DUAL CITIZENSHIP IS AN IDEA WHOSE TIME HAS COME

Relevance: GS 2 – Citizenship

Why in the News?

  • Global Migration Trends: The movement of people across the world has significantly increased over the last 50 years, with international migrants more than tripling since 1970.
  • India’s Central Role: India has been a key player in global migration, with the largest national diaspora of over 3.5 crore people living abroad.
  • Growing Share of Migrants: The global migrant population now constitutes 4% of the world’s population, and Indians form a significant portion of the nearly 300 million people living outside their birth countries.
  • Remittance Inflows: India remains the largest recipient of migrant remittances, receiving almost $130 billion annually.
  • Economic Impact: These remittances far exceed the $42 billion received through inward foreign investment and play a crucial role in covering India’s trade and current account deficits.
  • Shift in Remittance Sources: While remittances earlier came largely from the Gulf, they are now predominantly from advanced economies.

DUAL CITIZENSHIP IS AN IDEA WHOSE TIME HAS COME

Need for Reassessing India’s Citizenship Policy for Its Diaspora

Global Migration Trends:

  • Movement of people across borders is at an all-time high due to push and pull factors such as demographic shifts, income disparities, and advancements in transportation and communication.
  • This has led to the formation of new economic, cultural, and political connections worldwide.

India’s Foreign Policy & Workforce:

  • The Minister of External Affairs has acknowledged that for the younger generation, the world is increasingly India’s workplace.
  • Facilitating overseas employment for Indians has now become an explicit foreign policy goal.
  • Indians abroad are viewed as national assets, but their treatment does not always reflect this recognition.

High-Level Committee Report on Indian Diaspora:

  • The upcoming 25th anniversary of the High-Level Committee on the Indian Diaspora Report revives discussions on dual citizenship.
  • The committee had asserted that dual citizenship fosters stronger ties with Mother India and is an idea whose time has come.
  • It found no legal or constitutional barriers to dual citizenship and highlighted similar trends in other countries.
  • Security concerns were deemed manageable through alternative means.

Current Challenges and Inflection Point:

  • The introduction of Overseas Citizenship of India (OCI) in 2005 was a step forward, but the evolving global migration landscape calls for a reassessment of its adequacy.
  • Borders are tightening, and rights of non-citizens in several developed nations are under new threats.
  • Many Indian migrants feel compelled to renounce Indian citizenship despite their reluctance, primarily for security of person and property, ease of travel, and legal protections.
  • The emotional and practical challenges of renouncing Indian citizenship were highlighted in the committee’s findings.

Limitations of the OCI and the Need for Genuine Dual Citizenship

OCI’s Shortcomings:

  • Despite being welcomed by many Indians abroad, the OCI does not fulfill expectations of true dual citizenship.
  • The Indian government clarifies that OCI is not dual citizenship, and Indians overseas perceive it similarly.
  • OCI holders cannot vote, hold public office, or buy agricultural land in India.
  • The status is increasingly seen as a privilege rather than a right, subject to revocation for dissent or other reasons.
  • OCI holders have been equated with foreign nationals in several professional and legal contexts, reinforcing a second-class status.

Need for Genuine Dual Citizenship:

  • A true dual citizenship framework should provide both emotional and practical security, ensuring a broad and stable set of rights rather than a narrow set of privileges that can be withdrawn arbitrarily.

Proposed Reforms for Dual Citizenship:

Retention of Indian Citizenship by Default:

  • The current rule requiring Indians to renounce citizenship upon acquiring a foreign passport should be reversed.
  • Instead, the default should be retention of Indian citizenship unless explicitly relinquished.
  • This would eliminate the complex reinstatement process that OCI holders currently face when seeking to restore Indian citizenship.

Balanced Political Rights:

Voting Rights:

  • Could be limited to those physically present in India for elections (as is already required for non-resident Indian citizens).
  • Alternatively, mechanisms for overseas voting (such as postal or electronic voting) could be introduced.

Eligibility for Public Office:

  • High offices and sensitive government positions (e.g., defense, foreign affairs) can be restricted to sole Indian citizens.
  • However, local government roles and non-sensitive public offices could be opened to dual citizens.
  • Many countries with dual citizenship already follow similar distinctions.

Enhancing Contribution and Symbolism:

  • A structured dual citizenship policy would enable Indians abroad to contribute their expertise, resources, and energy more effectively.
  • India has already fast-tracked citizenship for certain individuals for public service, but this should not require extraordinary measures.
  • This balanced approach would be symbolically stronger and more inclusive than the current blanket exclusions.

Making the Case for Genuine Dual Citizenship

Ensuring Rights with Justifiable Exemptions:

  • Dual citizens should have all ordinary rights of Indian citizens, except where a specific and justified reason exists.
  • Any exclusion from certain rights should be backed by clear, substantive reasoning, rather than broad restrictions.
  • Reframing Security Concerns: Security fears should not obstruct dual citizenship discussions.
  • The High-Level Committee on Indian Diaspora noted that India’s citizenship law was historically shaped by the need to distinguish Indian citizens from those of Pakistan. This outdated concern should not dictate current policy.
  • India can choose which countries it allows dual citizenship with and impose reasonable conditions such as:
    • Limiting eligibility to those with recent generational ties to India.
    • Conducting individual scrutiny where necessary.
    • Most countries with dual citizenship apply their laws equally to all citizens, regardless of additional nationalities—India can do the same.

Strengthening Emotional and Practical Ties:

  • Many Indians abroad qualify for foreign citizenship but choose not to take it due to emotional ties to India.
  • However, practical difficulties abroad strain this loyalty, and India should not take their connection for granted.
  • Genuine dual citizenship would reinforce symbolic, psychological, and practical bonds, encouraging a stronger commitment of resources, expertise, and investment from Indians overseas.

Recognizing Evolving Identities:

  • The OCI framework forces a choice—one nationality over another—whereas modern life is more globally interconnected.
  • A true dual citizenship policy would:
    • Acknowledge diverse identities among the Indian diaspora.
    • Help future generations of overseas Indians stay deeply connected to India.
    • Eliminate the dilemma of choosing between nationalities, fostering a greater sense of belonging.

A Vision for India’s Global Future:

  • With its growing demographic and economic presence, India is becoming an increasingly influential global player.
  • To fully harness the power of its diaspora, India must embrace the world in return by enabling true dual citizenship.

Way Forward for Implementing Genuine Dual Citizenship

Revise Citizenship Laws:

  • Amend existing laws to allow dual citizenship while maintaining necessary safeguards.
  • Shift the default stance from automatic renunciation of Indian citizenship upon acquiring a foreign passport to automatic retention, unless explicitly relinquished.

Define Rights and Restrictions Clearly:

  • Grant full ordinary rights to dual citizens, with exceptions only where substantive justification exists (e.g., national security-sensitive positions).
  • Implement targeted restrictions rather than broad exclusions (e.g., limit voting rights to in-person voting in India or via secure overseas mechanisms).

Adopt a Selective Dual Citizenship Framework:

  • Allow dual citizenship with specific countries, prioritizing nations with strong Indian diaspora ties and reciprocal arrangements.
  • Restrict eligibility to individuals with recent generational connections to India to ensure a meaningful link.

Enhance Legal and Security Frameworks:

  • Introduce transparent, well-defined criteria for granting and revoking dual citizenship to prevent arbitrary decisions.
  • Strengthen due diligence measures to address national security concerns through individual assessments rather than blanket exclusions.

Improve Overseas Voting Mechanisms:

  • Implement remote voting options (postal ballots, electronic voting, or embassies as polling stations) for non-resident Indian citizens.
  • Maintain in-person voting requirements for key elections, if necessary.

Strengthen Engagement with the Indian Diaspora:

  • Foster greater inclusion of dual citizens in India’s economic and governance frameworks through advisory councils and policy contributions.
  • Expand diaspora outreach programs to encourage greater participation in India’s development initiatives.

Promote Public Awareness and Consensus Building:

  • Conduct policy discussions, expert consultations, and public debates to shape a widely accepted dual citizenship framework.
  • Address misconceptions and highlight the economic, social, and strategic benefits of retaining stronger ties with the Indian diaspora.

Gradual Implementation with Periodic Review:

  • Roll out dual citizenship in phases, starting with pilot programs for select groups or regions.
  • Establish review mechanisms to assess the policy’s impact and make necessary refinements

Source:https://indianexpress.com/article/opinion/columns/dual-citizenship-is-an-idea-whose-time-has-come-9919295/

Mains question

Discuss the need for genuine dual citizenship for Indians overseas. Analyze its potential benefits, challenges, and the way forward in the context of India’s evolving global engagement. (250 words)