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The Allahabad High Court recently came to the aid of a Finland national seeking Indian citizenship to be able to spend rest of his life in Vrindavan, Mathura. In April 2015, One Giri Kristian Csiszar had applied for grant of Indian citizenship by naturalisation, however, the same got stuck due to a legal technicality. 

Csiszar, who was living in India since 2001, had alleged that he has inculcated the Indian cultural and spiritual preaching in his inner heart and is attracted to the life so led by Lord Krishna, therefore, he has made up his mind to reside in India for the rest of his life.

For this purpose, Csiszar had applied before the competent authorities in India for grant of Indian Citizenship. However, the Indian authorities insisted on furnishing a 'Finnish citizenship renunciation certificate' issued by the Finnish Immigration Services with Csiszar's application for grant of Indian citizenship on the ground that the Constitution of India does not allow dual citizenship.

On the other hand, the Finnish Immigration Service had decided to release Csiszar from Finnish citizenship as of the date when he receives Indian citizenship. As a result, Csiszar got stuck in a situation where he could end up being a citizen of nowhere. 

In a writ petition, filed last year, Csiszar's counsel had argued that the stand taken by the Indian authorities that renunciation of foreign country citizenship is a prerequisite for processing and grant of Indian citizenship by naturalisation is contrary to the statutory enactment in as much as per the Third Schedule under Section 6(1) of the Citizenship Act, 1955 relating to qualification for naturalisation.

He had averred that the prerequisite as stated under Clause-(b) of the section stands substituted via an amedment w.e.f. December 3, 2004, and now for the citizenship by naturalisation, an applicant need not renounce the citizenship of the foreign country because, in view of the amendment, only an undertaking to renounce the citizenship of the foreign country is required for the application for Indian citizenship to be accepted.

He had also apprised the Court that except for the 'renunciation certificate', Csiszar had fulfilled all the formalities and right from the very inception, he was maintaining the consistent stand that in case citizenship of India is being offered to him then he would renounce his citizenship of Finland. In this regard, Csiszar had submitted an undertaking also. 

Agreeing with the submissions, which were undisputed by the respondent Indian authorities too, Court disposed of Csiszar's writ petition with a direction that he shall approach the competent authority within four weeks from the date of the order, who shall apprise him of the formalities which are yet to be completed as per the provisions contained under the Citizenship Act, 1955 and the Rules of 2009 as amended from time to time.

Court directed that after completion of the formalities, the competent authority shall consider the matter and pass a reasoned and speaking order in the light of the observation so made hereinbefore for the grant of citizenship of India by naturalisation.

Case Title: Giri Kristian Csiszar v. Union Of India Through Its Ministry Of Home Affairs And 4 Others