What Is Citizenship?

Dual citizenship, also known as dual nationality, refers to a person being a legal citizen of two countries at the same time. This means the individua

Dual Citizenship

Citizenship is more than a legal status. It shapes your identity, your relationship with a country, your rights, and your sense of belonging. In today’s globalized world, countries are increasingly interconnected. People study abroad, work abroad, marry abroad, build businesses overseas, and often develop ties with more than one nation. It is natural that many Indians wonder: “Can I have dual citizenship?” or “Does Indian law allow me to keep my Indian citizenship while becoming a citizen of another country?”

This question is especially important because India has one of the largest diasporas in the world. More than 32 million Overseas Indians live in different parts of the globe, from the United States to the Middle East. Many want to stay connected to India while enjoying the benefits of living abroad.

If you are one of them—or simply curious—this blog post is for you.

In this detailed guide, written in simple and easy language, we will explore everything about dual citizenship under Indian law. We will break down legal provisions, historical background, reasons behind India’s strict stance, what is allowed, what is not allowed, how OCI (Overseas Citizen of India) works, and much more.

Let’s begin.

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What Is Citizenship? 

Before discussing dual citizenship, it is important to understand what citizenship means.

Citizenship is a legal relationship between a person and a country. It decides:

• Who you are in the eyes of the law

• Your rights

• Your duties

• Your ability to live, work, vote, or own property

• Your national identity

A citizen is a permanent member of a political community. Countries decide their own rules for granting or removing citizenship. No international law forces a country to accept dual citizenship or to forbid it. So each country has the freedom to make its own policies.

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What Is Dual Citizenship?

Dual citizenship, also called dual nationality, means a person is legally recognized as a citizen of two countries at the same time.

For example:

• An Indian-born person becomes a US citizen, but the US government still recognizes them as American.

• If India also recognizes them as an Indian citizen, they become a dual citizen.

In dual citizenship:

• The person has rights in both countries

• The person owes duties to both countries

• Both countries may claim legal authority over the person in certain situations

Many countries such as the USA, Canada, UK, Australia, France, and Ireland freely allow dual citizenship.

India, however, does not allow dual citizenship in the same way.

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Can You Have Dual Citizenship in India?

The short, clear answer is:

No. India does not allow dual citizenship.

If an Indian citizen voluntarily acquires foreign citizenship, they automatically lose Indian citizenship.

This is the law even today.

But why?

Let’s explore that.

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Why India Does Not Allow Dual Citizenship

India’s restriction on dual citizenship is rooted in:

1. Historical reasons

2. Security concerns

3. Economic and legal complications

4. Political considerations

Let’s discuss each in simple terms.

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1. Historical Reasons

After India gained independence in 1947, the country faced:

• Massive migration due to Partition

• Questions about loyalty to the new Indian state

• Citizenship disputes

Because of this sensitive environment, the government wanted to avoid complex citizenship issues. They adopted a single citizenship policy, similar to the UK system.

India has been cautious ever since.

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2. Security Concerns

Dual citizenship can create:

• Confusion about national loyalty

• Misuse of privileges

• Legal conflicts in criminal cases

• Issues with hostile foreign powers

For a large and diverse country like India, controlling citizenship is seen as important for national security.

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3. Economic and Legal Complications

Having dual citizenship can create:

• Taxation issues

• Property ownership conflicts

• Voting manipulation

• Problems in law enforcement

• Complications in military service obligations

India prefers a simpler model: a person should fully belong to one country at a time.

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4. Political Concerns

Voting and political rights in India are sensitive topics. If millions of overseas Indians had the right to vote while living abroad, it might:

• Influence elections

• Create unfair advantages

• Cause political imbalance

So India restricts citizenship to avoid such complications.

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What Does the Indian Constitution Say About Dual Citizenship?

The Indian Constitution does NOT allow dual citizenship in the way many Western countries do (like the USA, Canada, or the UK).

The most important constitutional provision related to this is Article 9.

Article 9 of the Indian Constitution

Article 9 states:

“No person shall be a citizen of India if he has voluntarily acquired the citizenship of any foreign State.”

✔ What this means in simple words:

• If an Indian citizen voluntarily becomes a citizen of another country,

• They automatically lose Indian citizenship,

• Even if they were born in India or have lived there all their life.

This rule is strict and applies to all Indians without exception.

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Why Does Article 9 Matter?

Article 9 clearly establishes that:

• India follows a single citizenship policy

• India does not allow dual citizenship

• A person cannot hold two passports

• Once foreign citizenship is taken, Indian citizenship ends automatically

This is further supported by:

• Citizenship Act, 1955 – Section 9

• Passport Act, 1967

These laws require that any person who acquires foreign citizenship must:

• Surrender their Indian passport

• Apply for renunciation of Indian citizenship

• Only then can they apply for OCI (Overseas Citizenship of India)

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❌ Does OCI Mean Dual Citizenship?

No.

The name “Overseas Citizenship of India (OCI)” is misleading.
It is NOT citizenship.

OCI is only a long-term visa privilege, not dual nationality.
It does not provide:

• Voting rights

• Indian passport

• Political rights

• Government jobs

The Citizenship Act, 1955

This Act governs all citizenship-related matters in India.

Under Section 9 of the Act:

• If an Indian citizen accepts foreign citizenship, they cease to be an Indian citizen.

Under Indian Passport Act, 1967:

• It is illegal to hold an Indian passport after acquiring foreign citizenship

• A person must surrender the Indian passport within a specific time

Because India does not recognize dual citizenship, holding two passports is a punishable offense.

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So, What Is Allowed?

India does not allow dual citizenship, but it offers alternatives:

1. OCI (Overseas Citizenship of India)

2. PIO Card (now merged with OCI)

3. NRI Status (Non-Resident Indian)

The most important among these is OCI.

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What Is OCI (Overseas Citizenship of India)?

Some people mistakenly think OCI means “dual citizenship.”
But that is incorrect.

OCI is NOT citizenship.
It is a form of long-term residency privilege for people of Indian origin who have foreign citizenship.

The Government introduced OCI in 2005.

Benefits of OCI

• Lifelong visa to visit India

• No need for separate visas

• Can live and work in India indefinitely

• Can open bank accounts

• Can own non-agricultural property

• Can participate in professional activities

• Can study in India

• Can do business in India

These benefits are similar to citizenship but NOT equal.

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What Rights OCI Holders Do NOT Have

OCI cardholders cannot:

• Vote in Indian elections

• Run for political office

• Hold government jobs

• Buy agricultural land

• Become members of the Indian Armed Forces

• Get a full Indian passport

This is why OCI is not dual citizenship.
It is only “privileged residency.”

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Who Can Get an OCI Card?

OCI is available for:

• Former Indian citizens

• Persons with Indian-origin parents or grandparents

• Spouses of Indian citizens under certain conditions

But persons from Pakistan or Bangladesh cannot get OCI due to security concerns.

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Is India Going to Allow Dual Citizenship in the Future?

As of today, there is:

• No official plan

• No bill in Parliament

• No constitutional amendment proposal

to allow dual citizenship.

Many people have demanded it, especially the Indian diaspora in Western countries. However, the Government believes:

• Dual citizenship may create legal complexities

• It may weaken the concept of national loyalty

• It may increase security vulnerabilities

So for now, OCI is the closest alternative.

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Types of Citizenship in India

Indian citizenship can be acquired through:

1. Birth

2. Descent

3. Registration

4. Naturalization

5. Incorporation of Territory

Let’s understand each briefly.

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1. Citizenship by Birth

• Persons born in India before 1 July 1987 → automatically citizens

• Persons born between 1987–2004 → citizen if at least one parent is Indian

• Persons born after 2004 → citizen only if:

  • One parent is Indian

  • And the other is not an illegal migrant

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2. Citizenship by Descent

People born abroad can be Indian citizens if:

• Their parents were Indian at the time of their birth

• They register their birth at the Indian consulate

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3. Citizenship by Registration

This applies to:

• Persons of Indian origin

• People married to Indian citizens

• Certain foreign nationals

They must meet residency requirements.

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4. Citizenship by Naturalization

Foreign nationals can become Indian citizens if:

• They have lived in India for a long period

• They meet legal requirements

• They renounce their prior citizenship

Because India does not allow dual citizenship, they must first give up citizenship of their home country.

5. Citizenship by Incorporation of Territory

If India acquires new territory, people living there become Indian citizens automatically.

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Why Many Countries Allow Dual Citizenship but India Does Not

Dual citizenship works well in:

• High-income countries

• Countries with stable borders

• Nations with low population mobility

But India is:

• A diverse nation

• Large population

• Complex political environment

• Sensitive borders with Pakistan, China, Bangladesh, etc.

Allowing dual citizenship could create:

• Security vulnerabilities

• Political influence from foreign governments

• Conflicts of interest

• Complications with hostile nations

India’s approach is therefore cautious but deliberate.

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Common Questions About Dual Citizenship in India

Let’s answer the most frequently searched and asked questions.

1. Can an NRI Have Dual Citizenship?

No.
NRIs are still Indian citizens living abroad temporarily.
If they take foreign citizenship, they stop being Indian.

2. Can I Keep My Indian Passport After Becoming a US Citizen?

No.
It is illegal.

You must surrender your Indian passport immediately.

3. Can I Vote in India after Taking Foreign Citizenship?

No.
Only Indian citizens can vote.

OCI and PIO holders cannot vote.

4. Can OCI Holders Buy Property in India?

Yes, but only:

• Residential property

• Commercial property

No agricultural land.

5. Can OCI Holders Work in Government Jobs?

No.

Government jobs are reserved for Indian citizens only.

6. Is OCI the Same as Dual Citizenship?

No.
OCI offers benefits similar to residency, not citizenship.

7. Can OCI Holders Join the Indian Army?

No.

Only Indian citizens can join defense services.

8. Can India Ever Allow Dual Citizenship in Future?

Possible, but unlikely in the near future.
It would require:

• A constitutional amendment

• New laws

• New administrative systems

This would be a massive change.

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Detailed Comparison: Indian Citizenship vs OCI vs NRI Status

Feature	Indian Citizen	OCI Holder	NRI (Indian Citizen Living Abroad)
Can vote	✔️ Yes	❌ No	✔️ Yes
Can hold Indian passport	✔️ Yes	❌ No	✔️ Yes
Can buy agricultural land	✔️ Yes	❌ No	✔️ Yes
Eligible for government jobs	✔️ Yes	❌ No	✔️ Yes
Visa requirements	Not required	Lifelong visa	Not applicable
Taxation	Based on residency	Based on income source	Based on residency
Citizenship status	Full citizen	Foreign citizen with privileges	Full citizen

Why People Want Dual Citizenship

People desire dual citizenship for many reasons:

• Emotional attachment to India

• Wanting to keep Indian identity

• Easier travel

• Investment considerations

• Ability to work abroad

• Access to foreign benefits (like healthcare, education)

• Freedom of movement

Many Indians who settle abroad feel a strong connection to their roots and want to retain legal ties with India.

However, India believes that dual citizenship may complicate loyalty and administrative control.

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Case Studies & Examples

Let’s explore real-life situations to understand the law better.

Case 1: Rahul Moves to Canada

Rahul, an Indian citizen, moves to Canada for studies. Later he gets a job and applies for Canadian citizenship.

As soon as he becomes a Canadian citizen, he is no longer an Indian citizen.

He must:

• Surrender Indian passport

• Apply for an OCI card

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Case 2: Priya Was Born in India but Now Lives in the UK

Priya becomes a British citizen.
Even though she was born in India, she loses Indian citizenship.

She may apply for OCI but cannot:

• Vote

• Own farmland

• Get a government job

Case 3: Arjun Wants to Keep Both Passports

This is not allowed.
Arjun must choose between being an Indian citizen or a foreign citizen.

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Dual Citizenship & Emotional Impact on NRI Families

Losing Indian citizenship can feel emotional:

• People feel disconnected

• Fear of losing identity

• Worry about property and family ties

This is why OCI was introduced—to maintain a relationship with India without creating legal conflicts.

OCI provides:

• A bridge

• A sense of belonging

• Connection to heritage

But without the political rights of full citizenship.

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Dual Citizenship & Indian Children Born Abroad

Many Indian couples have children in:

• USA

• Canada

• Australia

• UK

These countries give citizenship by birth.

So the child may have:

• Citizenship of the foreign country

• Right to register for Indian citizenship before age 18

Parents must decide whether they want the child to be:

• A full Indian citizen, OR

• Keep foreign citizenship and get an OCI card

But the child cannot legally be both.

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Impact of Dual Citizenship Ban on Migration

India’s ban on dual citizenship affects:

• Students

• IT professionals

• Skilled workers

• Families abroad

Many Indians eventually take foreign citizenship because:

• It offers security

• Better job opportunities

• Education benefits

• Ease of travel

But they must give up Indian citizenship to do so.

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The Process of Giving Up Indian Citizenship

When a person acquires foreign citizenship, they must:

1. Apply for Renunciation Certificate

2. Surrender Indian passport

3. Pay surrender fees

4. Apply for OCI if desired

Failing to surrender an Indian passport may lead to:

• Fines

• Legal trouble

• Issues at airports

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Economic Impact of the No-Dual-Citizenship Policy

Many experts argue:

• Allowing dual citizenship could increase foreign investment

• Overseas Indians would feel more connected

• Property market would benefit

But others believe:

• Dual citizenship may cause exploitation

• Foreign powers could influence Indian politics

India continues to evaluate these concerns carefully.

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Dual Citizenship Debate in India

There is ongoing debate:

Arguments in Favor:

• Strengthen diaspora ties

• Boost investment and tourism

• Promote cultural links

• Help Indian-origin people contribute to India’s growth

Arguments Against:

• National security risks

• Political manipulation

• Legal complexities

• Difficulty in taxation and law enforcement

As a result, the Government has chosen a middle path: OCI.

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OCI vs Dual Citizenship: Clear Differences

Many people confuse OCI with dual citizenship.
Let us clarify clearly:

OCI is NOT:

• Indian citizenship

• An Indian passport

• Voting rights

• Political participation

OCI IS:

• A lifelong visa

• Permission to live, work, study in India

• A travel convenience

• A connection to Indian roots

India uses OCI to avoid legal risks of dual citizenship while still allowing emotional connections.

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Legal Penalties for Holding Two Passports

If someone holds:

• An Indian passport

• AND a foreign passport

at the same time, it is a violation.

Penalties include:

• ₹10,000 to ₹50,000 fines

• Passport confiscation

• Delay in OCI processing

Always surrender your Indian passport after foreign naturalization.

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Can Foreigners Become Indian Citizens?

Yes, but with conditions:

• They must live in India for 11 years

• They must renounce their foreign citizenship

• They must know Indian languages

• They must take an oath of allegiance

India does not make it very easy to become a citizen.
This is to maintain demographic and political stability.

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Conclusion: Dual Citizenship in Indian Law

Let’s summarize:

• India does not allow dual citizenship.

• If you become a citizen of another country, you automatically lose Indian citizenship.

• You must surrender your Indian passport.

• OCI is the closest alternative but is not citizenship.

• OCI gives many benefits but no political rights.

• India’s stance is based on historical, legal, and security reasons.

As the world becomes more global, debates will continue. But for now, the law is clear:

No dual citizenship. Only single citizenship with OCI as an additional privilege.