Dual Citizenship: A

Misnomer in India

Presented by:
Vinayak Gupta
Roll no. 343
2nd year
 Concept of Dual Citizenships
and its problems
• Concept of Citizenship as per
international Law
– Convention on Certain disputes
regarding Citizenship Law, 1930
– Jus Soli
– Jus Sanguinus
• Concept of Dual Citizenship

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Concept of Dual Citizenship
(International Perspective)

• In 1999 more than 70 countries

accept the notion of Dual Citizenship
• Canada
• Britain (explicitly accepts concept of master citizenship/primary
citizen)

• Mexico
• Bangladesh
• U.S.A.

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 Dual Citizenship - India
• Constituent Assembly Debates.

• L.M. Singhvi’s Committee appointed

by Ministry of Foreign Affairs & its
report.

• Concept of Dual Citizenship presently

in India
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 Overseas Citizen of India: A
comparative Analysis with Indian
Citizen
Overseas citizen of India Ordinary Indian Citizen
Voting rights not available Voting Rights available
Right to Property not Right to property available
equivalently Available to them
as to Citizens of India
No appointment as president, Has these rights
Vice president, judge of SC and
HC, M.P., M.L.A.
No rights under article 16 Article 16 is ensure as
Fundamental Right
No appointment for public Can be appointed
service/posts (exceptions
attached)

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 Benefits to OCIs
f it s
• Life long visa for India
n e
• Exemption from registration b e with
s e t h e e i r
h e
local police authority
e
for
t formgrant iof
stay
t
in
h India
• Eligible to d
l apply
o n Indian
s ?
o u
citizenship under
e rc i o
sectionn e
5(1)(g) n of
h ov Act,
theScitizenship a t t i z
i n 1955
c i after 5
r i m
years of registration a sas OCI and
residence is cin s
u for 1 out of 5 years
India
d ta t
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s A PRESENTATION BY Mr. Vinayak
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 Questions of Dual Citizens
also under Consideration
with the case of
Satish Nambiar
V.
Union of India (UOI)
(AIR 2008 Bom 158)

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 Conclusion

“If we want to involve the Diaspora

then we can’t deny them right to
vote or the right to occupy important
offices.”

- Soli Sarobjee in his book “Private

International Law and the Diaspora”
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