Lok Sabha Question No. 372 (UNSTARRED), answered on 2019-02-05
Subject: Renunciation of Indian Citizenship
Ministry: HOME AFFAIRS
Asked by: ASADUDDIN OWAISI

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 372

TO BE ANSWERED ON THE 05 TH  FEBRUARY, 2019/, MAGHA 16, 1940 (SAKA)

RENUNCIATION OF INDIAN CITIZENSHIP

372.  SHRI ASADUDDIN OWAISI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Government has recently notified the revised form for declaration  of  renunciation  by  Indian  citizen  who  are  also  the  national  of  any other country;
- (b) if so, the details thereof;
- (c) the circumstances which necessitated the Government to revise the rules for renunciation of Indian Citizenship; and
- (d) the difficulties likely to be faced by such applicants due to the revised rules?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)

(a) & (b): Yes Madam. The revised Form XXII for declaration of renunciation of citizenship  by  Indian  citizens  has  been  published  vide  Gazette  notification  No. G.S.R 1049(E) dated 18/10/2018 (published on 22/10/2018). This Form is enclosed as Annexure-I.

(c) & (d): The relevant Rule 23 of The Citizenship Rules, 2009 was amended to bring more clarity and to facilitate the implementation of the Section 8 of The Citizenship  Act  which  deals  with  renunciation  of  Indian  citizenship.  In  the  unamended  Rule  there  was  no  provision  for  verifying  the  correctness  of  the particulars of a declaration made by a renouncer before the prescribed authority. Moreover,  there  was no specific   provision  to grant  a renunciation  certificate

## LS.US.Q.NO.372 FOR 05.02.2019

to the renouncer. The renouncer had to make a declaration before the competent officer designated under Rule 38. However, this declaration had to be registered in  the  Ministry  of  Home  Affairs  which  was  also  supposed  to  maintain  a consolidated register in Form XXIV. The amended Rule 23 (enclosed at Annexure II)  provides  clarity  in  the  matter.  The  prescribed  authority  before  whom  the Indian citizen makes a declaration of renunciation of his citizenship would also register this renunciation after verifying the correctness of particulars etc. The same  authority  would  also  maintain  a  register  of  all  such  declarations  made before  it  wherein  renunciation  certificate  has  been  granted  by  this  authority. This amended Rule would actually facilitate the prescribed authority in disposing of all the declaration of renunciations of Indian citizenship at its level. Therefore, the future renouncers would not face any difficulties in this regard.

## FORM XXII [See rule 23 (1) ] THE CITIZENSHIP RULE, 2009

DECLARATION OF RENUNCIATION  OF  CITIZENSHIP  UNDER  SECTION  8  OF  THE ACT MADE BY A CITIZEN OF INDIA WHO IS ALSO A CITIZEN OR NATIONAL OF ANOTHER COUNTRY.

1. I..........................................................(here insert name and address of declarant) am of full age and capacity and was born at (with Tehsil District, State and Country............ ..........................................................on........................................

2. I have/have not been married.

3. I hereby renounce my citizenship of India.

4. I hereby renounce my citizenship of India and surrender my Indian Passport No...................with date of issue........................................................................

5. Name and full particulars of minor children who are Citizens of India, if any....................................................................................................................... ..................

- 6.

- I am/ was Indian citizen by (Birth/Descent/Registration/Naturalization) .............................................................................................................................. ....................................

7. The circumstances in which/reasons due to which applicant intends to acquire foreign citizenship and renounce Indian citizenship

.................................................................................................................................

I, .................................................... do solemnly and sincerely declare that the foregoing particulars stated in his declaration are true and I make this solemn declaration conscientiously believing the same to be true.

Signature.......................

Made and subscribed this ...................................day of .................20..................before me.

*Signature............................

*Designation.........................

Contd......2

- 1.

Full name........................................................................................................

- 2.

Address...........................................................................................................

3. Profession or occupation.................................................................................

4. Place and date of birth.......................................................................................

5. (Second) Nationality...............................................................................................

6. Single / Married / etc...............................................................................................

7. Name of wife or husband ........................................................................................

8. Name and nationalities of parents............................................................................

9. Name and full particulars of children, if any.............................................................

I,  the  undersigned,  hereby  state  that  I  am  an  Indian  citizen  otherwise  than  by naturalization  that  I  am  householder,  and  that  I  am  not  the  solicitor  or  agent  of ....................................    I  vouch  for    the  correctness  of  the  statements  made  by ................................in his application for ............................................................................

Date...............................

Signature.................................

Name (in BLOCK LETTERS)....

................................................

Full Postal Address................

...............................................

*Signature and designation of the officer authorized under rule 38 of the Citizenship Rules, 2009, before whom the registration, declaration or oath of allegiance is made of taken.

******

Rule 23. Declaration of renunciation of citizenship (1) A declaration of renunciation of citizenship of India under Sub-section (1) of section 8 shall be made by a citizen of India in Form XXII.

(2) On  receipt  of  the  declaration  of  renunciation  of  citizenship  of  India  under sub-rule(1), an acknowledgement in Form XXIII shall be issued by the concerned Authority referred to in rule 38, to the declarant. On being satisfied about the correctness of the particulars of the declaration made  under  sub-rule    (1),  the  declaration  shall  be  registered  by  the  concerned Authority  referred  to  in  sub-rule  (2)  and  a  Certificate  of  Renunciation  of  Indian

(3) citizenship in Form XXIV shall be issued by him to the declarant.

(4) The concerned Authority referred to in sub-rule (2) Shall maintain a register in  Form  XXIV-A  Containing  the  details  of  declarants  whose  declaration  of renunciation of citizenship are registered under this rule.

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## A