Kiran Gupta v The State Election Commission & Ors letters patent appeal no. 139 of 2020 in civil writ jurisdiction case no. 19109 of 2019, Patna HC

Yadav, Aashish (2021) Kiran Gupta v The State Election Commission & Ors letters patent appeal no. 139 of 2020 in civil writ jurisdiction case no. 19109 of 2019, Patna HC. Jindal Global Law Review, 12 (1). pp. 205-214. ISSN 23644869

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Abstract

On 12 October 2020, the High Court of Judicature at Patna pronounced the judgment in Kiran Gupta v The State Election Commission & Ors.1. The central question in this case was whether Kiran Gupta was an Indian citizen. The issue came up before the Patna High Court when her citizenship was challenged, after she was elected a mukhiya (head) of the gram panchayat (village council) at her village of residence in Bihar, India. Although the judgment was ultimately not decided in favour of the original petitioner, Kiran Gupta, it addressed the legal limbo of the status of her nationality and envisaged solutions to remedy her statelessness. The court sensitively examined the situation and tried to ensure that she did not remain trapped in statelessness. The judgment also demands attention because it takes cognisance of India’s international legal obligations on nationality and statelessness. The court’s holding elucidates the compelling need to reform the Indian citizenship framework so that persons like Kiran Gupta do not inadvertently slip through the gaps.

Item Type: Article
Keywords: Kiran Gupta v The State Election Commission & Ors | Indian citizenship framework | Patna High Court
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 22 Dec 2021 07:25
Last Modified: 08 Apr 2022 11:21
Official URL: https://doi.org/10.1007/s41020-021-00145-6
Additional Information: The author would like to thank Andrea Marilyn Pragashini Immanuel and Arunima Nair for their suggestions.
URI: https://pure.jgu.edu.in/id/eprint/321

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