Dual Citizenship in India: A Complex Debate
Context:
External Affairs Minister S. Jaishankar recently remarked on the challenges of providing dual citizenship to Indians settled abroad. While acknowledging the significance of the Overseas Citizenship of India (OCI) framework, he emphasized that the debate on dual citizenship remains unresolved. His comments have sparked discussions on the practicality and implications of such a move.
Differentiating Between NRI, PIO, and OCI
- Non-Resident Indian (NRI): NRIs are Indian nationals holding Indian passports who reside abroad for work, education, or other purposes. They retain full political rights in India but must return to India to exercise their right to vote, although some arrangements have been proposed to facilitate remote voting.
- Person of Indian Origin (PIO): PIOs are individuals of Indian ancestry but who are citizens of other countries. Historically, they held PIO cards that provided economic and travel-related benefits but not political rights. The PIO card scheme was merged with the OCI card system.
- Overseas Citizen of India (OCI): OCI cardholders enjoy extensive privileges, including lifelong visas and economic rights in India. However, the term “citizen” in their designation is misleading as they do not hold any political rights, including the right to vote or contest elections. The distinction between PIO and OCI remains largely symbolic, with no significant changes in the rights conferred.
Domicile vs. Citizenship
The Supreme Court in D.P. Joshi v. State of Madhya Bharat (1955) clarified the distinction between domicile and citizenship. While domicile refers to a person’s permanent residence, citizenship entails a political relationship with the state, including rights and duties. One may be domiciled in India without being a citizen.
Global Citizenship and the “Comprador Class”:
- Proponents of dual citizenship often highlight the concept of global citizenship, advocating for fluid borders and shared responsibilities.
- However, Marxists critique this as creating a “comprador class”—a group acting as intermediaries for foreign powers. Such individuals, with vested interests in multiple nations, might undermine India’s independence and integrity.
Constitutional Provisions on Citizenship:
- The Indian Constitution, under Part II (Articles 5-11), defines citizenship criteria, including citizenship by birth, descent, registration, and naturalization.
- Citizenship laws were amended in 2019 through the Citizenship Amendment Act, providing a fast-track mechanism for specific minorities from neighboring countries.
- The Constitution does not recognize dual citizenship, and acquiring foreign citizenship results in automatic relinquishment of Indian citizenship.
Issues with Dual Citizenship: Divided Loyalty
- Dual citizenship poses risks of divided loyalty, where individuals owe allegiance to two nations. Critics argue that granting political rights to dual citizens could lead to conflicts of interest and dilute the sovereignty of Indian political processes.
- Dual citizenship could enable foreign influence in domestic affairs, threatening national security and political stability.
Should Dual Citizenship Be Offered to Certain Sections?:
- Instances like Indian-origin individuals being elected to the U.S. House of Representatives spark debates on whether select groups, such as highly skilled professionals or global leaders of Indian origin, should be granted dual citizenship.
- Critics warn this could lead to instrumental citizenship—where loyalty is driven by convenience rather than genuine allegiance to India.
Countries Offering Dual Citizenship
Many nations, including the U.S., Canada, Australia, and the U.K., recognize dual citizenship. These countries allow individuals to hold multiple nationalities, providing political and economic rights in each. However, certain restrictions apply; for instance, the U.S. mandates natural-born citizenship to become its President, exemplifying limitations within its flexible framework.
Pros and Cons of Providing Dual Citizenship:
Pros
- Strengthened Diaspora Engagement: Encourages deeper ties between India and its global diaspora.
- Economic Benefits: Potential for increased investments, remittances, and technology transfers.
- Bilateral Relations: Diaspora’s enhanced role in fostering international ties.
Cons
- Divided Loyalty: Risks of foreign influence in domestic affairs.
- Political Manipulation: Potential misuse of political rights by dual citizens.
- Administrative Challenges: Complexity in monitoring and managing dual citizens.
Key Impacts of Providing Dual Citizenship:
- Political Influence: Empowering dual citizens could alter India’s political landscape.
- National Security: Vulnerability to external interference and espionage.
- Economic Integration: Increased investments and cross-border trade opportunities.
- Cultural Exchange: Enhanced global presence of Indian culture and traditions.
