Dual Citizenship

Dual Citizenship

External Affairs Minister of India acknowledged the challenges of granting dual citizenship to Indians abroad.

What is Dual Citizenship?

  • Dual citizenship means an individual is legally recognized as a citizen of two or more countries simultaneously, based on the respective laws of those countries.
  • There is no global standard for determining citizenship, and laws governing citizenship vary from country to country, sometimes conflicting with one another.
  • Examples of countries allowing dual citizenship: The United States, the United Kingdom, and Australia
  • Rights of Dual Citizens
    • A person with dual citizenship enjoys the rights associated with citizenship in both countries, including:
      • The right to hold a passport.
      • The right to reside, work, and own property in both countries.
      • The right to vote and participate in political processes.

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Benefits of Dual Citizenship Cons of Dual Citizenship
  • Ease of Global Mobility
    • Some passports restrict travel to specific countries, requiring additional visas.
    • A second passport increases travel flexibility and removes bureaucratic hurdles.
  • Business Opportunities
    • Dual citizenship simplifies business transactions and opens up economic opportunities in the second country.
  • Security
    • A second passport provides a backup plan in case of political, economic, or social instability in one’s home country.
  • Enhanced Quality of Life
    • Dual citizens may gain access to better healthcare, education, and overall lifestyle benefits in the second country.
  • Divided Loyalties: It can cause conflicting allegiance in times of international tension. 
  • Complex legal obligation: dual citizens are subject to laws and regulations of both the nations. 
    • It can comprise tax obligations and  military service requirements. 
  • Security concerns: There can be an issue of security concern if any individual from an enemy nation holds citizenship.  
  • Exploitation of resources:  Dual citizenship may give people the right to take economic benefits from both nations without full commitment.
    • It can lead to exploitation of resources. 
  • Diplomatic issues: Contradictory rules of disputes with respect to dual citizenship can create tension between the countries involved. 

India’s Stance on Dual Citizenship

  • Indian Context
    • The Indian Constitution does not allow dual citizenship.
    • Under the Passports Act of 1967:
      • Indian citizens must surrender their passports upon acquiring foreign nationality.
      • India then offers an Overseas Citizen of India (OCI) status to individuals of Indian origin who acquire foreign citizenship.
        • It provides various benefits but not full political rights.
        • OCI is mentioned in Section 7A of the Citizenship Act, 1955.
        • OCI Benefits
          • OCI cardholders enjoy benefits such as:
            • Visa-free travel to India.
            • Permission to work and reside in India.
            • Economic privileges similar to Indian citizens, except for voting and holding public office.

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Non-Resident Indians (NRIs)

  • NRIs are Indian nationals holding Indian passports.
  • They have all rights of Indian citizens except the right to vote abroad. 
  • They retain Indian citizenship and are governed by Part II of the Constitution (Articles 5-11). 
  • NRIs can register to vote in India under the Representation of the People Act, 1950, but they must be physically present in their constituency to vote

People of Indian Origin (PIOs)

  • PIOs are not Indian nationals and do not have political rights in India.

Difference 

Feature NRI (Non-Resident Indian) PIO (Person of Indian Origin)
Citizenship Indian Citizen Citizen of another country
Residency Resides outside India for an extended period Foreign national of Indian origin
Legal Status Retains Indian citizenship Not an Indian citizen
Voting Rights Eligible to vote in Indian elections Not eligible to vote in Indian elections
Public Office Eligible to hold public office in India Not eligible to hold public office in India
Visa Requirements Generally requires a visa to visit India Can visit India visa-free for a certain period
Property Rights Can own and purchase property in India Can own and purchase most types of property in India
Investment Rights Can invest in India Can invest in India with some restrictions
Taxation Taxed on income earned in India Taxed according to their country of residence

Additional reading: Citizenship, Dualcitizenship

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