Citizenship, often used interchangeably with nationality, pertains to the legal relationship between a person and the State vis-à-vis the reciprocal rights and duties. While there is little to no legislation directly dealing with the idea of dual citizenship in India, the prospect of dual citizenship remains a legal dilemma. The Indian model on citizenship finds reference under two primary pieces of legislation i.e., the Constitution of India, and the Citizenship Act, 1955.
Challenges to Dual Citizenship in India
Legislative barrier – At first glance, the Constitution of India as well as the Citizenship Act, 1955 prohibit the prospect of dual citizenship by automatically terminating Indian citizenship upon obtaining the citizenship of any foreign country.
Threat to National Security - One of the biggest challenges to the implementation of dual citizenship in the Indian subtext is the need to uphold and “protect the sovereignty, unity, and integrity of India”, indicated under Article 51A of the Constitution of India. The implementation of dual citizenship might posit a security threat for India due to multiplicity of loyalties between a citizen of dual nationalities, especially in the backdrop of international relations at times of political hostility and animosity with other States.
Contradictory Laws – The extant framework of laws in India differs greatly in comparison to its counterparts across the globe including certain fundamental rights. The implementation of dual citizenship would have to factor in such legal dissonances to avoid penalisation due to differing legal standards and practices across nations.
Global Perspective on Dual Citizenship
The last few years have witnessed a global migration involving all members of the global diaspora. Indisputably, the prospect of dual citizenship brings about ease of migration while keeping intact one’s cultural and traditional roots.
While countries like China and Japan have remained a conservative stance regarding dual citizenship, a plethora of countries like Switzerland, Peru, Philippines, Greece, United Kingdom, United States, Ireland and so on have fostered a positive attitude towards allowing their citizens to acquire a foreign citizenship while retaining their original citizenship, therefore proving the following benefits:
- Ease of Movement – Dual citizenship provides ease of mobility between countries by removing various bureaucratic elements from international travel.
- Business Opportunities – Dual citizenship provides ease of doing business in more than one country. By circumventing barriers associated establishing a business as a foreign entity, dual citizenship provides better business opportunities.
- Multiple Residences – Dual citizenship also permits property ownership and continued residence in more than one country.
- Enhanced Standard of Living – Dual citizenship allows access to better health care and education facilities, thereby not only providing more opportunities for growth but also enhancing the standard of living by opening the channels for improved health, education and other amenities.
The Middle Ground Solution: Overseas Citizenship of India
In 2003, the Parliament enacted the Citizenship Amendment Act, 2003, introducing the concept of Overseas Citizenship of India (“OCI”) under Section 7 of the Citizenship Act.
The OCI scheme aims to ameliorate the increasing demand for dual citizenship in India while mitigating the concerns associated with dual citizenship in India. The OCI scheme in India is squarely applicable to members of the Indian diaspora, excluding individuals whose parents, grandparents, or great-grandparents are or were citizens of Pakistan, Bangladesh, or any other country that the Central Government may designate through a notification in the Official Gazette.
OCI cardholders have access to a plethora of benefits as enlisted:
- Grant of multi-visit lifelong visas to India.
- Equality in terms of educational, financial, economic, and leisure opportunities compared to Indian citizens.
- Same rights as NRI’s relating to inter-country adoption of Indian children.
- Exemption from reporting to police authorities while residing in India.
- Professional parity with NRI’s pursuing a profession in the medical, legal accountancy, and architectural field.
- Right to purchase and invest in commercial and residential real estate in India.
While the OCI scheme is deemed to be an alternative to dual citizenship in India, it does not confer upon OCI shareholders the rights and privileges ordinarily associated with Indian citizenship. OCI cardholders are not entitled to the following benefits:
- OCI cardholders cannot acquire agricultural land or plantation properties in India.
- OCI cardholders cannot contest for the post of President or Vice President of India under Articles 58 and 66 of the Constitution respectively.
- OCI cardholders cannot be elected as a member of the State Council/Legislative Assembly/Legislative Council.
- Cannot hold other government positions such as member of the Lok Sabha or the Rajya Sabha under Section 3 and 4 of the Representation of The People Act, 1951, as well as membership of the Legislative Assembly or the Legislative Council of a State under Section 5, 5A and 6 of the Representation of The People Act, 1951.
- OCI cardholders cannot be registered as a voter in India.
For more information on the OCI scheme, click here (hyperlink OCI article)
Conclusion:
While the prospect of dual citizenship is far from reality in the Indian sub-text, the OCI scheme promulgated by the Parliament bridges the basic demands of multiple nationality for members of the Indian diaspora and otherwise. Not only does the existing scheme ease travel to India, but it also confers upon OCI cardholders the privileges, concomitant with Indian citizenship.
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