Dual Citizenship

Dual citizenship is a condition in which an individual is considered to be a  citizen of two countries. The individual is entitled to enjoy all the rights and privileges of any bonafide citizen of both countries. The individual will also have passports from both the nations and is allowed to travel, purchase property, reside for an extended duration and enjoy every privilege accorded to the natural-born citizens of the country. The United States of America (US) allows dual citizenship. However, the existing laws of the Indian constitution don't allow dual citizenship.

People commonly mistake Government-sponsored initiatives like the Overseas Citizens of India (OCI) scheme or the erstwhile Person of Indian Origin (PIO) scheme as an indication of dual citizenship or dual nationality. However, it isn't true. According to the Indian Constitution (Part II/Article 5), an individual is considered to be a citizen of India if,

• The individual was born within the territory of India.

• Either of the individual's parents was born within the territory of India.

• The individual has been living within the territory of India continuously for a minimum of 5 years.

Furthermore, the Constitution of India (Part II/ Article 9), states that an individual who voluntarily takes the citizenship of a foreign nation will cease to be considered a citizen of India. This is because they have negated the points laid out in Article 5 (as already mentioned), Article 6 (Citizenship rights of individuals who have migrated to India from Pakistan) and Article 8 (Citizenship rights of individuals of Indian origin residing outside India). The individual will assume the citizenship of the foreign state in which he/she has raised the request for citizenship. The individual will have to surrender his/her Indian passport as well as all other documents establishing the person as Indian citizenship at the nearest Indian embassy. According to the directive mentioned in the Indian Passports Act of 1957, retaining an Indian passport after acquiring a foreign nationality is a punishable offense.

OCI cards

OCI cards are given to foreign nationals:

• All foreign nationals who were citizens of India earlier, at any point, since the Indian constitution came into effect on 26th January 1950.

• All foreign nationals who were eligible for Indian citizenship during the time of inception of the constitution.

• All foreign nationals who were citizens of territories that later integrated into the Indian Union after Independence on 15th August 1947.

• Children, grandchildren or great-grandchildren of erstwhile Indian citizens at any point since the constitution of India came into effect on 26th January 1950.

• Children who have at least one parent as an Indian citizen.

• Spouse of an OCI or PIO cardholder or an Indian citizen, are eligible to apply if their marriage was registered and lived for at least two continuous years before the application.

• Exceptions: Citizens of Bangladesh and Pakistan cannot apply for the OCI cards. This restriction also extends to the parents, grandparents, and great-grandparents of such citizens.

There are several benefits of OCI cards, which place the cardholders on a similar footing in a variety of fields as Indian citizens, such as:

• Lifelong visa-free entry into India

• Unlimited duration of stay in India without a visa.

• Police reporting not required when in India.

• Same benefits as availed by NRIs in terms of education, investments, property transactions and housing schemes from the government.

However, OCI cardholders cannot buy properties that are meant for agriculture or plantation. Moreover, OCI cardholders are not allowed to hold any public office, contest or even participate in elections and seek employment in government jobs.

Termination or Renunciation of Indian citizenship

If Indian citizens wish to opt for any other country’s citizenship, they must either terminate or renounce their Indian citizenship. This occurs if the person (adults as well as minors) has acquired a foreign nationality/citizenship through registration or naturalization. In such a scenario, the Indian passport has to be surrendered. Holding an Indian and a foreign passport simultaneously is an offense as per Indian laws.

Citizens who renounce their Indian citizenship also lose Indian citizenship for their minor children. Adults can renounce their citizenship; the minor children will get an option to restore their Indian citizenship when they turn 18.

Types of Indian Citizens

Indian citizens are of 3 kinds and individuals belonging to these three categories can avail Indian passports:

• Citizen by Birth: All individuals born within the country are naturally entitled to getting citizenship of India.

• Citizen by Descent: If one or both parents of an individual hold Indian citizenship during the time of the individual's birth, then the individual is entitled to get Indian citizenship.

• Citizen by Registration or Naturalization: If an individual registers for citizenship or is granted citizenship by the Ministry of Home Affairs.