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General Studies 2 >> Governance

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DUAL CITIZENSHIP

DUAL CITIZENSHIP

 
 
1. Context
 
The Rules of the Citizenship (Amendment) Act do not require foreign applicants to effectively renounce the citizenship of their native country, creating a possibility for dual citizenship which is directly violative of the Citizenship Act, petitioners have argued in the Supreme Court
 
2.What is a Dual Citizenship?
 

Dual citizenship, also known as dual nationality, is a status in which an individual is a citizen of two countries at the same time. This means the individual holds legal rights and obligations in both countries, including the right to vote, work, and own property, as well as the obligation to pay taxes.

The rules regarding dual citizenship vary between countries. Some countries allow their citizens to hold citizenship of another country simultaneously, while others may restrict or even prohibit it. Additionally, the acquisition or retention of dual citizenship can depend on factors such as birthplace, ancestry, marriage, and the laws of the countries involved.

Having dual citizenship can offer several advantages, such as greater freedom to travel, work, and live in multiple countries, as well as access to more extensive social and economic benefits. However, it can also entail complexities, such as navigating potentially conflicting legal obligations and responsibilities between the two countries.

Overall, dual citizenship is a legal status that allows individuals to maintain ties to multiple countries and enjoy the benefits of belonging to more than one nation

 

3.Benefits of A Dual Citizenship

 

  • Freedom of Movement: Dual citizens can travel freely between their two countries of citizenship without the need for visas or other travel restrictions. This can make international travel more convenient and less bureaucratic.

  • Residency and Work Rights: Dual citizenship often grants individuals the right to live and work in both countries without needing to obtain separate permits or visas. This can provide greater flexibility for career opportunities and lifestyle choices.

  • Access to Social Services: Dual citizens may be eligible for social services, such as healthcare, education, and social security benefits, in both countries. This can be particularly advantageous in countries with robust social welfare systems.

  • Property Ownership: Dual citizenship can facilitate property ownership in both countries, allowing individuals to invest in real estate markets and take advantage of property rights and opportunities in each country.

  • Political Rights: Dual citizens typically have the right to participate in the political process of both countries, including voting in elections and running for office. This allows them to have a voice and influence in the governance of both nations.

  • Cultural and Personal Connections: Dual citizenship can help individuals maintain and strengthen their cultural ties and connections to both countries, including language, heritage, and familial relationships.

  • Security and Stability: Holding citizenship in two countries can provide a sense of security and stability, as individuals have options for living, working, and establishing roots in different places, reducing their vulnerability to political or economic instability in any single country.

  • Education Opportunities: Dual citizenship may provide access to education opportunities, such as scholarships or reduced tuition fees, in both countries. This can be beneficial for individuals seeking to pursue higher education or professional development abroad

4. Eligibility for Dual Citizenship
 

The eligibility for dual citizenship varies depending on the laws and regulations of the countries involved.

However, there are several common scenarios in which individuals may be eligible for dual citizenship:

  • Birthright Citizenship: In some countries, individuals automatically acquire citizenship at birth based on factors such as place of birth, parentage, or ancestry. If a person is born in a country that grants citizenship based on birth within its territory (jus soli) or to citizens of that country (jus sanguinis), they may be eligible for dual citizenship if the laws of their parents' country also confer citizenship.

  • Naturalization: Many countries allow individuals to become citizens through a process of naturalization after meeting certain residency requirements, language proficiency tests, and demonstrating good character. If a person acquires citizenship through naturalization in a country that allows dual citizenship, they may retain their original citizenship and become a dual citizen.

  • Marriage: Some countries grant citizenship to spouses of citizens, enabling them to become dual citizens through marriage. This often involves meeting certain residency and integration requirements and may vary depending on the specific laws of each country.

  • Descent or Ancestry: Some countries grant citizenship to individuals with ancestral ties to that country, typically within a certain number of generations. If a person can prove ancestry or descent from a country that allows dual citizenship, they may be eligible to apply for citizenship based on these connections.

  • Investment or Economic Citizenship: Some countries offer citizenship-by-investment programs, whereby individuals can acquire citizenship through making significant investments in the country's economy, such as purchasing property or making financial contributions. If a person obtains citizenship through such a program and their original country permits dual citizenship, they may become a dual citizen.

  • Treaty or Bilateral Agreements: In some cases, countries have bilateral agreements or treaties that facilitate dual citizenship between them. Individuals from countries with such agreements may be eligible for dual citizenship based on the terms outlined in these agreements

5.Is dual citizenship possible in India?
 

Dual citizenship is not recognized under Indian law. The Constitution of India does not allow for dual citizenship. However, the Overseas Citizenship of India (OCI) and Person of Indian Origin (PIO) schemes are available to individuals of Indian origin who hold citizenship of another country.

  • OCI (Overseas Citizenship of India): The OCI scheme was introduced in 2005 to grant certain benefits to people of Indian origin. OCI cardholders are not considered Indian citizens, but they are granted lifelong visa-free travel to India, as well as certain rights such as the ability to own property and conduct business in India. However, OCI cardholders do not have voting rights or the ability to hold certain government positions.

  • PIO (Person of Indian Origin): The PIO scheme was introduced in 1999 and later merged with the OCI scheme in 2015. PIO cardholders were entitled to similar benefits as OCI cardholders, but the PIO scheme has been phased out, and existing PIO cardholders were required to convert their PIO cards to OCI cards

6. Way Forward
 
While individuals of Indian origin can hold OCI or PIO cards along with citizenship of another country, they are not considered dual citizens of India. The Indian government does not permit individuals to hold both Indian citizenship and the citizenship of another country simultaneously. Therefore, if a person of Indian origin acquires citizenship of another country, they are required to renounce their Indian citizenship
 
 
 

 

Previous Year Questions

1.With reference to India, consider the following statements: (UPSC CSE 2021)

  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)

 
 
Source: The Hindu

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