Explained | Polity | Mains Paper 2: Indian Constitution – origins, evolution, features, amendments, key provisions, and foundational structure
India’s External Affairs Minister S. Jaishankar recently highlighted the challenges of granting dual citizenship to Indians abroad. While the Overseas Citizenship of India (OCI) initiative addresses some diaspora needs, broader deliberations on dual citizenship remain unresolved.
Pros and Cons of Dual Citizenship
Arguments Against:
- Conflicting Loyalties:
- Dual citizenship could result in divided allegiances, undermining national unity.
- Granting political rights to dual citizens may create complications regarding loyalty.
- Constitutional Constraints:
- Article 9 of the Indian Constitution states that acquiring foreign citizenship results in the automatic loss of Indian citizenship.
- Historical Approach:
- India’s Citizenship Amendment Act (CAA) of 2019 underscores a cautious stance, emphasizing singular allegiance and rejecting the dual citizenship model.
Arguments For:
- Global Ties:
- Dual citizenship can strengthen economic, social, and cultural ties with the Indian diaspora, fostering global collaboration.
- Economic Gains:
- Facilitating dual citizenship might attract investments and encourage expatriates to contribute more actively to India’s development without relinquishing their foreign citizenship.
Comparing India’s Position with Other Nations
India’s Current Stance:
- Indian law strictly prohibits dual nationality under Article 9 of the Constitution and the Citizenship Act of 1955.
International Practices:
- United States:
- Allows dual citizenship with no restrictions, enabling individuals to hold multiple nationalities.
- Canada:
- Encourages dual citizenship, reflecting its multicultural policies.
- Australia:
- Permits dual citizenship while providing full consular support to its citizens worldwide.
- Germany:
- Generally discourages dual citizenship but allows exceptions for EU citizens and under specific conditions.
Existing Frameworks in India
- Overseas Citizenship of India (OCI):
- Introduced in 2005, OCI allows individuals of Indian origin to reside in India without a visa and enjoy select privileges similar to Non-Resident Indians (NRIs).
- However, OCIs lack voting rights and cannot hold key government positions.
- Eligibility for OCI:
- Available to individuals of Indian origin or those who held Indian citizenship before the Constitution’s adoption, excluding nationals from Pakistan and Bangladesh.
Key Challenges
- Political and Security Concerns:
- Fear of divided loyalties, particularly with voting rights, remains a significant deterrent.
- Public Opposition:
- National security concerns drive public and political resistance against dual citizenship.
- Implementation Difficulties:
- Adopting dual citizenship would require substantial legal reforms, potentially complicating immigration and nationality laws.
Recommendations
- Incremental Reforms:
- Introduce dual citizenship for specific categories, such as diaspora members with deep economic or cultural ties to India, while limiting political rights to single citizens.
- Enhancing OCI Privileges:
- Expand OCI benefits, including voting rights or eligibility for certain public roles, without transitioning to full dual citizenship.
Mains PYQ:
Q. ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries.’ Comment with examples. (UPSC IAS/2020)
