Recently at an event in December, The External Affairs Minister of India said there are a lot of challenges in providing dual citizenship to Indians settled abroad.

What is Dual Citizenship?

• Dual citizenship, or multiple citizenship, is when a single person is legally recognized as a citizen of two or more countries at the same time.
  • India does not agree  granting of Dual citizenship whereas United States of America allows the concept of Dual citizenship 

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Difference  Between NRIs and PIOs and OCI

• NRI: An Indian citizen or a foreign citizen of Indian origin who has stayed abroad for employment/carrying out business or vocation for 182 days or more or under circumstances indicating an intention for an unknown duration of stay abroad is a Non-Resident Indian (NRI).
• PIO: People of Indian Origin (PIOs), on the other hand, are not Indian nationals and, therefore, lack political rights in India. This category has been stopped now 
  • They can, however, access economic benefits and are eligible for Overseas Citizenship of India (OCI) cards, which offer some privileges but do not include political rights such as voting. 
• OCI: The Scheme provides for registration as Overseas Citizen of India (OCI) of all Persons of Indian Origin (PIOs) who were citizens of India on 26th January, 1950.
  • OCI card holders can purchase residential and commercial properties in India. But they are not permitted to purchase agricultural land, including farmland or any kind of plantation property.
  • The OCI Cardholder is not entitled to vote, be a member of Legislative Assembly or Legislative Council or Parliament, cannot hold Constitutional posts such as President, Vice President, Judge of Supreme Court or High Court etc.

Constitutional and Legal Perspectives

• Definition of Citizenship: The Indian Constitution defines citizenship in Part II, particularly in Article 5, which specifies citizenship based on birth, parentage, or residence.
• Distinction:  There is a clear distinction between domicile and citizenship; a person may reside in India but not necessarily be a citizen.
  • This distinction was emphasized by the Supreme Court in DP Joshi vs Sate of Madhy Bharat in 1955.
• Citizenship Amendment Act of 2019: The Citizenship Amendment Act of 2019 allows expedited citizenship for minorities from neighboring countries but does not signify a move toward dual citizenship.

Issues Associated with Dual Citizenship

• Divided Loyalties: Granting dual citizenship could enable individuals to hold political rights in India while maintaining allegiance to another country, potentially leading to conflicting loyalties.
• Threat to National Sovereignty: Political participation by dual citizens risks undermining national sovereignty, especially if foreign interests influence internal decisions.
• Commitment to Indian Citizenship: India upholds the principle that individuals must renounce foreign citizenship to acquire Indian citizenship, ensuring loyalty and dedication to the nation. 
  • Even countries with more flexible policies, like the U.S., impose restrictions on dual citizenship for high-ranking positions to safeguard commitment to their political processes.
• Detached From Ground realities: Granting voting rights to Overseas Citizens of India (OCI) presents practical challenges, as many OCIs are detached from the ground realities of India’s political and social landscape.
  • Living abroad often limits their understanding of local issues, governance challenges, and the nuances of regional dynamics.

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Conclusion

While dual citizenship appeals to the Indian diaspora, the government avoids it due to concerns over sovereignty, security, and administrative complexities. The OCI card serves as a middle ground, maintaining diaspora ties without compromising national interests. India remains cautious, with no plans to permit dual citizenship.

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