WHY DOES INDIA NEED DUAL CITIZENSHIP?

THE CONTEXT: Dual citizenship refers to an individual’s simultaneous legal recognition as a citizen of two countries, granting them rights and responsibilities in both nations. In the context of globalization, it facilitates stronger diaspora engagement, economic investments, and cultural diplomacy. In India, the debate on dual citizenship remains contentious, as highlighted by External Affairs Minister S. Jaishankar in December 2024, who acknowledged challenges in its implementation while emphasizing the Overseas Citizenship of India (OCI) as a step towards addressing diaspora demands.

INDIA’S CITIZENSHIP FRAMEWORK:

HISTORICAL DEVELOPMENTS:

• • Judicial Interpretation: The distinction between domicile and citizenship was clarified in cases like D.P. Joshi v. State of Madhya Bharat (1955), emphasizing that domicile is a prerequisite for acquiring citizenship but does not equate to it.
    • In 2015, PIO and OCI cards were merged into a single OCI card for administrative efficiency.
  • Citizenship Amendment Act (CAA), 2019: Introduced a fast-track process for granting Indian citizenship to persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Pakistan, Bangladesh, and Afghanistan who arrived in India before December 31, 2014.

THEORETICAL FRAMEWORK:

• • Political Dimension: Indian law prohibits dual citizenship, ensuring that political rights are reserved exclusively for Indian citizens to prevent divided loyalties. Non-Resident Indians (NRIs) retain Indian citizenship but face logistical challenges in exercising their voting rights abroad, despite provisions for registration at embassies. People of Indian Origin (PIOs) and Overseas Citizens of India (OCIs) lack political rights, including voting and contesting elections.
  • Legal Dimension: Domicile refers to an individual’s permanent home or intent to reside indefinitely in a country, while citizenship is a legal status conferring specific rights and obligations. Supreme Court in Pradeep Jain v. Union of India (1984) emphasized that domicile is crucial in determining eligibility for certain rights but does not imply automatic citizenship.
  • Economic Dimension: OCI cardholders enjoy significant economic privileges such as visa-free travel, property ownership (excluding agricultural land), and economic opportunities in India. However, they are excluded from government employment or participation in policymaking.

INDIA’S STANCE ON DUAL CITIZENSHIP:

• • Political Implications: Granting dual citizenship could create a class of individuals with divided loyalties, potentially undermining India’s sovereignty. Allowing dual citizens to vote or influence governance could lead to external interference in domestic politics. It may create a “comprador class”—a privileged group acting as foreign agents within India. This could distort policymaking by prioritizing foreign interests over national welfare.
  • Policy Alternatives: Instead of granting dual citizenship, India has strengthened diaspora engagement through the OCI scheme and initiatives like the Pravasi Bharatiya Divas, celebrating diaspora contributions without conferring political rights.
  • Global Comparisons: Countries like the U.S., U.K., and Canada allow dual citizenship but have robust mechanisms to address divided loyalties. For instance, U.S. law prohibits non-natural-born citizens from becoming President. India’s cautious approach reflects its unique socio-political context and historical experiences.
  • Diaspora’s Role as a Pressure Group: While the diaspora plays a crucial role in fostering bilateral relations and investments (e.g., Satya Nadella’s commitment to AI investments in India), empowering them politically could turn them into a pressure group with undue influence.
  • Populism and Policy Dilution: a policy based purely on attracting foreign investment or appeasing powerful diaspora segments may create a “Frankenstein monster,” where external groups significantly influence India’s electoral outcomes.
  • Cultural Integration Issues: Dual citizens may lack cultural integration with India due to prolonged residence abroad, leading to potential disconnects with domestic socio-political realities. Diaspora communities often prioritize their adopted nation’s interests over India’s cultural and social priorities.
  • Administrative and Implementation Challenges: Without stringent legal and bureaucratic safeguards, dual citizenship could complicate citizenship databases and create prolonged legal disputes regarding eligibility and accountability. In 2017-18, several Australian legislators faced disqualification, illustrating the chaos that can ensue when dual citizenship provisions are not clearly regulated.
  • Risk of Instrumental Citizenship: Safeguards against merely transactional approaches to citizenship are essential to preserve the principle of sovereign equality of all citizens. Prominent corporate leaders and professionals could exploit such arrangements to gain economic concessions, visa privileges, or business advantages in India, potentially jeopardizing fair competition and distorting domestic markets.

THE WAY FORWARD:

• • Strengthen Existing OCI Framework, Avoid Political Rights: To encourage diaspora investment, enhance procedural clarity on property ownership (excluding agricultural land), business operations, and tax provisions for OCI holders.
  • Facilitate Remote Voting for NRIs: To ensure credibility, implement e-voting or proxy voting mechanisms under the supervision of the Election Commission of India. Conduct pilot projects in countries with large NRI populations (e.g., the U.S., U.K., UAE) to refine the system.
  • Establish Safeguards against Foreign Interference: Enact strict eligibility criteria for diaspora petitions seeking extended privileges, ensuring long-term residency, clear tax records, and demonstrable commitment to India’s welfare. Introduce anti-lobbying regulations limiting foreign entities or dual nationals’ campaign contributions or political advocacy.
  • Strengthen Diaspora Engagement without Diluting Sovereignty: Launch Diaspora Innovation Hubs in partnership with premier institutions (IITs, IIMs) to harness technological and managerial expertise without extending electoral privileges to foreign nationals. Encourage philanthropic contributions via FCRA-compliant channels, ensuring transparency and accountability.
  • Promote Singular Allegiance for Greater Political Engagement: Introduce a streamlined renunciation pathway for foreign nationals genuinely aspiring to adopt Indian citizenship, reaffirming the principle of singular loyalty. Publicize success stories—like Mirra Alfassa (“The Mother”)—to cultivate a positive narrative around embracing Indian citizenship wholeheartedly.

THE CONCLUSION:

Given the robust contributions of India’s diaspora in cementing bilateral ties and boosting investments in emerging fields, policymakers must strengthen frameworks like OCI while preserving India’s singular allegiance. Such a calibrated approach, anchored in constitutional safeguards and economic pragmatism, can ensure minimal foreign interference while harnessing the diaspora’s vast potential for national development.

UPSC PAST YEAR QUESTION:

Indian diaspora has scaled new heights in the West. Describe its economic and political benefits for India. 2023

MAINS PRACTICE QUESTION:

Critically examine whether India should maintain its single-citizenship framework or explore a dual-citizenship model.

SOURCE:

https://www.thehindu.com/opinion/op-ed/is-india-open-to-the-idea-of-dual-citizenship/article69082143.ece