5. Concept of Dual Citizenship

Citizenship is generally defined based on some common factors. One could be a citizen of a country for one or more of the following reasons

 Right of the Soil- if he was born in the territory (within the borders) of that country

 Right of Blood- If one or both of his parents are citizens of that country.

 By Marriage - If he is married to a person who is a citizen of that country (this is no longer an automatic process - he still needs to apply for citizenship)

 Naturalization - If he obtained citizenship of the country by going through the legal process of naturalization.

As there are various ways to acquire citizenship of a country, it is possible for someone to be considered a citizen under the laws of two or more countries at the same time. This is dual citizenship. Dual citizens can carry two passports and essentially live work and travel freely within their native and naturalized countries. Some countries do not allow dual citizenship. For example, South Korean and American citizenship cannot be carried on hand in hand.

Initially, India also did not allow for the any rights to people of Indian origin who are residents of other countries now. However, the Government setup a High-Level committee on Indian Diaspora under the Chairmanship of L.M. Singhvi to do comprehensive study of the global Indian Diaspora and to recommend measures for a constructive relationship with them. Based on the recommendations, the Indian Parliament amended the Citizenship Act in 2002 and provided for two special status-

♤ Person of Indian Origin Card (PIO) Scheme, for persons who, or any of their ancestors, were Indian nationals and who are presently holding another country’s citizenship/ nationality i.e. he/she is holding foreign passport.

♤ Overseas Citizenship of India for the above PIOs, who have migrated from India and acquired citizenship of a foreign country (other than Pakistan and Bangladesh), are eligible for certain benefits, “as long as their home countries allow dual citizenship in some form or the other under their local laws”.