Eleanor Finch
India's stance on dual citizenship is a unique one. With one of the largest diasporas in the world, many people are interested in the country's citizenship laws. The short answer is no—India does not permit dual citizenship under its Constitution and laws. However, the country has introduced a scheme known as the Overseas Citizenship of India (OCI), which offers some benefits typically associated with citizenship. This includes visa-free travel, property rights, and cultural and educational benefits. The OCI is not equivalent to full citizenship and does not grant voting rights or eligibility for government jobs. The Constitution of India usually does not permit holding Indian citizenship and citizenship of a foreign country simultaneously, and individuals who acquire foreign citizenship automatically lose their Indian citizenship.
Does the Indian Constitution allow dual citizenship?
| Characteristics | Values |
|---|---|
| Dual citizenship allowed? | No, India does not permit dual citizenship under its Constitution and laws. |
| Loss of Indian citizenship | If an Indian citizen acquires foreign citizenship, they automatically lose their Indian citizenship and must renounce it. |
| Overseas Citizenship of India (OCI) | India offers the OCI, commonly known as "dual citizenship", to Persons of Indian Origin who migrated from India and acquired citizenship of a foreign country (excluding Pakistan and Bangladesh). |
| OCI benefits | Visa-free travel to India, property rights, and cultural and educational benefits. |
| OCI limitations | No voting rights, no eligibility for government jobs, and no right to hold political office in India. |
| Citizenship by birth | Between 26 January 1950 and 1 July 1987, citizenship by birth was granted to all persons born in India. Between 1 July 1987 and 3 December 2004, citizenship by birth was granted if at least one parent was a citizen. Since then, citizenship by birth is granted only if both parents are Indian citizens or one parent is a citizen and the other is not an illegal migrant. |
| Citizenship by naturalisation | Foreigners may become Indian citizens by naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities. |
| Citizenship for NRIs | NRIs (Non-Resident Indians) must pay tax on their global income if they are no longer Indian residents. They can hold specific bank accounts and buy residential and commercial property in India but are prohibited from acquiring agricultural land. |
| Citizenship history | The citizenship provisions of the Constitution of India came into force on 26 November 1949. In 1949, any individual domiciled in India automatically became an Indian citizen if they were born in India, had at least one parent who was born in India, or had lived in India for at least five years before the Constitution's commencement. |
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What You'll Learn
The Indian Constitution and dual citizenship
The Indian Constitution, specifically Article 9, and the Citizenship Act of 1955 govern India's approach to citizenship. India does not permit dual citizenship under its Constitution and laws. This means that an individual can only be a citizen of India and not of any other country at the same time. When a person becomes a citizen of another country, they automatically lose their Indian citizenship. This policy reflects India's stance that each country should control the legal status of its citizens without competing claims of nationality.
However, it's important to note that India has introduced a unique scheme known as the Overseas Citizenship of India (OCI) or "dual citizenship", which offers some benefits typically associated with citizenship. The OCI is not equivalent to full Indian citizenship and does not grant voting rights or eligibility for government jobs or political office in India. It is only open to people of Indian origin from specific countries on an approved list, including the United States, Canada, the United Kingdom, and Australia.
The history of colonialism has influenced India's stance on dual citizenship. After independence, the country wanted to prevent a political leadership with ties to the former colonizer, so it outlawed dual citizenship. This was directed initially at England, as Commonwealth citizens, Indians can vote in UK elections and serve in public office there.
While NRIs (Non-Resident Indians) can hold specific bank accounts and buy residential and commercial property in India, they are prohibited from acquiring agricultural land. The status of dual citizenship for NRIs remains dynamic and evolving, with a proposed dual citizenship bill that could significantly shift India's citizenship policy.
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Overseas Citizenship of India (OCI)
The Indian Constitution does not allow dual citizenship under Article 9. However, Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin, providing them with many of the rights available to resident citizens. Introduced by the Citizenship (Amendment) Act in 2003, the OCI scheme was launched in 2006, providing OCI holders with lifetime entry to India, along with benefits such as the ability to own real estate and make other investments in the country. OCI status is not available to anyone who has ever been a Pakistani or Bangladeshi citizen or who is a descendant of such a person.
OCI is not recognised as citizenship by the Republic of India or by most nations worldwide. It does not grant the right to vote in Indian elections or hold public office, and the Indian government can revoke OCI status in a wide range of circumstances. OCI holders are required to possess a valid foreign passport throughout their stay in India, and they must apply for legalisation or registration at FRRO if their international passport expires during their stay, which involves a penalty of up to ₹20,000.
OCI holders are treated similarly to NRIs for most economic, financial, and educational matters. They do not have the right to buy agricultural or plantation properties. Before 2015, OCI cardholders were required to carry a passport with a lifelong "U" visa stamp while travelling to India. However, this requirement was removed, and now the OCI card, along with a valid foreign passport, is sufficient for travel to and from India.
The OCI scheme provides for the registration of all Persons of Indian Origin (PIOs) who were citizens of India on 26 January 1950 or thereafter or were eligible to become citizens of India on that date, except for citizens of Pakistan, Bangladesh, or other countries as specified by the Central Government. PIOs refer to people of Indian birth or ancestry who are citizens of other nations. OCI cards have been issued since 2014, replacing the previous PIO cards.
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Dual citizenship and security concerns
India does not currently recognize dual citizenship. If an Indian citizen settles in Pakistan or Bangladesh or voluntarily acquires foreign citizenship, they automatically lose their Indian citizenship. However, dual citizenship is allowed in certain cases of minor children. Additionally, individuals of Indian descent can register for citizenship, but those who have voluntarily acquired citizenship of a foreign state are barred from Indian citizenship (excluding Commonwealth member states).
The status of dual citizenship in India is a dynamic and evolving subject. A proposed dual citizenship bill, if passed, would mark a significant shift in India's citizenship policy, potentially benefiting millions of Indians living abroad.
Dual citizenship allows individuals to be citizens of two countries simultaneously, with the ability to work and own property in both countries. They can also access social services, such as healthcare and education, in both nations. However, dual citizens may face double taxation and may be disqualified from certain jobs, especially those in government, due to security concerns.
When it comes to security clearance for federal government jobs, dual citizenship can raise concerns that need to be addressed. While it is not a ground for denial of security clearance, applicants with dual citizenship may face additional scrutiny and questions about their life and activities abroad during the background investigation process. Some individuals have reported being asked if they would be willing to renounce their second citizenship, even though this is not an official requirement.
Overall, while dual citizenship can provide various benefits and opportunities, it may also lead to increased security concerns and background checks, particularly for those seeking sensitive government positions.
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Dual citizenship and voting rights
India does not allow dual citizenship under its Constitution and laws. The country follows a strict policy of single citizenship, meaning an individual cannot be a citizen of India and another country simultaneously. When an Indian citizen acquires foreign citizenship, they are required to renounce their Indian citizenship and surrender their Indian passport. This is because India wants to prevent a political leadership with ties to a foreign country from rising.
However, India has introduced a unique scheme known as the Overseas Citizenship of India (OCI), which can offer some benefits typically associated with citizenship. The OCI is not equivalent to full Indian citizenship and does not grant voting rights or the right to hold political office in India. It is only granted on a case-by-case basis to people of Indian origin who have migrated from India and acquired citizenship of a foreign country, excluding Pakistan and Bangladesh.
The OCI card offers several privileges, including visa-free travel to India for business, tourism, and medical purposes, as well as property rights. OCI holders can also benefit from educational opportunities and cultural events in India.
It is important to note that the status of dual citizenship for Non-Resident Indians (NRIs) in India is dynamic and evolving. While NRIs must follow the existing legal framework, they should also stay informed about any changes that might affect their status and rights in India.
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Dual citizenship and property rights
India does not permit dual citizenship under its Constitution and laws. The Constitution of India and the Citizenship Act of 1955 govern the country's approach to citizenship. According to these legal provisions, India adheres to a strict policy of single citizenship, implying that an individual cannot be a citizen of India and another country at the same time. When an individual becomes a citizen of another country, they automatically lose their Indian citizenship. This policy reflects India's stance on controlling the legal status of its citizens without competing claims of nationality. Consequently, Indian citizens who acquire foreign citizenship are mandated to renounce their Indian citizenship and surrender their Indian passport.
However, India has introduced a unique scheme known as the Overseas Citizenship of India (OCI), which offers certain benefits typically associated with citizenship. OCI is not equivalent to full Indian citizenship but provides privileges such as visa-free travel to India and property rights. OCI holders can buy residential and commercial property in India, but they are prohibited from purchasing agricultural land. Transactions for property purchases must be made in rupees from an NRO account. It is important to note that OCI does not grant voting rights or eligibility for government jobs and political offices in India.
The status of dual citizenship for Non-Resident Indians (NRIs) in India is a dynamic and evolving subject. While NRIs are prohibited from investing in certain Indian government schemes and acquiring agricultural land, they can hold specific bank accounts, such as NRE, NRO, and FCNR accounts, compliant with FEMA and Income Tax laws. The proposed dual citizenship bill, if passed, would significantly impact India's citizenship policy, benefiting millions of Indians residing abroad.
Historically, India's stance on dual citizenship can be traced back to the post-independence era. The countries wanted to prevent a political leadership with ties to the former colonizers, so they outlawed dual citizenship. This decision aimed to ensure that the political class in India did not have strong ties to a foreign country, particularly the former colonizer, England.
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Frequently asked questions
No, India does not allow dual citizenship under its Constitution and laws. India follows a strict policy of single citizenship.
If an Indian citizen acquires a foreign citizenship, they are required to renounce their Indian citizenship and surrender their Indian passport. This is because, under Indian law, acquiring foreign citizenship automatically results in the termination of Indian citizenship.
India does not allow dual citizenship, but offers Overseas Citizenship of India (OCI) as an alternative. OCI is not the same as full Indian citizenship but grants certain privileges to individuals of Indian origin living abroad, such as visa-free travel to India, property rights, and cultural and educational benefits. OCI is only granted on a case-by-case basis to people from specific countries and does not grant voting rights or eligibility for government jobs.
