Rethinking Dual-Citizenship

As a country, which boasts of being the world’s largest diaspora, with over 3.5 crore Indians — roughly one in 40 — residing abroad and as a country that is the largest recipient of migrant remittances, receiving nearly $130 billion annually, is it not time for it allow dual citizenships to these people of Indian origin?

This question is being heard more and more each passing day.

About 49 percent of the countries allow dual citizenships/ The include the United States, Canada, Australia, Ireland, Italy, Portugal, Spain, the Netherlands, almost all the Caribbean countries, and even Pakistan.

People with dual citizenship are nationals of two countries at the same time. They have equal rights with other citizens of these states: pay taxes, get social benefits, and receive a pension.

People with dual citizenship are called dual citizens or dual nationals. People with dual citizenship can choose in which country to serve in the military, and they pay taxes and receive social benefits in the state in which they permanently reside.

Dual citizenship is possible only if both countries have an agreement and recognise the rights and obligations of a citizen in another state.

There are many advantages of dual citizenship . Holding two passports allows for easier travel. With dual nationality, one can get access to whichever healthcare system of the two countries is best. Second citizenship may help children get a good education and job, with their parents having no obstacles to visiting them.

Dual citizens can choose to live in a country with a warmer climate, better ecology, more attractive fiscal system and broader opportunities for doing business. Entrepreneurs can expand their business by opening new sales channels. Second citizenship allows one to open a company abroad and promptly travel to business meetings.

Dual citizens have the right to work without the need for a work permit in their countries of citizenship, broadening job opportunities across multiple markets. Holding citizenship in more than one country provides flexibility to relocate or find refuge during political or economic instability. Second citizenship may provide opportunities for more favourable tax regimes, depending on the country. For many, holding citizenship in a country connected to their ancestry can be deeply fulfilling. It allows them to strengthen ties with their cultural heritage, participate in traditions, and maintain linguistic and historical connections.

However, the Constitution of India does not allow the holding of Indian citizenship with that of a foreign country simultaneously.

The Citizenship Act, 1955, is the primary legislation governing the acquisition and termination of Indian citizenship. The Act has been amended several times to refine these provisions, including changes in 1986, 2003, 2005, and 2015. It provides for citizenship by Birth (Conditions vary based on the period of birth and parents’ nationality), Descent (For individuals born outside India to Indian parents), Registration (For persons of Indian origin or those married to Indian citizens), Naturalisation (Requires a minimum of 12 years of residence in India).

But, the Government of India has decided to grant Overseas Citizenship of India (OCI). Persons of Indian Origin (PIOs) of certain category who migrated from India and acquired citizenship of a foreign country other than Pakistan and Bangladesh, are eligible for grant of OCI as long as their home countries allow dual citizenship in some form or other under their relevant national laws.

Persons registered as Overseas Citizens of India will not have the right to vote or be elected to the Lok Sabha/Rajya Sabha/Legislative Assembly/Council, constitutional posts such as the President, Vice-President, Judge of Supreme Court/High Court etc.

However, registered OCI are entitled to the following benefits: Multiple entry, multi-purpose lifelong visa to visit India; Exemption from reporting to police authorities for any length of stay in India; and Parity with Non-Resident Indians (NRIs) in financial, economic and educational fields except in the acquisition of agricultural or plantation properties.

However, several new factors have emerged in recent time, which have lent to the demand for reconsidering the subject of dual citizenship in India. These include the unprecedented scale of migration driven by various push and pull factors, including economic disparities, demographic trends, and advancements in transportation and communication.

Similarly, facilitating employment opportunities abroad has now become a key aspect of India’s foreign policy, with the Indian diaspora seen as an invaluable asset.

It may be noted here that the Indian government had many years ago had set up a High-Level Committee on the Indian Diaspora. It had strongly advocated for dual citizenship, asserting that it would strengthen the Indian diaspora’s connection with their homeland.

The committee found no legal or constitutional barriers to its implementation and highlighted global trends in favour of dual citizenship. Security concerns, the Committee argued, could be managed through appropriate measures.

Its recommendations ultimately led to the introduction of the Overseas Citizenship of India (OCI) in 2005.

Under the changed circumstances, experts are saying that there is a need for reappraisal of the committee’s recommendations. The global migration climate is shifting, with borders tightening and the rights of non-citizens coming under threat in many developed countries. As a result, many Indian migrants feel compelled to acquire foreign citizenship to safeguard their security, freedom to travel, and property rights.

While most would prefer to retain their Indian citizenship, they often have no choice but to renounce it, a decision that many find deeply distressing. Although the OCI was initially welcomed by them, it has failed to meet expectations, so runs their argument.

All told, a globally integrated Indian citizenry strengthens India’s soft power and international influence, while dual citizenship could unlock greater diaspora investment, political advocacy, and cultural linkage, supporting the government’s aim of positioning the global Indian community as a national asset.