A move that could impact millions of Indian origin people living abroad, a Public Interest Litigation (PIL) has been filed in the Delhi High Court advocating for dual citizenship for the Indian diaspora.
The plea, submitted by the Pravasi Legal Cell, a non-governmental organisation working for the welfare of migrants, through Advocate Robin Raju, urges the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA) to take appropriate steps to enable dual citizenship for Indians who have acquired foreign citizenship.
Background and Basis of the Plea
The petition emphasises that many members of the Indian diaspora were born in India but moved abroad for employment or business opportunities. Upon acquiring foreign citizenship, these individuals automatically forfeit their Indian citizenship, not due to renunciation of loyalty, but for practical reasons. The plea argues that allowing dual citizenship could significantly benefit India by increasing investment, trade, tourism, philanthropy, education, and cultural contributions.
The plea references a High-Level Committee report from 2002, chaired by L.M. Singhvi, which recommended the feasibility of dual citizenship. Following this, the Citizenship Amendment Act of 2003 allowed for the registration of Overseas Citizens of India (OCIs), with the intention of providing dual citizenship, as explicitly stated in its objectives. The Citizenship Amendment Act of 2005 further supported this goal.
Statistics and Current Debate
According to data from the Ministry of Home Affairs presented in the Lok Sabha, over 924,000 Indian citizens renounced their citizenship between 2015 and 2021. The External Affairs Minister also recently acknowledged that the debate on dual citizenship remains active. The plea notes that the Indian Constitution does not bar dual citizenship. Article 9 specifies the loss of Indian citizenship upon voluntarily acquiring another citizenship, but Article 11 empowers Parliament to alter or terminate citizenship provisions.
Constitutional Assembly Debates
The plea cites Constitutional Assembly debates, highlighting that dual citizenship was considered during the drafting of the Constitution. A proposal by K.T. Shah for dual citizenship was not acted upon at the time due to the complexities surrounding partition. It was left for Parliament to address through Article 11.
Petitioners’ Argument
The petitioners argue that while dual citizenship presents certain challenges, it should be seriously considered for a developing nation like India. The plea asserts that dual citizenship rights could be a significant step in harnessing the potential of the Indian diaspora for national development.
Official Response and Upcoming Hearing
The petitioner submitted a representation to the Indian Ministry of External Affairs and Ministry of Home Affairs on August 10, 2023, advocating for dual citizenship. Since then, the issue has gained traction in the media and political discourse. The External Affairs Minister’s recent comments suggest a willingness to explore this option further.
The bench, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, is scheduled to hear the matter on Wednesday. The outcome of this hearing could have far-reaching implications for the Indian diaspora and India’s engagement with its global citizens.
Implications and Future Steps
If the court directs the government to implement measures for dual citizenship, it could pave the way for significant policy changes. The recognition of dual citizenship would align with the government’s Act East Policy, emphasising stronger ties with countries where a significant number of Indians reside.
This PIL represents a crucial step in addressing the needs and aspirations of the Indian diaspora, potentially transforming India’s relationship with its global community. The Delhi High Court’s decision could mark a historic shift in India’s citizenship policies, reflecting its evolving approach to globalisation and diaspora engagement.
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