Note4Students
From UPSC perspective, the following things are important :
Mains level: Citizenship;
Why in the News?
Recently, External Affairs Minister S. Jaishankar said that there are many challenges in giving dual citizenship to Indians living abroad. He mentioned that the Overseas Citizenship of India program is a step towards addressing this need and added that the discussion about dual citizenship is still ongoing.
What are the arguments for and against dual citizenship in India?
Arguments Against Dual Citizenship:
- Divided Loyalties: Critics argue that dual citizenship would lead to divided loyalties, undermining national integrity. Political rights granted to dual citizens could create conflicts of allegiance between India and another country, which is seen as dangerous for India’s sovereignty.
- Legal Restrictions: The Indian Constitution mandates that acquiring citizenship in another country results in the automatic loss of Indian citizenship. This legal framework does not support dual citizenship, making it a complex issue to address.
- Historical Context: The Citizenship Amendment Act of 2019 reflects a cautious approach to citizenship rights, emphasizing the need for complete loyalty to India and limiting the scope of citizenship to those who relinquish foreign nationality.
Arguments For Dual Citizenship:
- Global Integration: Proponents believe that allowing dual citizenship could strengthen ties between India and its diaspora, fostering economic and cultural exchanges in an increasingly globalized world.
- Economic Contributions: There is a belief that dual citizenship could attract foreign investment and encourage Indian expatriates to contribute more significantly to India’s economy without the fear of losing their original nationality.
How does India’s stance on dual citizenship compare with other democracies?
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What are the current legal frameworks?
- Overseas Citizenship of India (OCI): Introduced in 2005, OCI allows persons of Indian origin from certain countries to reside in India without a visa and grants them some rights akin to those of Non-Resident Indians (NRIs). However, OCIs do not have voting rights or the ability to hold constitutional offices.
- Eligibility: The OCI scheme is available primarily to individuals who were citizens of India or eligible for Indian citizenship at the time of the Constitution’s commencement, excluding those from Pakistan and Bangladesh. It is contingent upon the individual’s home country allowing some form of dual citizenship.
What are the challenges?
- Political Loyalty Concerns: There is a prevalent fear that granting dual citizenship would lead to divided loyalties among citizens, particularly regarding political rights.
- Public Sentiment and Political Will: There is significant public resistance against dual citizenship due to concerns about national security and sovereignty.
- Complexity of Implementation: Implementing a dual citizenship framework would require substantial legal changes and could complicate India’s existing immigration and nationality laws. The challenge lies in balancing the interests of the diaspora with the need to maintain a cohesive national identity.
Way forward:
- Gradual Legal Reforms: India could consider a phased approach to dual citizenship by first allowing it for specific categories such as diaspora members who maintain close economic or cultural ties with India, while ensuring that political rights remain exclusive to Indian citizens only.
- Enhanced OCI Benefits: India could expand the rights of Overseas Citizens of India (OCI) holders, granting them more privileges such as the right to vote or hold certain offices, without granting 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)
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