What is Dual Citizenship and How is it Treated under Indian Law?

Citizenship is one of the most important legal identities of a person, as it defines their membership to a state and establishes their legal rights and duties towards that country. In today’s globalized world, people travel, study, marry, or work abroad, and many acquire foreign citizenships. This gives rise to the important legal question: Can an Indian citizen hold dual citizenship?

The direct answer is: India does not allow dual citizenship in the strict sense of holding two passports of two countries at the same time. However, India provides a special status known as Overseas Citizenship of India (OCI) which grants certain privileges similar to dual citizenship, but with significant limitations.

To understand this subject in detail, it is important to analyze the concept of dual citizenship, its global recognition, and its legal treatment under Indian laws.

Meaning of Dual Citizenship

Dual citizenship (also called dual nationality) means that a person is a citizen of two countries at the same time. This status may arise in the following situations:

By Birth – A child born in a country that follows jus soli (right of the soil, like the USA) may acquire citizenship of that country, while also retaining the citizenship of parents’ home country.
By Marriage – Some countries allow spouses of their citizens to acquire nationality, while still retaining their original citizenship.
By Naturalization – A person may apply for citizenship in another country due to residence, work, or other grounds, without losing the original one (if both countries allow).
By Descent – Certain nations give citizenship to children of their citizens even if born abroad.

Dual citizenship means that such a person can legally hold two passports, enjoy rights like voting, work, property ownership, and other protections in both countries.

Global Position on Dual Citizenship

Countries differ widely in their approach:

Permitting Dual Citizenship: Nations like the USA, Canada, the UK, Australia, and many EU countries allow their citizens to hold dual nationality.
Restricting Dual Citizenship: Countries such as China, Japan, Saudi Arabia, and India (with limited exceptions) do not recognize dual citizenship.
Conditional Allowance: Some countries allow dual nationality only with certain countries or under special treaties.

Thus, whether a person can retain dual citizenship depends on the legal framework of both countries involved.

Indian Legal Position on Dual Citizenship

1. Constitutional Provisions

The Indian Constitution under Articles 5 to 11 deals with citizenship. Key points include:

Article 5: Citizenship at the commencement of the Constitution.
Article 9: A person who voluntarily acquires the citizenship of another country shall cease to be a citizen of India.
Article 11: Parliament has the power to regulate citizenship matters.

Therefore, India strictly does not allow dual citizenship. If an Indian citizen voluntarily acquires citizenship of another country, they automatically lose Indian citizenship.

2. The Citizenship Act, 1955

The Citizenship Act, 1955 governs Indian citizenship.
Key provisions relevant to dual nationality include:

Section 9: If an Indian citizen acquires another country’s citizenship, they automatically lose Indian citizenship.
Section 10: The Government of India can terminate citizenship if acquired by fraud, misrepresentation, or disloyalty.
Section 8: Voluntary renunciation of citizenship is permitted.

Thus, dual citizenship is legally prohibited in India.

3. Overseas Citizenship of India (OCI)

Although India does not allow dual citizenship, the Citizenship (Amendment) Act, 2005 introduced the concept of Overseas Citizenship of India (OCI).
This is often mistakenly called “dual citizenship,” but it is not the same.

OCI Features:

Available to foreign nationals of Indian origin (except those from Pakistan or Bangladesh).
Provides a lifelong visa to visit India.
Allows multiple entry and multiple purposes (education, employment, business).
Grants parity with Non-Resident Indians (NRIs) in economic, financial, and educational matters.
No requirement to register with police for long-term stays.

OCI Limitations:

No right to vote in Indian elections.
Cannot hold constitutional posts like President, Prime Minister, or Judge of Supreme Court/High Court.
Cannot hold public employment.
Cannot acquire agricultural or plantation property in India.

Thus, OCI provides several benefits but is not full citizenship.

4. Person of Indian Origin (PIO) Scheme

Earlier, there was a separate PIO card scheme, but since 2015, it has been merged with the OCI scheme. Now, all PIO cardholders are deemed OCI cardholders.

Why India Does Not Allow Dual Citizenship?

India’s refusal to grant dual citizenship is based on several legal, social, and political reasons:

National Security Concerns – Allowing dual citizenship could create conflicts of loyalty and potential misuse during conflicts.
Voting and Political Rights – Dual citizens could influence elections without being permanently based in India.
Legal Complexity – Multiple nationalities create jurisdictional issues in criminal law, taxation, and civil rights.
Developing Country’s Stand – Unlike developed nations, India’s governance and legal system may face administrative difficulties in regulating dual citizens.
Historical Experience – India faced partition and migration-related challenges; hence the lawmakers chose a strict approach.

Rights of Indians Who Acquire Foreign Citizenship

When an Indian acquires foreign citizenship:

They must surrender their Indian passport to the Indian authorities.
They can hold OCI or PIO status, subject to eligibility.
They retain certain cultural and economic rights through OCI, but not political rights.
They are subject to foreign country’s taxation, employment laws, and legal obligations.

Comparison Between Dual Citizenship and OCI

Basis	Dual Citizenship	OCI
Definition	Legal recognition as a citizen of two countries	A form of lifelong visa with limited rights
Passport	Two passports from two countries	Only foreign passport; OCI card acts as visa
Voting Rights	Can vote in both countries (if laws allow)	Cannot vote in India
Political Office	Eligible in both countries	Ineligible in India
Property Rights	Full rights in both countries	Cannot buy agricultural/plantation land in India
Example	US & Canada citizen	US citizen with OCI status for India

Procedure for Losing Indian Citizenship

If a person acquires foreign citizenship, they automatically lose Indian citizenship (as per Section 9 of the Citizenship Act).
They must surrender their passport under the Passport Act, 1967.
Failure to surrender an Indian passport after acquiring foreign nationality is punishable.

Relevant Judicial Pronouncements

Kehar Singh v. Union of India (1989) – Supreme Court emphasized that citizenship and allegiance are fundamental to sovereignty.
Sarbananda Sonowal v. Union of India (2005) – Highlighted that uncontrolled dual nationality may endanger national security.
Supreme Court in 2015 – Clarified that OCI is not dual citizenship; it only grants certain privileges.

Practical Implications for Indians Abroad

Once an Indian becomes a US, UK, or Canadian citizen, they are no longer Indian citizens.
They can apply for an OCI card to retain lifelong travel and residency rights in India.
If they wish to regain full Indian citizenship, they must renounce foreign nationality and reapply under the Citizenship Act.

Conclusion

In conclusion, India does not recognize or permit dual citizenship. If an Indian citizen voluntarily acquires the citizenship of another country, they automatically lose Indian citizenship as per Article 9 of the Constitution and Section 9 of the Citizenship Act, 1955. However, India has introduced a unique system called the Overseas Citizenship of India (OCI), which provides many benefits to persons of Indian origin, including visa-free travel, economic rights, and long-term residency, but without political and sovereign rights like voting, contesting elections, or holding public offices.

The treatment of dual citizenship under Indian law reflects a balance between maintaining national sovereignty and providing certain rights to its diaspora community. Indians abroad who wish to maintain their ties with India can rely on the OCI scheme, but they cannot simultaneously hold Indian and foreign passports.

Thus, while dual citizenship in its true sense is prohibited in India, the OCI status acts as a bridge for maintaining cultural, social, and economic connections between India and its global diaspora.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304