plea also argued that denying dual citizenship to a substantial number of Indians living abroad creates an obstacle to the exercise of cultural rights guaranteed under Article 30 of the Constitution of India.

The organization further contended that granting dual citizenship would not only enable the Indian diaspora to make more substantial contributions to Indian society but also "foster a stronger sense of belonging and engagement" with their cultural identity.

“…without dual citizenship, many members of the diaspora may hesitate to invest or engage in entrepreneurial ventures in India due to uncertainties surrounding their legal status and rights. By granting dual citizenship rights, India can leverage the expertise and capital of its diaspora to stimulate innovation, create employment opportunities, and bolster economic progress,” it read.