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AMID THE MULTIPLICITY OF DIPLOMATIC DEBATES that concern India, one of the most significant has been the question of dual citizenship in India, whose proponents have been striving for a reconsideration of the country’s citizenship laws. The demand centres on allowing Indians who acquire the nationality of another country to retain their Indian citizenship, instead of having to surrender their Indian passports.
While this issue has been raised by a section of the Indian diaspora, politicians and political commentators over time, Dr. Munish Kumar Raizada — convenor of the “Dual Citizenship for Indians” campaign has been advocating for the reform quite strongly.
See Also: Demand for Dual Citizenship Gains Momentum: Dr. Munish Kumar Raizada Calls for Urgent Reform
Notably, only a section of the Indian politicians, of which Congress MP Dr. Shashi Tharoor is a prominent face, and has also advocated for the reform in India’s position on dual citizenship.
Dual citizenship, also known as dual nationality, refers to a legal status in which an individual simultaneously holds the citizenship of two countries and is recognized as a citizen under the respective laws of either country.
India’s legal framework, however, does not permit dual citizenship, Article 9 of the Indian Constitution states that a person who voluntarily acquires the citizenship of a foreign country cannot continue to be an Indian citizen under the relevant constitutional provisions. It states that “No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.”
Similarly, Section 9 of the Citizenship Act, 1955, provides for the termination of Indian citizenship when an Indian citizen voluntarily acquires the citizenship of another country.
Consequently, an Indian citizen who has voluntarily taken the nationality of another country cannot retain Indian citizenship alongside it.
Among the primary proponents of dual citizenship is the campaign “Dual Citizenship for Indians”, led by Dr. Munish Kumar Raizada. The primary rationale of the campaign rests on the idea of unleashing a robust economic potential of Indians across the world, restoring the values of constitutional equality, and in this process unite the global Indian family, and foster the capacities for achieving the goal of “Viksit Bharat 2047.”
Speaking to Dr. Munish Kumar Raizada about their campaign, he informed us about the significance of having the provision of dual citizenship in place. “The primary concern being raised by the Indian authorities is about the security of the country. I don’t understand how this can be a security issue. India has a robust security and scrutiny structure in place, and anybody who would be issued a passport has to go through a strict process of verifications,” said Dr. Munish.
While deliberating on the issue of security, Dr. Munish stated that the concerns regarding internal security are relevant. But Non-Resident Indians (NRI’s) are also issued Overseas Citizenship of India (OCI) cards. Therefore, if anybody plans to disturb the security and cause harm to the country can do it while using the facilities of one’s OCI card.
“Concerns are being raised over Khalistani supporters entering India. So, let us say a person who has taken their citizenship in Canada, applies and receives an OCI card. So, if they intend to destabilize security, they can do so anyway. Hence, there is no basis for these arguments of not allowing dual citizenship,” said Dr. Munish Raizada while discussing the potential harms to security.
Alongside the issue of security, there is also the category of “loyalty." If an Indian takes up citizenship elsewhere, there is a question that can be raised over one’s commitment or loyalty to the country. However, Dr. Munish sought to bust this claim as well.
As of now, the campaign also runs an online “sign the petition” drive in favour of dual citizenship for Indians. Its website has a specified section which urges individuals who connect with the idea to sign the petition. According to the website data, more than a thousand individuals have signed the petition, and has around 32 million strong members.
During our interaction with Dr. Munish also spoke of how the bulk of Indians living abroad are generating immense economic, diplomatic and cultural capital, which is beneficial for the country. But, are denied political rights. He added that, “We are a community who have an inherent connection to our country. For us our country is our motherland. And have you heard, ever, that a mother abandons one’s son?”
There is an argument that places OCI on the table, when the demands for dual citizenship is set forth. However, one must understand that there is a big difference between OCI and dual citizenship.
The OCI was introduced in 2005, and operationalized in 2005-06, provides eligible foreign citizens of Indian origin with certain privileges, alongside multiple-entry and a lifelong visa to visit India.
However, OCI cardholders don't enjoy any political rights, including the right to vote.
Senior Congress leader and MP Shashi Tharoor has been among the political voices advocating a reconsideration of India’s citizenship policy with respect to dual citizenship.
In 2019, he introduced the Constitution (Amendment) Bill, 2019, in the Lok Sabha, and proposed amendments to Article 9 and 11 to create a legal pathway for dual citizenship. He argued that Indians migrating abroad for employment, education or other opportunities should not necessarily be asked to abandon their allegiance to India.
In a similar light, Dr. Tharoor has again hit the news with his opinion piece in The Indian Express, arguing that dual citizenship could allow people with strong personal, professional and social connections to India, while holding citizenship in another country.
[OG/AR]
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