Why in the News
A “Leave India” notice served on actor Imran Khan, a United States citizen by birth who holds an Overseas Citizen of India (OCI) card, has revived the demand that India allow dual citizenship. He had joined a political protest in Mumbai, and the stated ground was that a foreign national cannot take part in political agitations on Indian soil. He grew up, built his career and pays taxes in India.
What is the OCI card, and why is it not citizenship?
- What it is: The OCI card is a lifetime visa for a foreign passport holder of Indian origin. It works like a permanent entry pass to a house, not a share in its ownership.
- Misleading name: Many holders assumed that a document named Overseas Citizenship of India kept them Indian citizens. It does not.
- Withdrawal: The card can be withdrawn at any time, as Aatish Taseer and a few others found.
- Sporting privilege: OCI holders could briefly represent India in international sport. That privilege was later withdrawn.
- The takeaway: A person can live a whole life in India on an OCI card and still hold only the legal rights of a foreigner.
What may a foreign national do in India, and what not?
- Article 19 freedoms: Article 19 of the Constitution reserves the freedoms of speech, expression and peaceful assembly for Indian citizens.
- Legal boundary: A foreigner can work, build an enterprise and endorse a brand. Joining a formal public protest or casting a vote crosses the legal boundary.
- Election campaigning: Under standard election guidelines and administrative practice, a foreign national may campaign for candidates. Monetary contributions to a candidate or a party are barred.
- Blurred line: The line between supporting a candidate and criticising the government that candidate opposes has never been clearly drawn. Criticism can lead to expulsion for violating visa terms.
Why do people who identify as Indian hold foreign passports?
- Birth and descent: A child born in the United States or Canada is its citizen by jus soli (birth on the soil). Others gain foreign citizenship by jus sanguinis (descent), marriage or long employment abroad.
- Functional choice: For many in the 37 million strong Indian diaspora, a foreign passport eases travel and avoids cumbersome visa procedures. It is not a rejection of cultural identity.
What is the case for dual citizenship, and what is the objection?
- Law and lived experience: Millions live as Indians but are foreigners in law. Dual citizenship would close that gap and add to the talent India can call upon.
- No forced renunciation: At present an Indian who takes another nationality must give up the Indian passport. Under dual citizenship, people with a long term stake in India could keep both.
- Divided loyalty objection: The objection is divided loyalty. A sports minister, defending the bar on OCI players, asked which anthem such a player would stand for if both were played.
Challenges
- Change in law: Dual citizenship cannot come by executive order, because Parliament must amend the Citizenship Act, 1955.
- Political rights: Voting, contesting elections and holding sensitive public offices raise loyalty questions when a person owes allegiance to two States.
- Conflicting obligations: Two States can claim the same person for taxation or military service.
Way Forward
- Written rules on political activity: The Ministry of Home Affairs should define which political activities an OCI cardholder may undertake.
- Reasoned orders: Any order cancelling an OCI card, or asking a holder to leave, should record its reasons in writing.
- Graded dual citizenship: Parliament could examine dual citizenship with limits on voting, contesting elections and holding constitutional offices.
Conclusion
India’s single citizenship rule treats long settled residents with foreign passports as foreigners in law, and the OCI card does not close that gap. The unresolved question is whether loyalty concerns can be met by limiting political rights instead of barring a second nationality.
What is Single Citizenship?
- About: India recognises only one citizenship, that of the Union, with no separate citizenship of a State.
- Constitutional basis: Article 9 denies citizenship to a person who has voluntarily acquired the citizenship of a foreign State. Article 11 lets Parliament regulate citizenship by law.
- Citizenship Act, 1955: It provides for citizenship by birth, descent, registration, naturalisation and incorporation of territory. Section 9 ends Indian citizenship when a citizen voluntarily acquires another.
- OCI in law: The same Act creates the OCI category. Holders cannot vote, contest elections or hold constitutional offices.
Matching Previous Year Question
“[2021] With reference to India, consider the following statements: 1.There is only one citizenship and one domicile. 2.A citizen by birth only can become the Head of State. 3.A foreigner, once granted citizenship, cannot be deprived of it under any circumstances. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 (d) 2 and 3 ANSWER: (a)”
